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Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023
The Centre for Environmental Rights (CER) provides detailed comments on the proposed National Water Amendment Bill, focusing on the protection of water source areas, the integration of climate change resilience, and the strengthening of public participation and enforcement mechanisms in water licensing.
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Document type: Statement
1.2-annexures-2-78fa702fbab040ea.pdf
This document consists of a series of legal submissions, correspondence, and technical reports related to an appeal against the granting of a mining right to William Patrick Bower (Pty) Ltd (WPB) for a coal mine near Belfast, Mpumalanga. The materials include a hydrogeochemical study on acid mine drainage (AMD) and decant management, a responding statement from BirdLife South Africa (represented by the Centre for Environmental Rights), and an internal appeal from the Escarpment Environment Protection Group (EEPOG). The central disputes concern procedural unfairness in the consultation process, the inadequacy of environmental impact assessments—specifically regarding biodiversity and water quality—and the lack of a sustainable mine closure plan.
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Document type: Report
2-cc55912e4e35173b.pdf
This legal document, submitted by the Centre for Environmental Rights (CER) on behalf of a Coalition, challenges the rezoning of the Yzermyn 96 HT farm from agricultural to mining purposes. The document details the environmental sensitivity of the Wakkerstroom area, the potential for irreparable harm to water resources and biodiversity, and the limited socio-economic benefits of the proposed Atha coal mine compared to the risks to local subsistence farmers and the eco-tourism economy.
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Document type: Report
2011-ifp-van-der-merwe-q1578-water-crisis-in-dukuduku-and-st-lucia-kzn-as-well-as-departmental-attempts-to-address-the-matter-d20472eb60a3aed9.pdf
This document is a draft written reply from the South African Minister of Water and Environmental Affairs to a National Assembly question (No. 1578) posed by Mr J H van der Merwe (IFP) regarding water shortages in the Dukuduku and St Lucia areas of KwaZulu-Natal.
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Document type: Briefing
3-a9158291516a512d.pdf
This document is a legal affidavit and supporting evidence filed by the Centre for Environmental Rights (CER) on behalf of a coalition of environmental organisations. It seeks the review and setting aside of decisions made by a Municipal Planning Tribunal and a Municipal Appeal Authority regarding a land-use change application by Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine. The applicants argue that the decisions were irrational, procedurally unfair, and failed to consider the strategic environmental and hydrological significance of the area, specifically its location within a Strategic Water Source Area (SWSA) and the Mabola Protected Environment.
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Document type: Report
3.2-annexures-a7cd5f38edf0c1c1.pdf
This document consists of a series of legal statements, permissions, and correspondence regarding the Yzermyn underground coal mine project in Mpumalanga, South Africa. It includes a formal permission from the Ministers of Environmental Affairs and Mineral Resources for Atha-Africa Ventures (Pty) Ltd to mine within the Mabola Protected Environment, a land use approval from the Dr Pixley ka Isaka Seme Local Municipality, and a detailed statement of grounds for appeal filed by a coalition of environmental organisations. The appeal argues that the project is 'fatally flawed' due to its potential for irreversible damage to critical biodiversity, wetlands, and water resources, and claims that the socio-economic benefits to local communities were overestimated.
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Document type: Statement
5-f4c76b48d4628256.pdf
This report identifies and maps National Strategic Water Source Areas (SWSAs) across South Africa, Lesotho, and Swaziland, defining them as areas that supply a disproportionate amount of mean annual runoff relative to their land area. The document evaluates the ecological condition, protection levels, and threats to these areas—including land cover modification and mining—while also providing an Environmental and Social Impact Assessment (ESIA) for the proposed Yzermyn Underground Coal Mine in Mpumalanga.
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Document type: Report
8-0e1aeb0cd51fd598.pdf
The document contains a strategic plan for expanding protected areas in Mpumalanga province from 2009 to 2028, alongside legal correspondence and objections regarding a proposed coal mine by Atha-Africa Ventures (Pty) Ltd on Portion 1 of the farm Yzermyn 96 HT. The strategy prioritizes the Grassland Biome for conservation, while the legal disputes center on the environmental risks to the Mabola Protected Environment and the alleged failure of the mining application to follow the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Report
9-049d4dd440ba8aa7.pdf
The document consists of a series of legal and administrative records regarding a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga, South Africa. The application, submitted by Atha-Africa Ventures (Pty) Ltd, sought to rezone the land from agricultural to 'special' use to allow for mining and related activities. The process involved multiple objections from environmental organizations and landowners, a dismissal by a local planning tribunal based on a lack of locus standi, a subsequent appeal, and a final approval by the Gert Sibande District Municipal Planning Tribunal on 29 April 2019.
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Document type: Report
affidavit-david-le-maitre-ff35c9ae2d594182.pdf
This document is an affidavit by David Carlyle Le Maitre, a principal researcher at the Council for Scientific and Industrial Research (CSIR), submitted to the Water Tribunal. It provides expert testimony on the identification and importance of Strategic Water Source Areas (SWSAs) in South Africa, specifically addressing the impact of the proposed Yzermyn underground coal mine on the Enkangala Drakensberg surface water SWSA.
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Document type: Statement
annexure-9-4aea90f86e7d7da0.pdf
The Mpumalanga Tourism and Parks Agency (MTPA) submitted a formal objection to the proposed Yzermyn underground coal mine project by Atha-Africa Ventures (Pty) Ltd, arguing that the project is illegal and environmentally devastating due to its location within protected biodiversity areas.
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Document type: Statement
annexure-ww1-a0adf528d3d0551f.pdf
This document consists of a series of letters and annexures sent between April and August 2020 by the South African Water Caucus (SAWC), represented by the Centre for Environmental Rights, to various South African government officials. The correspondence urgently requests the provision of water tanks, reliable water supply, and sanitation packs for numerous communities across South Africa that lack basic water access, highlighting the increased health risks during the COVID-19 pandemic.
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Document type: Statement
APPELLANTS’ HEADS OF ARGUMENT IN THE APPEAL IN TERMS OF SECTION 149 OF THE NATIONAL WATER ACT NO. 36 OF 1998
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.
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Document type: Report
APPELLANTS’ RESPONDING STATEMENT, IN TERMS OF REGULATION 74(8) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004, TO ATHA-AFRICA VENTURES (PTY) LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of eight appellants, challenges the Department of Mineral Resources' (DMR) approval of the Environmental Management Programme (EMPR) for Atha-Africa Ventures (Pty) Ltd's proposed Yzermyn mine. The appellants argue that the approved EMPR authorizes an environmentally destructive discard dump, ignores extensive government conservation policies for the area, and contains woefully inadequate financial provisions for rehabilitation.
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Document type: Statement
APPLICANTS’ HEADS OF ARGUMENT
The document contains the applicants' heads of argument in a legal matter before the High Court of South Africa, Mpumalanga Division. A coalition of seven non-profit organisations seeks the review and setting aside of a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs to exclude four properties from the Mabola Protected Environment to facilitate the construction of an underground coal mine by Uthaka Energy (Pty) Ltd.
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Document type: Report
DEVELOPMENT, HEALTH AND WELL-BEING DEPEND ON WATER
This guide by the Centre for Environmental Rights outlines the critical importance of South Africa's 22 water source areas (WSAs), which provide 50% of the country's surface run-off despite covering only 8% of the land. The document details the threats facing these areas—including mining, agriculture, and climate change—and proposes a 'legal toolbox' of statutory mechanisms to protect these essential ecological infrastructures.
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Document type: Guide
LIMPOPO COAL COMPANY – MAPUNGUBWE
This case study details the legal challenges brought by a coalition of environmental and civil society organizations against Limpopo Coal (Pty) Ltd, a subsidiary of Coal of Africa (CoAL), regarding the establishment of the Vele colliery in Musina, Limpopo Province. The challenges span four distinct legal processes involving mining rights, environmental management programmes (EMP), water use licences (WUL), and compliance with nature reserve protections.
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Document type: Case study
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
pml1-007d50867763ea55.pdf
A notice of appeal filed on 30 March 2015 by eight environmental organisations, represented by the Centre for Environmental Rights (CER), challenging the grant of mining right MP30/5/1/2/2/1/0069MR to Atha-Africa Ventures (Pty) Ltd (AAV). The appeal seeks to set aside and suspend the right for the proposed Yzermyn underground coal mine, arguing that the grant is unlawful and irrational given the area's extreme environmental sensitivity, its status as a protected environment, and the lack of required ministerial consent.
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Document type: Statement
pml4-13ba55606d55ab3e.pdf
An email from Glenn Ramke of the Endangered Wildlife Trust (EWT) to WSP Environmental (Pty) Ltd providing comments and objections regarding the proposed Yzermyn Underground Coal Mine.
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Document type: Statement