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REGULATIONS FOR IMPLEMENTING AND ENFORCING THE HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN (2012)
This document consists of a series of letters and a report summary from the Centre for Environmental Rights (CER) addressed to the South African Department of Environmental Affairs (DEA). The CER, representing various environmental groups, argues that the Highveld Priority Area (HPA) has failed to improve air quality since its 2007 declaration. The CER demands the urgent implementation of regulations to enforce the 2012 Air Quality Management Plan (AQMP), the elimination of 'rolling postponements' for emission standards granted to major polluters like Eskom and Sasol, and a formal response to the 'Broken Promises' report regarding the ongoing violation of constitutional rights to a healthy environment.
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Document type: Statement
Environmental Groups Oppose this Deal, Given Failure to Meet Basic Criteria
A statement by environmental organizations opposing the negotiated NAFTA 2.0 deal, arguing that it fails to meet baseline environmental criteria and instead protects corporate polluters while undermining climate and pollution protections.
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Document type: Statement
APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA)
This document is a formal response from a land development applicant, submitted by Peter Dacomb of The Practice Group, to the Dr Pixley Ka Isaka Seme Local Municipality. The response addresses various objections and letters of support regarding an application to change the land use of Portion 1 of the farm Yzermyn 96 HT from agricultural to mining and related purposes under the Spatial Planning and Land Use Management Act, 2013 (SPLUMA) and the 2016 Municipal By-law.
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Document type: Statement
REPRESENTATIONS ON THE NOTICE OF INTENTION TO AMEND THE LIST OF ACTIVITIES WHICH RESULT IN ATMOSPHERIC EMISISONS WHICH HAVE OR MAY HAVE A SIGNFICANT DETRIMENTAL EFFECT ON THE ENVIRONMENT, INCLUDING HEALTH, SOCIAL CONDITIONS, ECONOMIC CONDITIONS, ECOLOGICAL CONDITIONS OR CULTURAL HERITAGE
The Centre for Environmental Rights, representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted representations on June 25, 2018, regarding proposed amendments to the List of Activities resulting in atmospheric emissions. While supporting the elimination of 'rolling postponements' for minimum emission standards (MES), the submission argues for stricter requirements for once-off suspensions, greater transparency in application documents, and a more robust public participation process.
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Document type: Statement
SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)
The Centre for Environmental Rights (CER), representing various non-governmental and community-based organisations, submitted comments to the Department of Environmental Affairs (DEA) regarding the 2018 Draft Amendments to the National Dust Control Regulations 2013. The CER argues that the draft regulations remain inadequate for protecting human health and the environment, particularly for mining-affected communities, and calls for more rigorous enforcement, better monitoring methods, and the inclusion of specific health-related analyses for toxic dust.
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Document type: Statement
NOTICE IN TERMS OF SECTION 28(12) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, IN RELATION TO ARCELORMITTAL SOUTH AFRICA’ S OPERATIONS AT VANDERBIJLPARK
The Centre for Environmental Rights (CER), representing the Vaal Environmental Justice Alliance (VEJA), groundWork, and affected community members, issued a formal notice to the Director-General of the Department of Environmental Affairs (DEA) on 18 June 2018. The notice, submitted under section 28(12) of the National Environmental Management Act, 1998 (NEMA), demands that the DEA take enforcement action against ArcelorMittal South Africa (AMSA) for significant and ongoing pollution of air, soil, and water at its Vanderbijlpark operations.
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Document type: Statement
Microsoft Word - Letter to chief science advisor - FINAL.docx
A June 2018 letter from four health and environmental non-profits to Canada's Chief Science Advisor, Dr. Mona Nemer, requesting an investigation into the scientific integrity and transparency of the Pest Management Regulatory Agency (PMRA). The authors argue that the PMRA's regulatory processes for pesticides like neonicotinoids, glyphosate, and atrazine contravene government commitments to evidence-based decision-making by relying on non-public data and ignoring peer-reviewed science.
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Document type: Statement
Dr A. Gray statement re air dispersion modeling files 10 May 20
A statement by Dr. A. Gray, an environmental engineer and atmospheric scientist, regarding the necessity of providing full computer modeling files alongside written reports to ensure the transparency and validity of air dispersion modeling assessments.
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Document type: Statement
URGENT STEPS NEEDED TO ADDRESS AIR POLLUTION IN THE HIGHVELD PRIORTY AREA
The Centre for Environmental Rights (CER), representing several environmental justice organizations, issued a formal letter to the Director-General of the Department of Environmental Affairs (DEA) on 26 February 2018. The letter demands urgent action to address air pollution in the Highveld Priority Area (HPA), specifically criticizing the DEA's handling of minimum emission standards (MES) compliance, its failure to respond to the 'Broken Promises' report, and the health impacts of emissions from Eskom and Sasol.
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Document type: Statement
Reducing chemical risks in low-income countries: strategies for improved coverage of basic chemicals-management legislation
This policy brief examines the implementation gap of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS) in national legislation, particularly in low-income countries. It identifies regulatory capacity and GDP per capita as primary barriers to implementation and proposes strategies such as regional collaboration, integration into national chemicals strategies, and alignment with the Agenda 2030 to increase global coverage.
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Document type: Policy brief
COMMENTS BY THE CENTRE FOR ENVIRONMENAL RIGHTS ON THE DRAFT MINE WATER MANAGEMENT POLICY POSITION
The Centre for Environmental Rights (CER) provides critical feedback on the Department of Water and Sanitation's (DWS) draft Mine Water Management Policy Position. The CER argues that the draft understates the crisis of mine water management in South Africa, citing a systemic failure in mine closures and a lack of compliance monitoring and enforcement. The CER recommends that the DWS utilize existing legislative tools—specifically the National Water Act (NWA), the National Environmental Management Act (NEMA), and the Mineral and Petroleum Resources Development Act (MPRDA)—to enforce the 'polluter pays' principle and secure financial provisions for water treatment before granting licenses.
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Document type: Statement
SUBMISSIONS BY THE CENTRE FOR ENVIRONMENTAL RIGHTS TO THE NATIONAL COUNCIL OF PROVINCES ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL [B 15D-2013]
The Centre for Environmental Rights (CER) submitted comments to the National Council of Provinces regarding the Mineral and Petroleum Resources Development Amendment Bill [B 15D-2013]. The CER argues that the legislative process has been procedurally irregular, potentially leading to a constitutional challenge, and expresses concern that new amendments dilute community participation and environmental protections.
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Document type: Statement
APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE
The Centre for Environmental Rights (CER), representing the Endangered Wildlife Trust (EWT) and the Federation for a Sustainable Environment (FSE), submitted representations to the Minister of Water and Sanitation on 2 March 2017. The document argues against a petition by Atha-Africa Ventures (Pty) Ltd to uplift the suspension of a water-use licence (WUL) for the proposed Yzermyn underground coal mine, asserting that the suspension should remain until the Water Tribunal resolves the pending appeal.
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Document type: Statement
FOLLOW UP TO REQUEST FOR REVIEW AND STRENGTHENING OF THE NATIONAL DUST CONTROL REGULATIONS
The Centre for Environmental Rights (CER) wrote to the Minister of Environmental Affairs on 25 October 2016 to follow up on a request to strengthen the National Dust Control Regulations. The CER expresses concern over the Department of Environmental Affairs' narrow focus on monitoring methods rather than health impacts, and objects to a proposal to increase the allowable dust limit for residential areas.
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Document type: Statement
COMMENTS BY THE CENTRE FOR ENVIRONMENTAL RIGHTS ON THE PROPOSED AMENDMENTS TO THE FINANCIAL PROVISIONING REGULATIONS, 2015
The Centre for Environmental Rights (CER) submitted comments to the Department of Environmental Affairs on October 7, 2016, regarding proposed amendments to the Financial Provisioning Regulations, 2015. The CER argues that several proposed deletions of appendices and clauses would create legal uncertainty, reduce transparency, and weaken the state's ability to ensure that mining rehabilitation funds are available and used correctly.
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Document type: Statement
REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE ACT, 2016
These 2016 regulations, issued by the Minister of Environmental Affairs, establish the procedure and criteria for determining administrative fines for persons operating listed activities without a valid atmospheric emission license under section 22A of the National Environmental Management: Air Quality Act, 2004.
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Document type: Guide
REGULATIONS PRESCRIBING THE ATMOSPHERIC EMISSION LICENCE PROCESSING FEE, 2016
The Regulations Prescribing the Atmospheric Emission Licence Processing Fee, 2016, establish the mandatory fees for various types of atmospheric emission licence applications under the National Environmental Management: Air Quality Act, 2004.
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Document type: Guide
NOTA TÉCNICA COMENTÁRIOS À RESOLUÇÃO CONJUNTA SMA/SAA Nº 1/2016 SOBRE O PROGRAMA DE REGULARIZAÇÃO AMBIENTAL - PRA NO ESTADO DE SÃO PAULO
This technical briefing by the Climate Policy Initiative analyzes the Joint Resolution SMA/SAA No. 1/2016 regarding the Environmental Regularization Program (PRA) in the State of São Paulo. While acknowledging procedural advances, the document identifies several points of legal insecurity, specifically regarding the loss of land-use rights, the lack of complementary regulations, and restrictive requirements for Legal Reserve compensation.
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Document type: Briefing
REQUEST FOR REVIEW AND STRENGHENING OF THE NATIONAL DUST CONTROL REGULATIONS
The Centre for Environmental Rights (CER), representing various non-governmental and community organisations, submitted a request to the South African Minister of Environmental Affairs on 16 October 2015 to review and strengthen the National Dust Control Regulations. The CER argues that the current regulations are ineffective at alleviating fugitive dust emissions in mining and industrial areas, particularly due to an over-reliance on a 30-day monitoring average and the use of a 'crude' measurement method (ASTM D1739) that fails to protect human health.
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Document type: Statement
US States’ ability to protect from toxic chemicals under attack on two fronts – at home and abroad
A statement by the Center for International Environmental Law (CIEL) arguing that the chemical industry is attempting to undermine the ability of US states to enact protective toxic chemical legislation through the reform of the Toxic Substances Control Act (TSCA) and the Trans-Atlantic Trade and Investment Partnership (TTIP).
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Document type: Statement