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SUBMISSIONS ON THE DRAFT AIR QUALITY MANAGEMENT BY-LAW
The Centre for Environmental Rights (CER) provides detailed legal and technical submissions on the draft Air Quality Management By-law for the Ngkawi District Municipality (NDM). The CER recommends aligning the by-laws with national legislation, such as the National Environmental Management: Air Quality Act (AQA) and the National Environmental Management Act (NEMA), and suggests stricter local emission and dust standards to protect human health, particularly given the area's location within a High Priority Area (HPA).
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Document type: Report
APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM
The Vaal Environmental Justice Alliance (VEJA) and groundWork have appealed a decision by the National Air Quality Officer (NAQO) to grant ArcelorMittal South Africa (AMSA) postponements and alternative emission limits for Hydrogen Sulphide (H2S) at its Vanderbijlpark facility. The appellants argue that the granted limits are unlawfully weaker than existing plant standards and that AMSA's history of environmental non-compliance makes it unfit to receive such leniency.
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Document type: Statement
arnot-ael_april-2015-b7b67fb18afa1b35.pdf
This document consists of a formal letter and a variation of the Atmospheric Emission Licence (AEL) issued by the Nkangala District Municipality to Eskom Holdings SOC Limited for the Arnot Power Station. The letter, dated 20 April 2015, addresses Eskom's request to correct errors in the AEL, while the attached licence specifies the operational conditions, emission limits, and reporting requirements for the power station's activities.
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Document type: Report
BRIGHT COAL-COMMISIEKRAAL
The document details a dispute over coal prospecting rights granted by the Department of Minerals (DMR) to Samancor Chrome Limited, later ceded to Commissiekraal Coal (Pty) Ltd and Bright Coal (Pty) Ltd, on the Farm Commissiekraal in KwaZulu-Natal. The case is highlighted because the prospecting occurs at the headwaters of the Pongola river system, a highly sensitive area. While the landowner, Nico Lens, supported the activity, downstream users and environmental groups—including the Greater Pongola River Catchment Protection Association (GPRCPA), WWF, and the Impala Water Users Association—opposed it, citing a lack of consultation. The GPRCPA only discovered the operations by chance through a contractor. The case raises concerns regarding the DMR's interpretation of the Mineral and Petroleum Resources Development Act (MPRDA) concerning ecological degradation and the transparency of the transfer of prospecting rights. An administrative appeal against the prospecting right was lodged on 15 February 2011.
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Document type: Case study
KM_C554e-20160408095623
A letter from the National Air Quality Officer (NAQO) of the South African Department of Environmental Affairs to the Centre for Environmental Rights, providing the reasons and legal framework for decisions regarding applications for the postponement of compliance with Minimum Air Quality Emission Standards (MES).
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Document type: Statement
The Looming Threat of Bulk Marine Sediment Mining
The document outlines the threats posed by bulk marine sediment mining, specifically the use of Trailing Suction Hopper-Dredge (TSHD) technology, and calls for a moratorium in South Africa to protect marine ecosystems and fisheries.
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Document type: Fact sheet
dd11-dd121-d8cbb8544f3abd0f.pdf
The document contains excerpts from the 2007 and 2012 National Frameworks for Air Quality Management in South Africa. It outlines the identification of pollutants of concern, the process for rating municipalities based on air quality status, and the establishment of national priority areas to address air pollution.
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Document type: Report
dd24-dd25-86f635fc7b235fc4.pdf
This document consists of an internal appeal filed by the Centre for Environmental Rights (CER) on behalf of the South Durban Community Environmental Alliance (SDCEA) and the subsequent ruling by the eThekwini Metropolitan Municipality. The appeal challenged the Municipality's refusal to grant access to Atmospheric Emission Licences (AELs) and compliance reports for the SAPREF (Shell and BP) and Engen petroleum refineries, which the Municipality had withheld citing the protection of third-party commercial information under the Promotion of Access to Information Act (PAIA). The Appeal Authority ultimately upheld the refusal, ruling that the information was commercially sensitive and that the public interest override was not sufficiently substantiated.
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Document type: Statement
dd26-part-2-of-2-f57b72e309adcf55.pdf
This document is a technical annex of an air emissions license issued on 31 March 2014, detailing the emission limits, monitoring requirements, and operational conditions for a refinery operated by Chevron. It specifies pollutant thresholds for various combustion installations and storage facilities, mandates ambient air quality monitoring at specific stations, and establishes reporting protocols for non-compliance and emergency incidents.
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Document type: Report
eskom-response-to-the-appeal-of-hendrina-power-station-ael-by-cer-e53adfc092a1ec8c.pdf
Eskom's formal response to an appeal by the Centre for Environmental Rights (CER) regarding the Atmospheric Emission Licence (AEL) of the Hendrina Power Station. Eskom argues that the requested variations to the AEL would make the station unable to operate from 2020 and maintains that the current postponements of Minimum Emission Standards (MES) are lawful and necessary due to the station's age and resource constraints.
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Document type: Statement
fa74-submission-of-proposed-amendement-to-section-21-by-lrc-dated-07-may-2013-d49a9ca4af4aa4c3.pdf
The Legal Resources Centre (LRC) submitted a statement to the Portfolio Committee on Water and Environmental Affairs on 7-8 May 2013, opposing proposed amendments to the Section 21 listed activities of the Air Quality Act (Act 39 of 2004). The LRC argues that the 2012 amendment process lacked administrative fairness and transparency compared to the 2009 process, resulting in reduced standards for major polluters and extended compliance timeframes.
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Document type: Statement
impact-assessment-implementation-regulations-794d4b2c1ded80a0.pdf
This 2019 Phase 1 Initial Impact Assessment, produced by the Department of Environment Forestry and Fisheries (DEFF) for the South African Presidency's Socio-Economic Impact Assessment System (SEIAS), evaluates the need for regulations to enforce Air Quality Management Plans (AQMPs) in three priority areas. The document identifies a failure to meet National Ambient Air Quality Standards (NAAQS) due to ineffective AQMP implementation and a lack of accountability for non-industrial stakeholders.
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Document type: Report
ipp-office-letter-to-cer-3-5-19-8cc971fde11fa86e.pdf
A letter from the Independent Power Producer (IPP) Office to the Centre for Environmental Rights (CER) providing an update on the Coal Baseload Independent Power Producers Procurement Programme, specifically regarding bid validity extensions for the Thabametsi and Khanyisa projects.
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Document type: Statement
letter-from-minister-of-mr-to-cer-15-april-2011-1627020fe436a679.pdf
A letter from the South African Ministry of Mineral Resources to the Centre for Environmental Rights acknowledging a submission from 13 non-governmental organisations regarding the environmental regulation of prospecting, reconnaissance, exploration, and mining within the review of the Mineral and Petroleum Resources Development Act, 2002.
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Document type: Statement
minister-of-environmental-affairs-a99fe867c50029ea.pdf
This document consists of a practice note and legal submissions filed by the National Minister of Water and Environmental Affairs to the Constitutional Court of South Africa. The submissions argue that holders of mining rights or permits granted under the Mineral and Petroleum Resources Development Act (MPRDA) are not exempt from obtaining separate environmental authorisations under the National Environmental Management Act (NEMA) for listed activities.
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Document type: Briefing
00206BAAD8FC200514110110.pdf
The Minister of Forestry, Fisheries and the Environment of South Africa issued a decision on 12 May 2020 regarding an objection by Eskom Kendal Power Station to a Compliance Notice (CN). The CN, issued on 10 December 2019, addressed failures to comply with the Atmospheric Emissions Licence (AEL), specifically regarding particulate matter emissions. The Minister modified the CN to allow Eskom to cease operation of either Unit 1 or Unit 5 (rather than both simultaneously) to mitigate load-shedding risks and extended the deadline for submitting a specialist Plan of Action for Units 2, 3, 4, and 6.
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Document type: Statement
notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf
This document is a Notice of Appeal filed in the High Court of South Africa by the Endangered Wild Federation and the Federation for a Sustainable Environment. The appellants challenge a May 22, 2018, decision by the Water Tribunal regarding a water use licence granted to Atha-Africa Ventures (Pty) Ltd. The appeal is based on eleven grounds, primarily arguing that the Water Tribunal ignored critical environmental data, failed to apply the precautionary principle, and overlooked jurisdictional requirements regarding landowner consent and financial security for post-closure water treatment.
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Document type: Statement
record-11.1-to-11.2-8792536714d0a5e6.pdf
This executive summary and accompanying board submission detail Eskom's Air Quality Strategy as of February 2015. The document outlines the company's inability to fully comply with South Africa's National Emission Standards by 2020 due to water scarcity, required outage durations, and financial constraints. Instead, Eskom proposes a phased approach involving targeted emission abatement retrofits, air quality offsets for low-income households, and applications for legal postponements of compliance deadlines.
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Document type: Executive summary
record-13.3-pg-25-36-ff947e4bf0755a76.pdf
The provided text is an excerpt from the Eskom Air Quality Improvement Plan, detailing the strategic framework, financial requirements, and operational risks associated with reducing emissions at Eskom power stations. It outlines a comprehensive plan for particulate, NOx, and SO2 emission reductions through technology retrofits and air quality offsets, while highlighting significant funding gaps and organizational challenges.
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Document type: Report
record-7.1-to-7.2-71e555e3bab04efa.pdf
This executive summary and accompanying board minutes from October 2013 detail Eskom's struggle to balance environmental compliance with financial and technical constraints. The document highlights significant funding gaps for emission standards and critical maintenance, the risk of criminal liability for leadership, and a specific crisis regarding the Kriel power station's non-compliance with particulate emissions.
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Document type: Executive summary