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This document contains the Appellants' Heads of Argument filed by the Centre for Environmental Rights on behalf of the Endangered Wildlife Trust and the Federation for a Sustainable Environment. The appeal, brought under section 149 of the National Water Act (NWA), challenges a Water Tribunal decision that dismissed an appeal against the granting of a water use licence (WUL) to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn Underground Coal Mine. The appellants argue that the Water Tribunal erred on several questions of law, including the failure to consider the strategic importance of the mine area, the absence of landowner consent, the misapplication of the precautionary principle, the lack of post-closure water treatment provisions, and the misapprehension of the burden of proof regarding socio-economic impacts.

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.