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APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY
This document contains legal submissions by a coalition of eight environmental organisations, represented by the Centre for Environmental Rights, appealing a decision by the Gert Sibande District Joint Municipal Planning Tribunal. The appeal seeks to revoke the approval of a land-use change application by Atha-Africa Ventures (Pty) Ltd to enable the construction of the Yzermyn Underground Coal Mine on Portion 1 of the farm Yzermyn 96 HT, arguing that the decision is unlawful, environmentally catastrophic, and contrary to national water security interests.
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Document type: Report
NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)
A notice of appeal filed on 3 July 2019 by a coalition of eight civil society and community non-profit organisations, represented by the Centre for Environmental Rights (CER), challenging the decision of the Gert Sibande District Municipal Planning Tribunal to approve a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga Province.
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Document type: Statement
APPLICATION FOR CHANGE IN LAND-USE IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA
The Centre for Environmental Rights (CER) is challenging the approval of a land-use change for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga. The CER argues that the approval by the Gert Sibande Joint Municipal Planning Tribunal is invalid because a previous decision by the Dr Pixley Ka Isaka Seme Local Municipality Joint Municipal Planning Tribunal to dismiss the application remains legally binding.
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Document type: Statement
APPLICATION FOR CHANGE IN LAND-USE (IN TERMS OF REGULATION 18 OF THE SPLUM REGULATIONS), IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA
The Centre for Environmental Rights (CER) wrote to the Municipal Manager of the Dr Pixley Ka Isaka Seme Local Municipality on 15 March 2019 to request the status of a land-use change application for Portion 1 of Yzermyn 96 HT, following reports that a previous outcome was communicated erroneously.
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Document type: Statement
PETITION TO BE GRANTED INTERVENER STATUS IN RE: APPEAL BY THE PRACTICE GROUP (PTY) LTD (ON BEHALF OF ATHA VENTURES AFRICA (PTY) LTD) AGAINST THE DECISION OF THE JOINT MUNICIPAL PLANNING TRIBUNAL SITTING IN THE APPLICATION FOR CHANGE IN LAND-USE (IN TERMS OF REGULATION 18 OF THE SPLUM REGULATIONS) IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA
A petition submitted by eight civil society organisations, represented by the Centre for Environmental Rights (CER), seeking intervener status in an appeal by the Practice Group (Pty) Ltd on behalf of Atha-Africa Ventures (Pty) Ltd. The appeal concerns a land-use change application for Portion 1 of Yzermyn 96 HT in the Dr Pixley Ka Isaka Seme Local Municipality, Mpumalanga, to transition the land from agriculture to mining.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
The Centre for Environmental Rights (CER) submitted a response on 16 July 2018 to the Dr Pixley Ka Isaka Seme Local Municipality, reiterating objections to a land-use change application for a proposed mine. The CER argues that the subject property is a high-priority conservation area and that the Municipality has the legal authority and obligation under the Spatial Planning and Land Use Management Act (SPLUMA) to consider environmental and water impacts, despite claims to the contrary by the applicant's agent.
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Document type: Statement
APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA)
This document is a formal response from a land development applicant, submitted by Peter Dacomb of The Practice Group, to the Dr Pixley Ka Isaka Seme Local Municipality. The response addresses various objections and letters of support regarding an application to change the land use of Portion 1 of the farm Yzermyn 96 HT from agricultural to mining and related purposes under the Spatial Planning and Land Use Management Act, 2013 (SPLUMA) and the 2016 Municipal By-law.
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Document type: Statement
APPLICANTS’ HEADS OF ARGUMENT
This document contains the applicants' heads of argument in a legal application to review and set aside decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to grant Atha-Africa Ventures (Pty) Ltd permission to conduct commercial coal mining in the Mabola Protected Environment (MPE) in Mpumalanga, South Africa.
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Document type: Report
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the proposed Yzermyn Underground Coal Mine.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the Yzermyn Underground Coal Mine. The objectors argue that the project would cause irreparable harm to a strategic water source area, threaten biodiversity in the Mabola Protected Environment, and negatively impact vulnerable local communities, while failing to comply with municipal spatial development frameworks and national interest requirements under the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Statement
APPELLANTS’ SUBMISSIONS IN THE APPEAL ON 15 TO 17 AUGUST 2017
This document contains the legal and technical submissions made by a coalition of eight appellants (including Earthlife Africa Johannesburg and BirdLife South Africa) on August 14, 2017, appealing an environmental authorisation (EA) granted to Atha-Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine in Mpumalanga, South Africa.
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Document type: Report
REQUEST FOR NOTIFICATION OF APPLICATIONS FOR LAND-USE CHANGE IN RESPECT OF THE PROPERTIES: PORTION 1 OF YZERMYN 96 HT, GOEDGEVONDEN 95 HT, KROMHOEK 93 HT AND ZOETFONTEIN 94 HT
A letter from the Centre for Environmental Rights to the Dr Pixley Ka Isaka Seme Local Municipality requesting notification of any land-use change applications for properties linked to a proposed underground coal mining operation by Atha-Africa Ventures (Pty) Ltd.
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER) submitted a formal statement to the Dr Pixley Ka Isaka Seme Local Municipality challenging a land use application for Portion 1 of the Farm Yzermyn 96 HT. The CER argues that the application for rezoning is legally flawed because no town-planning scheme exists for the area, and that the process has failed to meet statutory requirements for public notice and inspection.
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER), representing several environmental and community organizations, submitted a formal objection to a rezoning application for Portion 1 of the farm Yzermyn 96 HT. The CER argues that the public notice for the rezoning was legally deficient and that the Dr Pixley Ka Isaka Seme Local Municipality failed to provide access to the application documents, hindering the clients' ability to submit detailed objections.
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Document type: Statement
NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002
This document is a formal notice of appeal filed on 30 March 2015 by eight environmental organisations, represented by the Centre for Environmental Rights, against the granting of mining right MP30/5/1/2/2/1/0069MR to Atha-Africa Ventures (Pty) Ltd (AAV). The appeal seeks to set aside the right and suspend its operation, arguing that the proposed Yzermyn underground coal mine is located in the Mabola Protected Environment and the Wakkerstroom Wetlands Area, regions of irreplaceable biodiversity and critical hydrological importance.
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Document type: Statement
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
6-9bf69c53679fa3d1.pdf
This report presents the Environmental Management Framework (EMF) and Strategic Environmental Management Plan (SEMP) for the Dr Pixley Ka Isaka Seme Local Municipality (PKISLM) in Mpumalanga, South Africa. Developed by SRK Consulting and BKS, the document provides a spatial and descriptive analysis of the region's environmental attributes—including biodiversity, water resources, and geology—to guide sustainable land-use planning and decision-making. It integrates legal frameworks, stakeholder recommendations, and socio-economic data to establish environmental management zones that balance development with the conservation of critical ecosystems, particularly the grassland biome and various wetland systems.
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Document type: Report
7-e3681c85ab0a5935.pdf
This document consists of two primary components: an Environmental Management Framework (EMF) and a Spatial Development Framework (SDF) for the Dr Pixley Ka Isaka Seme Local Municipality (PKISLM). The EMF establishes seven Environmental Management Zones (EMZs) to guide sustainable development by identifying preferred and undesirable land uses based on environmental sensitivities. The SDF provides broad spatial policy guidelines to manage regional growth, balancing economic development—particularly in agriculture, trade, and community services—with the conservation of critical grasslands and wetlands.
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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