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APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015
This document is an appeal submitted by Earthlife Africa Johannesburg on 11 May 2015 to the Minister of Environmental Affairs. The appeal challenges the environmental authorisation granted on 25 February 2015 to Newshelf 1282 (Pty) Limited for the construction of the 1200 megawatt (MW) coal-fired Thabametsi power station near Lephalale in the Limpopo Province. The appellant argues that the decision was unlawful, failed to consider critical air quality and water scarcity issues, ignored climate change obligations, and violated the Promotion of Administrative Justice Act (PAJA).
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 NATIONAL ENVIRONEMNTAL MANAGEMENT ACT, 1998 AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED TO NEWSHELF 1282 (PTY) LTD FOR THE ESTABLISHMENT OF A 1200MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE – IPP THABAMETSI POWER STATION NEAR LEPHALALE, LIMPOPO PROVINCE
This document is a formal letter from the Centre for Environmental Rights, acting on behalf of Earthlife Africa, Johannesburg, submitting an appeal to the Minister of Environmental Affairs against the integrated environmental authorisation granted to Newshelf 1282 (Pty) Ltd for the construction of the 1200MW coal-fired Thabametsi Power Station near Lephalale, Limpopo Province.
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Document type: Statement
ESKOM’S APPLICATION FOR EXEMPTION FROM MINIMUM EMISSION STANDARDS AND POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS TIMEFRAMES FOR ESKOM POWER STATIONS COMMENTS ON THE BACKGROUND INFORMATION DOCUMENT
The Centre for Environmental Rights (CER), representing several community groups and NGOs, submitted comments on July 19, 2013, opposing Eskom's applications for exemptions and postponements regarding Minimum Emission Standards (MES). The CER argues that such applications are legally invalid because ambient air quality standards (AAQS) are already exceeded in the priority areas where most Eskom plants are located. The document highlights severe health risks, particularly from SO2 and mercury, and criticizes Eskom for failing to consider renewable energy alternatives or the decommissioning of worst-performing plants.
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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 1200MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE-IPP THABAMETSI POWER STATION NEAR LEPHALALE, LIMPOPO PROVINCE
The Centre for Environmental Rights submitted an Answering Statement on behalf of Earthlife Africa, Johannesburg, appealing the authorisation of the 1200MW coal-fired Thabametsi Power Station in Limpopo Province, South Africa. The submission responds to a statement by Newshelf 1282 (Pty) Limited and complies with the 2010 Environmental Impact Assessment Regulations.
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Document type: Statement
FOSSILIZED THINKING
This report by the Center for International Environmental Law (CIEL) critiques the World Bank's 3.75 billion dollar loan to Eskom Holding Limited for the Eskom Investment Support Project in South Africa. The authors argue that the Bank failed to comply with its own Operational Policy 10.04 (OP 10.04) by neglecting to fully quantify and incorporate environmental and social externalities—specifically regarding water scarcity, air quality, and transboundary impacts—into the project's Economic Evaluation, thereby overstating the project's net benefits.
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Document type: Report
2015-06-10-thabametsi-appeal-response-part-1-a761f743bf5219c0.pdf
This document is a responding statement submitted by Newshelf 1282 (Pty) Ltd (the Second Respondent) on behalf of the Centre for Environmental Rights (CER) and Earthlife Africa, Johannesburg (the Appellant). It addresses an appeal against the environmental authorisation (EA) granted by the Department of Environmental Affairs (DEA) for the construction of the 1200MW coal-fired Thabametsi power station.
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Document type: Statement
2015-06-10-thabametsi-appeal-response-part-2-f0ed1f6063c9ab7b.pdf
This document is a legal response submitted by NN Attorneys on behalf of Newshelf (the Second Respondent) on 10 June 2015, addressing an appeal against the Environmental Authorisation (EA) granted for the Thabametsi coal-fired power station project in South Africa. The response defends the project's compliance with the National Environmental Management Act (NEMA) and other regulations, arguing that the project is essential for national base-load energy security and that its environmental and health impacts have been sufficiently assessed and mitigated.
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Document type: Report
a2-7cfbd3ff4f16b34c.pdf
The document is an appeal decision by the Minister of Environmental Affairs of the Republic of South Africa regarding an amendment to the Environmental Authorisation (EA) for the Thabametsi Power Station. The project involves the establishment of a 1200MW coal-fired power station and associated infrastructure near Lephalale in the Limpopo Province. After considering an appeal lodged by Earthlife Africa Johannesburg (via the Centre for Environmental Rights), the Minister dismissed the appeal but amended several conditions of the EA to address typographical errors, clarity on water monitoring, and heritage resource requirements.
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Document type: Statement
a5-d4a0a2df5ee87c72.pdf
This document is the cover and introductory pages of an Integrated Water Use Licence Application Report dated July 2016 for the proposed Thabametsi Power Project, a coal-fired independent power producer (IPP) plant located near Lephalale in the Limpopo Province.
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Document type: Report
a7-bddb208750d57472.pdf
An update email from Nemai Consulting regarding the status of the Environmental Impact Assessment (EIA) for the proposed Mokolo Crocodile (West) Water Augmentation Project Phase 2.
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Document type: Briefing
annexure-4-nersa-ela-objections-pl-affidavit-feafd07df3b2d993.pdf
This affidavit, submitted by Earthlife Africa (ELA) to the National Energy Regulator of South Africa (NERSA), objects to the licensing of the proposed Thabametsi coal-fired power plant. ELA argues that the project is environmentally unsustainable, financially risky, and inconsistent with South Africa's legal obligations and international climate commitments under the Paris Agreement.
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Document type: Statement
annexure-8_rod-medupi-sept-20061-45785b3ada174203.pdf
The document is a Record of Decision (ROD) issued by the South African Department of Environmental Affairs and Tourism (DEAT) on September 21, 2006. It grants conditional authorization to Eskom Holdings Limited: Generation Division for the construction of a 4800MW coal-fired power station and associated infrastructure near Lephalale, while specifically excluding authorization for waste and ash disposal pending further investigation into alternatives.
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Document type: Statement
annexure-a-matimba-approval-letter-88777220dbcbe945.pdf
A letter from the South African Department of Environmental Affairs granting Eskom Holdings SOC Ltd a postponement for compliance with minimum emission standards for sulfur dioxide (SO2) at the Matimba Power Station.
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Document type: Statement
KM_C554e-20180131112205
The Minister of Environmental Affairs of South Africa issued a decision on 30 January 2018 to confirm the Environmental Authorisation (EA) for the construction of the 1200MW Thabametsi coal-fired power station. This decision followed a North Gauteng High Court order remitting the matter for reconsideration specifically regarding climate change and paleontological impact assessments.
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Document type: Statement
annexure-b-medupi-approval-letter-4ee9385bdcf5fb3e.pdf
The South African Department of Environmental Affairs granted Medupi Power Station a postponement for SO2 emission compliance for existing plants (limit of 3500 mg/Nm3) until 31 March 2020, while maintaining a 500 mg/Nm3 limit for new plants from 1 April 2020, with full compliance required by 1 April 2025.
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Document type: Statement
Medupi Flue Gas Desulphurisation: Technology Selection Study Report
The report recommends the installation of Wet FGD (WFGD) technology without a flue gas cooler for the Medupi Power Station in South Africa. While Dry FGD (CFB) uses less water, it is rejected due to 53% higher operating costs, 9% higher capital costs, and the requirement for high-quality lime sourced from the Northern Cape. WFGD is preferred for its higher efficiency on high-sulphur coals, its ability to use local lower-quality limestone to stimulate regional economic development in Lephalale, and its alignment with the Phase 2A water augmentation project.
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Document type: Report
annexures-1-f9f3564c86a643a7.pdf
This Climate Resilience Assessment (CRA), conducted by Environmental Resources Management Southern Africa Pty (Ltd) in January 2017, evaluates climate-related risks for the proposed 1,200 MW Thabametsi coal-fired power station in Lephalale, Limpopo Province, South Africa. The report identifies key vulnerabilities related to increasing temperatures, water scarcity, and extreme weather events, proposing adaptation measures to enhance the project's long-term resilience.
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Document type: Report
annexures-2-13e9b9427b46ae2d.pdf
This document consists of a public notification and a Greenhouse Gas (GHG) Assessment report for the proposed 1,200 MW Thabametsi Coal-Fired Power Station in Limpopo Province, South Africa. The report, prepared by Environmental Resources Management (ERM) in January 2017, evaluates the project's carbon footprint, benchmarks its efficiency against other plants, and assesses its alignment with South African climate policies. It concludes that while the project's GHG impact is 'Very Large' and 'High (Negative)', it is more efficient than some of the oldest coal plants it may displace.
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Document type: Report
cer-letter-to-ipp-unit-18-10-16-8b1d0f21e027627a.pdf
The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg (ELA), wrote to the Department of Energy on 18 October 2016 to question the appointment of Thabametsi Power Company (Pty) Limited as a preferred bidder for a coal-fired power station. The CER highlights a pending High Court review application regarding the project's environmental authorisation, specifically the failure to conduct a climate change impact assessment, and requests clarity on whether Thabametsi disclosed this legal challenge to the Department as required by the procurement criteria.
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Document type: Statement
Doc 1.4 c iv Update on MES commitments_Jun17.pdf
Eskom's June 2017 update reports progress on emission reduction retrofits at Grootvlei and Duvha power stations and a reduction in relative particulate emissions to 0.30 kg/MWhSO for FY2017. While generally compliant with postponed limits, Eskom is seeking further SO2 postponements for Matimba and Medupi stations. Additionally, a 30-house electricity pilot has begun in KwaZamokuhle as part of an air quality offset programme to transition households from coal to electricity.
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Document type: Briefing