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EXPERT ANALYSIS OF THE AIR QUALITY IMPACTS AND HEALTH EFFECTS DUE TO THE EMISSIONS FROM ESKOM’S KENDAL POWER STATION
The Centre for Environmental Rights (CER) submitted a statement to the Minister of Environment, Forestry and Fisheries on 28 April 2020, providing expert analysis of air quality and health impacts resulting from emissions at Eskom's Kendal power station. The document presents findings from two expert reports by Dr Ron Sahu and Dr Andrew Gray, highlighting significant exceedances of particulate matter (PM) limits and associated premature deaths and health risks in the Highveld Priority Area.
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Document type: Statement
COMMENTS ON THE CLIMATE CHANGE BILL, 2018
The Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted detailed comments on the Climate Change Bill, 2018. The CER argues that the Bill focuses too heavily on government bureaucracy and fails to address the urgency of the climate crisis or provide sufficient mechanisms for holding emitters accountable. Key recommendations include setting a strict, legally binding emissions trajectory aligned with the Paris Agreement, ensuring full public disclosure of carbon budgets and GHG reports, and establishing independent oversight and appeals bodies.
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Document type: Statement
RELEVANT INFORMATION ON THE COAL INDEPENDENT POWER PRODUCERS (IPPS)
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs on May 22, 2018, opposing the approval of coal-fired Independent Power Producers (IPPs), specifically Thabametsi and Khanyisa. The CER argues that these projects are unnecessary, economically damaging, and environmentally catastrophic, citing high greenhouse gas emissions, water scarcity, and air pollution in priority areas.
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Document type: Statement
RELEVANT INFORMATION IN RELATION TO THE DRAFT INTEGRATED RESOURCE PLAN FOR ELECTRICITY UPDATE & THE DRAFT INTEGRATED ENERGY PLAN
The Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted a formal statement to the Portfolio Committee on Energy on 29 November 2017. The document outlines critical concerns regarding the lack of transparency, inadequate public consultation, and the omission of key economic and environmental data in the development of South Africa's draft Integrated Resource Plan (IRP) for Electricity Update and the draft Integrated Energy Plan (IEP).
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME AND THE PROPOSED KIPOWER COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), representing Earthlife Africa Johannesburg and groundWork, submitted a letter to the IPP Office of the Department of Energy on 15 September 2017. The letter provides updates on legal and environmental challenges facing three proposed coal-fired power stations: Thabametsi, Khanyisa, and KiPower. The CER argues that these projects fail to meet the legal qualification criteria for financial close or preferred bidder status due to missing climate change impact assessments (CCIA) and pending disputes over environmental and water licenses.
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Document type: Statement
INDEPENDENT REVIEW OF DECISIONS BY THE DEPARTMENT OF WATER AND SANITATION TO ISSUE A WATER USE LICENSE TO KIPOWER (PTY) LTD, MPUMALANGA PROVINCE
An independent review finds that the Water Use License issued to KiPower (Pty) Ltd by the South African Department of Water and Sanitation is legally and technically flawed. The review concludes that the DWS failed to correctly identify and authorise necessary water uses, provided incorrect property and location data, and included compliance specifications that are largely invalid or unmeasurable. Furthermore, the DWS is accused of ignoring critical resource quality objectives for the Wilge River and attempting to shift historic mining remediation liabilities to KiPower, rendering the decision to issue the license unreasonable and an error in law.
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Document type: Report
RECORD OF RECOMMENDATION: INTEGRATED WATER USE LICENCE FOR KIPOWER IPP COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), acting on behalf of groundWork, is requesting clarification from the Department of Water and Sanitation regarding the "minimum requirements" used to recommend the issuance of an integrated water use licence (IWUL) for the proposed 600MW KiPower coal-fired power station near Delmas, Mpumalanga.
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Document type: Statement
The proposed KiPower IPP
This case study details legal challenges brought by groundWork and the Centre for Environmental Rights (CER) against the environmental and water authorizations granted for the proposed KiPower coal-fired power station in South Africa.
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Document type: Case study
ENVIRONMENTAL AUTHORISATION ISSUED IN RESPECT OF THE PROPOSED CONSTRUCTION OF A 600MW COAL-FIRED INDEPENDENT POWER PLANT (IPP) AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LIMITED SOUTH AFRICA NEAR DELMAS, IN MPUMALANGA
The Centre for Environmental Rights (CER) is challenging the South African Minister of Environmental Affairs' decision to authorize a 600MW coal-fired power plant for KiPower (Pty) Limited near Delmas, Mpumalanga. Citing the 'Thabametsi judgment', the CER argues that the law requires a comprehensive climate change impact assessment—covering GHG emissions, water scarcity, and social costs—before such authorization is granted. The CER has proposed a legal settlement to require this assessment and set aside the previous decision.
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Document type: Statement
APPELLANT’S ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 GN R543, IN RESPECT OF THE APPEAL AGAINST THE AUTHORISATION FOR THE ESTABLISHMENT OF A 600 MEGAWATT (MW) COAL FIRED INDEPENDENT POWER PLANT (IPP) AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LTD NEAR DELMAS, IN MPUMALANGA PROVINCE
The Centre for Environmental Rights submitted an Answering Statement on 4 March 2016 on behalf of groundWork to appeal the authorisation of a 600 MW coal-fired power plant for KiPower (Pty) Ltd near Delmas, Mpumalanga. The submission was four days late, and a request for condonation was included.
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Document type: Statement
APPELLANT’S ANSWERING STATEMENT IN TERMS OF REGULATION 63(2) (b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 GN R543 IN GG 33306
This Answering Statement, filed by groundWork through the Centre for Environmental Rights, challenges the environmental authorisation granted to Kuyasa Mining (Pty) Ltd for a 600 MW coal-fired power plant near Delmas, Mpumalanga. The Appellant argues that the Environmental Assessment Practitioner (EAP) lacked independence, the project's location in a Highveld Priority Area hotspot will exacerbate air pollution, and the environmental impact assessment failed to adequately address climate change and water scarcity.
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Document type: Statement
RESPONDING STATEMENT TO THE APPEAL SUBMITTED BY THE CENTRE FOR ENVIRONMENTAL RIGHTS (CER) INTEGRATED ENVIRONMENTAL AUTHORISATION IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998: GN R543/544/545/546 AND THE NATIONAL ENVIRONMENTAL: WASTE ACT, 2008: GN 718 : THE CONSTRUCTION OF A 600MW INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LTD NEAR DELMAS, MPUMALANGA PROVINCE
This document is a responding statement submitted by Jones & Wagener (on behalf of Kuyasa Mining and KiPower) to the Department of Environmental Affairs (DEA). It addresses an appeal by the Centre for Environmental Rights (CER) against the granting of an integrated environmental authorisation for a 600MW coal-fired independent power plant near Delmas, Mpumalanga. The statement denies allegations that the project violates NEMA principles or environmental laws, arguing that the project aligns with the Department of Energy's Integrated Resource Plan (IRP) and employs Circulating Fluidised Bed (CFB) technology to mitigate pollutants.
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Document type: Statement
Comments on the Final Integrated Water Use Licence Application Report for KiPower’s proposed construction of a 600 Megawatt (MW) Independent Power Producer Coal-fired Power Station
The Centre for Environmental Rights (CER) submitted objections to the Final Integrated Water Use Licence Application (IWULA) for KiPower's proposed 600 MW coal-fired power station in Delmas, Mpumalanga. The CER and expert reviewers argue the application is fatally flawed, citing incorrect legal classifications of water use, insufficient groundwater baseline data, failure to address public concerns, and a lack of adequate monitoring and mitigation strategies. They recommend the application be rejected.
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Document type: Statement
Comments on the Integrated Water Use Licence Application Report for KiPower’s proposed construction of a 600 Megawatt (MW) Independent Power Producer Coal-fired Power Station
This document consists of a formal submission by the Centre for Environmental Rights (CER) and an accompanying independent peer review by Carin Bosman Sustainable Solutions (CBSS). It critiques the Integrated Water Use Licence Application (IWULA) Report prepared by Jones and Wagner for KiPower's proposed 600 MW coal-fired power station in Mpumalanga, South Africa. The CER and CBSS conclude that the IWULA is 'Inadequate' due to significant procedural and substantive failures, including the absence of a practical Integrated Water and Waste Management Plan (IWWMP) Action Plan and a failure to adequately assess impacts on groundwater and other water users.
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Document type: Report
COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2013 [B15-2013]
The Centre for Environmental Rights (CER) submitted comments to the Portfolio Committee on Mineral Resources regarding the Mineral and Petroleum Resources Development Amendment Bill, 2013. The CER criticizes the Department of Mineral Resources (DMR) for failing to meaningfully consult civil society and mining-affected communities, identifies numerous drafting errors in the Bill, and provides detailed legal objections to proposed changes concerning environmental authorizations, penalty regimes, and the granting of mining rights.
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Document type: Statement
annexure-d-ror-d47cdf091deca383.pdf
This Record of Recommendation (RoR), dated 25 January 2017, provides the assessment by the South African Department of Water and Sanitation regarding an Integrated Water Use Licence Application (IWULA) for a 600 MW coal-fired power plant proposed by KiPower (Pty) Ltd near Delmas, Mpumalanga.
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Document type: Report
KM_C554e-20151021093225
The Department of Environmental Affairs of South Africa has granted an integrated environmental authorisation to Kuyasa Mining (Pty) Ltd on behalf of KiPower (Pty) Ltd for the construction of a 600MW coal-fired independent power plant and associated infrastructure near Delmas in the Mpumalanga Province.
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Document type: Statement
KM_C554e-20161108171824
The Minister of Environmental Affairs of South Africa dismissed an appeal lodged by the Centre for Environmental Rights and other organizations against the granting of an Environmental Authorisation (EA) to Kuyasa Mining (Pty) Ltd on behalf of KiPower (Pty) Ltd. The EA permitted the construction of a 600MW coal-fired independent power plant and associated infrastructure in the Victor Khanye Local Municipality, Mpumalanga Province.
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Document type: Report