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appeal-decision-19e4b3e7fa30c8b2.pdf
This document is a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province to dismiss an appeal brought by the Centre for Environmental Rights. The appeal challenged the environmental authorisation granted to Atha-Africa Ventured for the proposed Yzermyn underground coal mine, located on Portion 1 of the farm Yzermyn 96 HT within the Pixley Ka Seme Local Municipality.
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Document type: Statement
applicants-heads-of-argument-interlocutory-application-150519-860506fc9abf5770.pdf
This document consists of the applicants' (defendants') heads of argument filed in the High Court of South Africa (Western Cape Division) on 15 May 2019. The applicants, including environmental lawyers and a community activist, are seeking an order to compel Mineral Sands Resources (Pty) Ltd (MSR) to disclose documents relevant to a defamation lawsuit. MSR is suing the applicants overS for statements made during a University of Cape Town course on 25 January 2017, which alleged that MSR operated its Tormin Mine in breach of mining, environmental, and land use planning laws. The applicants argue that the requested documents are essential to prove the truth of their statements and to protect their constitutional rights to freedom of speech and academic freedom.
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Document type: Briefing
applicants-notice-ito-rule-16a-04cc8aab01466fe1.pdf
This document is a legal notice filed in the High Court of South Africa (Gauteng Division, Pretoria) in August 2017. It outlines the grounds upon which several applicants, including Mining and Environmental Justice and GroundWork, seek the review and setting aside of decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to allow Atha-Africa Ventures (Pty) Ltd to conduct commercial mining in the Mabola Protected Environment.
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Document type: Statement
APPLICANTS’ PRACTICE NOTE
This practice note outlines a legal application in the High Court of South Africa, Mpumalanga Division, seeking to review and set aside decisions regarding a land use change from agriculture to mining on Portion 1 of the farm Yzermyn 96.
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Document type: Briefing
arm-ghg-report-c62ac965d14cdb23.pdf
This document is a greenhouse gas (GHG) emissions data submission for the period of 1 January 2018 to 31 December 2018, provided by African Rainbow Minerals Limited on 29 March 2019.
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Document type: Report
BRIGHT COAL-COMMISIEKRAAL
This case study examines the granting and renewal of a coal prospecting right on the Farm Commissiekraal in KwaZulu-Natal, focusing on the ecological sensitivity of the Pongola river headwaters and the failure to consult downstream water users.
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Document type: Case study
Community Casebook on Mining and Environment
The Community Casebook on Mining and Environment is a guide published by the Centre for Environmental Rights to empower South African communities facing mining or prospecting applications. It explains the legal framework of the Mineral and Petroleum Resources Development Act (MPRDA), the duties of the Department of Mineral Resources (DMR), and provides four case studies where communities used legal mechanisms—including judicial reviews and appeals—to challenge mining rights or demand financial transparency from traditional authorities.
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Document type: Guide
WHAT YOU NEED TO KNOW ABOUT FINANCIAL PROVISION REGULATIONS FOR MINING, OIL AND GAS IN SOUTH AFRICA
This guide from the Centre for Environmental Rights explains the concept and purpose of financial provision regulations for mining, oil, and gas in South Africa, emphasizing the 'polluter must pay' principle to prevent mine abandonment and ensure environmental rehabilitation.
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Document type: Guide
cer-let-to-minister-and-director-general-171120-0fc00afba56d7ebe.pdf
A letter from Webber Wentzel to the Minister of Mineral Resources and Energy regarding an application under section 96(2) of the MPRDA to suspend a decision to grant a mine extension at Tormin Mine.
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Document type: Statement
cer-letter-to-australian-high-commissioner-mrc-resources-4-april-2016-edd6dd9cd06b5b78.pdf
The Centre for Environmental Rights (CER) wrote a letter to the Australian High Commissioner to South Africa on 4 April 2016, requesting clarification regarding a $15,431.00 grant provided to 'MRC Resources' via the Australian Direct Aid Program between 2003/4 and 2013/14 for the 'upgrade of existing fresh water borehole'. The CER questions why a profit-making Australian company, Mineral Commodities Limited (MRC), or its subsidiaries would receive funding intended for poverty reduction and sustainable development, particularly given the social unrest and violence associated with MRC's mineral sands projects in South Africa.
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Document type: Statement
cer-letter-to-minister-shabangu-re-mprda-and-s49-21-sept-2011-85e37a2d219a6aa0.pdf
A letter from the Centre for Environmental Rights (CER) to South Africa's Minister of Mineral Resources, Susan Shabangu, dated 21 September 2011, urging the adoption of NEMA standards for mining environmental regulation and the use of Section 49 of the MPRDA to protect biodiversity and hydrological areas.
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Document type: Statement
Mining and your Community: Know your Environmental Rights
This guide, produced by the Centre for Environmental Rights and Lawyers for Human Rights, provides information for communities and individuals in South Africa on their environmental and legal rights when facing proposed mining activities. It details the mandatory government permissions, consultation processes, and legal avenues available to affected parties to protect their land, water, and health.
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Document type: Guide
APPLICATION FOR SUSPENSION IN TERMS OF SECTION 96(2) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (“MPRDA”)
The Centre for Environmental Rights (CER) has applied for the suspension of a decision by the Minister of Mineral Resources and Energy to grant extended mining rights to Mineral Sands Resources (Pty) Ltd and Tormin Mineral Sands (Pty) Ltd at the Tormin mine. The CER argues that the expansion occurs within Critical Biodiversity Areas and that the environmental impacts are irreversible and inadequately assessed.
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Document type: Statement
APPLICATION ITO S96.pdf
The Centre for Environmental Rights (CER) filed an application on October 30, 2020, requesting the suspension of a decision by the Minister of Mineral Resources and Energy to grant extended mining rights to Mineral Sands Resources (Pty) Ltd (MSR) and Tormin Mineral Sands (Pty) Ltd. The CER argues that the proposed expansion occurs within Critical Biodiversity Areas (CBAs) and an ecological corridor, posing irreversible damage to biodiversity and the Namaqualand Strandveld vegetation.
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Document type: Statement
COMBINED SUMMONS
This document is a compilation of legal summons, news articles, emails, and personal essays centered on a long-running conflict between the Amadiba community on South Africa's Wild Coast and the Australian mining company Mineral Commodities Limited (MRC). The materials detail allegations of human rights abuses, fraudulent attempts to secure mining rights for titanium deposits at Xolobeni, and the 2016 assassination of anti-mining activist Sikhosiphi 'Bazooka' Rhadebe.
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Document type: Report
Scanned Document
The Department of Mineral Resources of the Republic of South Africa refused an Integrated Environmental Authorisation (IEA) application by Mineral Sands Resources (Pty) Ltd for the expansion of mining operations in the West Coast District Municipality of the Western Cape. The refusal was based on the applicant's failure to comply with the National Environmental Management Act (NEMA) and the 2014 EIA Regulations, specifically regarding the omission of listed activities in the application and the unlawful commencement of activities before receiving authorisation.
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Document type: Statement
GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL IMPACT ASSESSMENT AND AN ENVIRONMENTAL MANAGEMENT PROGRAMME TO BE SUBMITTED WITH APPLICATIONS FOR A MINING RIGHT IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, (ACT NO. 28 OF 2002)
This guideline provides detailed instructions for applicants seeking a mining right under the Mineral and Petroleum Resources Development Act, 2002. It outlines the mandatory requirements for compiling an Environmental Impact Assessment (EIA) and an Environmental Management Programme (EMP) to ensure that mining operations do not result in unacceptable pollution, ecological degradation, or environmental damage.
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Document type: Guide
expert-affidavit-karen-king-cd5e3c48dbd9bbc1.pdf
This document is an affidavit by Karen King, a professional hydrologist and soil scientist, submitted to the High Court of South Africa Gauteng Division. King confirms her professional qualifications and her role in co-authoring a review of the proposed Yzermyn Colliery in Mpumalanga.
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Document type: Statement
letter-signed-dhom-to-centre-for-environmental-rights-re-xolobeni-issu-5b6efc7d1bf2005b.pdf
A letter from the Australian High Commission in Pretoria to the Centre for Environmental Rights regarding Mineral Commodities Ltd’s (MRC) proposed titanium mine in Xolobeni, South Africa.
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Document type: Statement
libradene-judgement-case-2005-29663-060f459f6508ce7d.pdf
This document is a legal judgement from the High Court of South Africa (North Gauteng Local Division) regarding a case brought by the Libradene Residents Association against the Minister of Mineral Resources and others. The residents sought to stop mining activities in the Libradene area, arguing that the mining was unlawful, caused significant environmental and structural damage to their properties, and violated their constitutional rights to a healthy environment and property. The court examined the validity of mining rights granted under the Minerals Act of 1991 and the subsequent Mineral and Petroleum Resources Development Act (MPRDA) of 2002, ultimately focusing on whether the mining operations complied with legal requirements and environmental regulations.
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Document type: Case study