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SKM_28720050814180
This document consists of the Appellants' Practice Note and Heads of Argument filed in the Supreme Court of Appeal of South Africa on 8 May 2020. The Appellants, including the Global Environmental Trust and the Mfolozi Community Environmental Justice Organisation, are appealing a High Court judgment that found in favour of Tendele Coal Mining (Pty) Ltd. The appeal centers on whether Tendele's mining operations at the Somkhele Mine were conducted lawfully without specific environmental authorisations under the National Environmental Management Act (NEMA), municipal land use approvals, waste management licences, and permits for the relocation of community graves.
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Document type: Briefing
17-06-2021-cer-comments-on-the-draft-asm-policy-2021-f5fc80e02cd7b026.pdf
The Centre for Environmental Rights (CER) provides comments on the draft Artisanal and Small-Scale Mining (ASM) Policy 2021, arguing that ASM operators should be held to the same environmental, water, and health and safety standards as large-scale miners to prevent poverty and inequality caused by environmental degradation.
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Document type: Statement
SKM_28720072311360
This document consists of the heads of argument filed by Tendele Coal Mining (Pty) Limited (the First Respondent) in the Supreme Court of Appeal of South Africa. The filing is a response to arguments submitted by an amicus curiae (the Centre for Environmental Rights) regarding whether mining operations commencing before 8 December 2014 required both a mining right under the Mineral and Petroleum Resources Development Act (MPRDA) and a separate environmental authorisation under the National Environmental Management Act (NEMA).
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Document type: Briefing
2011-anc-bhengu-q218-the-most-common-challenges-that-are-encountered-by-the-department-in-respect-of-compliance-with-water-source-protection-policies-plans-to-amend-this-and-impact-45067bc07e698cc9.pdf
This document is a draft reply from the South African Minister of Water and Environmental Affairs to a National Assembly question regarding challenges with water source protection policy compliance, the department's mitigation plans, the impacts of non-compliance, and enforcement measures.
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Document type: Briefing
2011-da-terblanche-q575-transgression-of-the-nwa-by-a-coal-washing-plant-and-municipal-enforcement-4fd0f8fff1900b48.pdf
This document is a draft written reply from the Minister of Water and Environmental Affairs to a National Assembly question (No. 575) regarding a coal washing plant's compliance with the National Water Act in the eMalahleni Municipality.
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Document type: Briefing
2012-draft-a77fe65e88440bfe.pdf
The National Dust Control Regulations, 2012, are draft regulations issued by the South African Department of Environmental Affairs to prescribe general measures for the control of settleable particulate matter (dust) across all areas.
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Document type: Statement
2012-morgan-q2280-workings-of-the-water-tribunal-annex-b-f81a977d0135b9f3.pdf
The document is an annex containing a list of legal appeals and disputes brought before the Water Tribunal regarding the National Water Act, 1998. It details various cases involving water use licenses, directives issued by the Department of Water Affairs (DWA), and disputes over illegal dam construction or water stress, noting the current status of pleadings and potential for settlement.
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Document type: Report
2014-05-30-fa12-s21-project-final-revew-report-ec28195dda07a12e.pdf
This document consists of a final review report and supporting meeting minutes and submissions regarding the implementation of listed activities and minimum emission standards (MES) under the National Environmental Management: Air Quality Act (AQA) of 2004 in South Africa. It proposes a phased approach to setting emission standards based on Best Available Technology (BAT), identifies priority industry sectors for initial listing, and discusses the establishment of national ambient air quality standards to protect public health and the environment.
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Document type: Report
2014-05-30-fa16-ambient-aq-standards-discussion-document-30-10-2007-2ec626542db9c536.pdf
This discussion document, compiled by the Department of Environmental Affairs and Tourism (DEAT), outlines the process for establishing national ambient air quality standards in South Africa under the National Environmental Management: Air Quality Act 2004 (AQA). It analyzes the transition from source-based controls to an objectives-based approach, evaluates the limitations of previous SABS standards (SANS 1929 and SANS 69), and summarizes public and stakeholder responses to proposed standards. The document concludes by presenting a revised set of standards and a governance framework that uses tiered zones (Green, Blue, Purple, Orange, and Red) to trigger air quality management interventions.
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Document type: Report
2014-05-30-fa21-dea-letter-to-sabs-13-10-2008-127ed659be51ab26.pdf
A letter from the South African Department of Environmental Affairs and Tourism to the SABS Standards Division providing directions on the differentiation of new and existing facilities and compliance timeframes for draft minimum emission standards for listed activities.
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Document type: Statement
2014-05-30-fa25-deat-letter-to-sabs-tc146-members-11-12-2008-9ec10a9a70400254.pdf
A letter from the South African Department of Environmental Affairs and Tourism to SABS TC146 members regarding delays in identifying listed activities and minimum emission standards under theS the National Environmental Management: Air Quality Act (Act No. 39 of 2004).
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Document type: Statement
2014-05-30-fa3-gn-893-of-22-november-2013-8f0fcea586f20225.pdf
This government notice, published on 22 November 2013, amends the list of activities resulting in atmospheric emissions that may have significant detrimental effects on the environment, health, social, economic, ecological, or cultural conditions. Issued by the Minister of Water and Environmental Affairs under the National Environmental Management: Air Quality Act, 2004, the document establishes minimum emission standards (MES) for ten industrial categories, including combustion installations, the petroleum industry, and metallurgical processes. It defines compliance timeframes for new and existing plants, monitoring requirements, and reporting protocols to the National Air Quality Officer.
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Document type: Report
2014-05-30-fa31-s21-for-comment-24-07-2009-748f4ef4b33a182c.pdf
This document is a General Notice (No. 1001) published in the Government Gazette of South Africa on 24 July 2009 by the Minister of Water and Environmental Affairs. It outlines a proposed list of activities that result in atmospheric emissions which may have significant detrimental effects on the environment, health, social, economic, ecological, or cultural conditions, as well as their associated minimum emission standards (MES) under section 21 of the National Environmental Management: Air Quality Act, 2004.
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Document type: Report
2014-05-30-fa38-national-ambient-air-quality-standards-24-12-2009-e2bbb5e911c72e6a.pdf
This government notice, published in the Government Gazette on 24 December 2009, establishes the national ambient air quality standards for South Africa under the National Environmental Management: Air Quality Act, 2004.
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Document type: Statement
2014-05-30-fa40-dea-busa-meeting-584f2f50a67ba026.pdf
This briefing document records the outcomes of a meeting between the Department of Environmental Affairs (DEA) and Business Unity South Africa (BUSA) regarding the draft regulations for activities resulting in atmospheric emissions that may have detrimental environmental effects. The meeting focused on refining definitions, compliance timeframes, and specific emission standards across various industrial categories to ensure they are based on justifiable reasoning and ambient air quality standards.
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Document type: Briefing
2014-05-30-fa43-letter-from-dea-to-caia-dated-27-july-2011-589b3fd1920cd127.pdf
A letter from the South African Department of Environmental Affairs (DEA) inviting participation in the process of amending listed activities and medium emission standards notice, promulgated under Section 21 of the National Environmental Management: Air Quality Act (AQA) Act, 39 of 2004.
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Document type: Statement
sasol’s submission on the requirement fcr existing plants to meet new plant standards as well as other concerns reiating to the Listed Activities and Minimum Emission standards
Sasol argues that retrofitting old plants to meet new emission standards is often technically impossible due to space and configuration constraints, and economically unjustifiable given the negligible impact on ambient air quality in some areas. The company highlights conflicts between air quality standards and national energy efficiency and waste strategies, while calling for extended compliance timelines and greater regulatory certainty across national, provincial, and local government tiers.
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Document type: Statement
2014-05-30-fa9-naca-neaf-comments-23-10-2006-58db88ee54eff13c.pdf
ThisL This document contains inputs provided by Yvonne Scorgie on behalf of the National Association for Clean Air (NACA) for a National Environmental Advisory ForumS ForumS Forum Subcommittee on Pollution and Waste Management meeting held on 23 October 200S SSS 2006. The submission outlines recommendations for implementing the NEM Air Quality Act, focusing on priority areas for regulatory rollout, the establishment of emission standardsL standards, and the creation of support structures for air quality management planning.
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Document type: Briefing
3.2-annexures-a7cd5f38edf0c1c1.pdf
This document consists of a series of legal statements, permissions, and correspondence regarding the Yzermyn underground coal mine project in Mpumalanga, South Africa. It includes a formal permission from the Ministers of Environmental Affairs and Mineral Resources for Atha-Africa Ventures (Pty) Ltd to mine within the Mabola Protected Environment, a land use approval from the Dr Pixley ka Isaka Seme Local Municipality, and a detailed statement of grounds for appeal filed by a coalition of environmental organisations. The appeal argues that the project is 'fatally flawed' due to its potential for irreversible damage to critical biodiversity, wetlands, and water resources, and claims that the socio-economic benefits to local communities were overestimated.
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Document type: Statement
SUBMISSIONS ON THE REVISED DRAFT AIR QUALITY MANAGEMENT PLAN “ANNEXURE 2”
The Centre for Environmental Rights (CER) submitted comments on the revised draft Air Quality Management Plan (AQMP) for the Nkangala District Municipality (NDM). The CER argues that the plan is overly ambitious given the NDM's lack of capacity and resources, fails to align with the Highveld Priority Area (HPA) AQMP, and contains significant technical errors in its air quality modelling and data.
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Document type: Statement