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MASHALA – FERREIRA MINE, ERMELO
This case study examines the legal and environmental disputes surrounding the Ferreira mine (also known as the Penumbra mine), operated by Mashala Resources (Pty) Ltd in Ermelo, Mpumalanga. The document details allegations of illegal mining, failure to obtain necessary water and environmental licenses, and the provision of misleading information in regulatory applications, alongside conflicts over land access and compensation for adjacent landowners.
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Document type: Case study
MEEPO v KOTZE 2008 (1) SA 104 (NC)
This case study examines the legal dispute between Meepo and Kotze regarding access to land for diamond prospecting under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). The court focused on the timing and nature of consultation between prospecting rights holders and landowners, establishing that consultation must occur after a right is granted to balance the conflicting property and mineral rights of the parties.
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Document type: Case study
A GUIDELINE FOR A MINING WORK PROGRAMME TO BE SUBMITTED FOR 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 specifies the required components of a mining work programme, emphasizing that the document must be a consolidated record rather than a series of references to other annexures. The primary purpose of the programme is to provide a technically and financially justified basis for a 10-year cash flow forecast, which the Minister uses to determine if a mineral can be mined optimally and if the applicant possesses the necessary financial and technical capabilities.
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Document type: Guide
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
NEW HERIOT GOLD MINING COMPANY LIMITED v UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415
This case study examines the 1916 legal precedent New Heriot Gold Mining Company Limited v Union Government, which addressed the liability of a state railway for flooding a mine due to negligent infrastructure management.
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Document type: Case study
nick-helme-supporting-expert-affidavit-6b249e74aed5fed0.pdf
This document is a supporting expert affidavit and accompanying specialist botanical input statement by Nicholas Helme, a botanical consultant, submitted in a legal matter involving the Centre for Environmental Rights (CER) and several respondents, including the South African Minister of Environment, Forestry and Fisheries. Helme argues that the environmental impact assessments for the MSR Tormin mining extension were flawed due to inadequate botanical surveys, leading to an understatement of the area's botanical sensitivity and a failure to apply the precautionary principle.
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Document type: Statement
Atha Answering Affidavit - Part 2.pdf
This document consists of a series of panel reports, official letters, and motivations regarding the declaration of protected environments in Mpumalanga, South Africa, and the subsequent conflict with mining interests held by Atha-Africa Ventures (Pty) Ltd (AAV). It details the administrative process of declaring the Mabola Protected Environment (MPE), the expansion of the Kwamandlangampisi Protected Environment (KPE), and the declaration of the Tafelkop Nature Reserve (TPNR), while addressing objections from local communities and AAV regarding socio-economic impacts and mining rights.
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Document type: Report
pml12-fc1807e382e45450.pdf
A letter from the Republic of South Africa's Department of Water and Sanitation to the Centre for Environmental Rights regarding a water use licence application for the Yzermyn Mine in the Mabola Protected Environment.
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Document type: Statement
HEADS OF ARGUMENT ON BEHALF OF THE 1 ST , 2ND AND 5TH RESPONDENTS
This document contains the heads of argument submitted on behalf of the Minister of Environmental Affairs, the Minister of Mineral Resources, and the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province. The respondents oppose a judicial review application brought by several environmental organisations seeking to set aside the written permission granted to Atha Africa (Pty) Ltd to conduct underground mining within the Mabola Protected Environment (MPE). The respondents argue that the decision-making process was procedurally fair, that they were entitled to rely on interrelated statutory authorisation processes to avoid duplication, and that the permission was granted subject to stringent environmental and social conditions.
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Document type: Briefing
supporting-affidavit-2-merle-sowman-8a4a8a06f57f4be6.pdf
This supporting expert affidavit, submitted by Associate Professor Merle Sowman, argues that the Environmental Impact Assessment (EIA) for the proposed extension of the Tormin Mine by Mineral Sands Resources (Pty) Ltd (MSR) failed to adequately assess cumulative environmental and socio-economic impacts. Sowman contends that assessing applications on an ad hoc basis ignores the broader scale of MSR's regional mining plans and calls for a Strategic Environmental Assessment (SEA) to prevent irreversible damage to critical biodiversity areas and sensitive coastal ecosystems.
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Document type: Statement
tendele_heads-of-argument_application-for-leave-to-appeal-9e8a521160fcb459.pdf
This document contains the heads of argument for an application for leave to appeal a High Court decision regarding the legality of mining operations conducted by Tendele Coal Mining (Pty) Limited. The applicants argue that the mining company failed to obtain necessary environmental authorizations under the National Environmental Management Act (NEMA), violated town planning legislation for new mining areas, operated without a required waste management license, and unlawfully relocated traditional graves.
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Document type: Briefing
the-voice-memorandum-of-grievances-26.7.2018-16bf5c2554f24999.pdf
The Voice Community Representative Council, an NPO representing communities in the Dr. Pixley Ka Isaka Seme Municipality, issued a memorandum of grievances to the Centre for Environmental Rights (CER) on July 26, 2018. The document accuses CER and its coalition of using environmental protection as a pretext to block the Yzermyn mining project by Atha Africa Ventures, thereby perpetuating economic and racial inequality and poverty for the local black community.
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Document type: Statement
TROLLOPE MINING SERVICES - ELANDSKLOOF
This case study details a legal appeal by landowners of the farm Elandskloof against a coal prospecting right granted to Trollope Mining Services 2000 (Pty) Ltd. The document highlights systemic failures in the consultation process, the inadequacy of the Environmental Management Plan (EMP), and the failure of the Department of Minerals and Energy (DME) to ensure procedural and substantive compliance with the Mineral and Petroleum Resources Development Act (MPRDA).
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Document type: Case study
WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS
This guide, published by the Centre for Environmental Rights, provides instructions for individuals and communities in South Africa on how to identify environmental crimes committed by mining companies and the process for reporting these offences to the South African Police Service (SAPS) for criminal prosecution.
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Document type: Guide
XSTRATA – VERKEERDEPAN EXTENSION
This case study examines the granting of a mining right and Environmental Management Programme (EMP) to Xstrata South Africa (Pty) Ltd for land in the Carolina magisterial district of Mpumalanga Province, highlighting failures in public consultation and the disregard for environmental sensitivities.
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Document type: Case study
zo-21-79b26b675d8a9e13.pdf
A letter from the law firm Webber Wentzel, acting on behalf of the Centre for Environmental Rights, requesting the Record of Decision (ROD) from the Department of Mineral Resources and Energy (DMRE) regarding an appeal to extend mining operations at the Tormin mine on the West Coast.
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Document type: Statement
zo-28-4f6f70490b0133ea.pdf
This research paper examines the legal framework and practical application of environmental authorizations for mining activities in South Africa, specifically focusing on the Mineral and Petroleum Resources Development Act (MPRDA) and the National Environmental Management Act (NEMA). The author argues that the current system of 'environmental authorizations' is often treated as a mere formality rather than a substantive tool for sustainable development, leading to inadequate environmental protection and a failure to properly integrate social and environmental costs into mining operations.
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Document type: Research paper
zo-37-part-2-2265a088f6acf652.pdf
This terrestrial ecology EIA report, produced by Simon Todd Consulting in June 2017, assesses the ecological impacts of expanding the Tormin mineral sands mine operated by MSR. The project involves expanding beach mining across ten discrete beaches and implementing inland strip mining on farm Geelwal Karoo 262, alongside infrastructure expansions including a Mineral Separation Plant and a 22 kV powerline.
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Document type: Report
zo-41-9f1d004e7669e639.pdf
This guide outlines the criteria and risk assessments for mining activities within high-importance biodiversity priority areas. It establishes a rigorous set of filters and a risk-averse approach to determine if mining is an optimal land use compared to the preservation of critical ecosystems and water resources.
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Document type: Guide
zo-5-expert-affidavit-of-nick-helme-ea6d2b3c9b16a9f0.pdf
This document consists of an expert affidavit and a supporting statement by botanical consultant Nick Helme, provided to the Centre for Environmental Rights (CER). Helme critiques the environmental impact assessments for the expansion of the Tormin Mine, arguing that the failure to conduct site visits during the optimum spring flowering season led to an underestimation of the botanical sensitivity and the presence of Species of Conservation Concern (SCC) in the development footprints.
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Document type: Statement