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mec-annexure-bbb0f053aea3d0e7.pdf
A petition from The Voice Community Representative Council to the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga, requesting the removal of four specific farms from the Mabola Protected Environment (MPE) to allow for the development of the Yzermyn underground coal mine.
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Document type: Statement
Atha's Answering Affidavit Annexures (Part 1).pdf
The document consists of annexures to an answering affidavit regarding the Yzermyn Underground Coal Mine, including a water use license, ministerial permission to mine within the Mabola Protected Environment, and correspondence regarding the declaration of protected areas in Mpumalanga.
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Document type: Report
part-2-of-atha-africa-replying-submission-in-terms-of-regulation-747-of-the-mprda-regulations-8-august-2019-4e2322ae8658724c.pdf
This document is a replying submission by Atha-Africa, submitted on 12 April 2019, responding to an administrative appeal against the approval of the Environmental Management Programme (EMP) for the Yzermyn Project. The submission disputes the findings of a September 2013 NSS Report and a subsequent 'Brownlie Review,' arguing that updated specialist studies by Delta-H and Scientific Aquatic Services demonstrate that the project's environmental impacts—specifically regarding wetlands, groundwater, and biodiversity—are localized and can be effectively mitigated.
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Document type: Report
Atha Answering Affidavit - Part 2.pdf
This document consists of a series of panel reports, official letters, and motivations regarding the declaration of protected environments in Mpumalanga, South Africa, and the subsequent conflict with mining interests held by Atha-Africa Ventures (Pty) Ltd (AAV). It details the administrative process of declaring the Mabola Protected Environment (MPE), the expansion of the Kwamandlangampisi Protected Environment (KPE), and the declaration of the Tafelkop Nature Reserve (TPNR), while addressing objections from local communities and AAV regarding socio-economic impacts and mining rights.
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Document type: Report
pml10-24b9366a6adea683.pdf
A letter from the Centre for Environmental Rights (CER) to the Department of Environmental Affairs (DEA) requesting urgent information regarding a mining right granted to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn Underground Coal Mine within the Mabola Protected Environment.
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Document type: Statement
pml12-fc1807e382e45450.pdf
A letter from the Republic of South Africa's Department of Water and Sanitation to the Centre for Environmental Rights regarding a water use licence application for the Yzermyn Mine in the Mabola Protected Environment.
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Document type: Statement
pml16-41bad0a113eaf968.pdf
The Centre for Environmental Rights, representing eight civil society organisations, has appealed the grant of a coal mining right to Atha-Africa Ventures (Pty) Ltd in the Mabola Protected Environment. The appellants request the suspension of the mining right and ask the Minister of Mineral Resources not to grant written permission for commercial mining under NEMPAA, arguing that the area's environmental sensitivity makes coal mining detrimental and that proper legal permissions were not obtained.
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Document type: Statement
pml3-5528e044b82f4c9a.pdf
BirdLife South Africa submitted a formal objection on 5 April 2013 to the draft scoping report for the proposed Yzermyn Underground Coal Mine, operated by Atha Africa Ventures (Pty) Ltd. The organization argues that the mine's location in the Grassland Important Bird Area (IBA) and its proximity to protected environments and endangered ecosystems make the application unsustainable and legally flawed.
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Document type: Statement
pml9-5b95afc3bb6b566a.pdf
A letter from Atha Africa Ventures (Pty) Ltd (AAV) to the Department of Mineral Resources (DMR) requesting amendments to the conditions of a granted Mining Right for the Yzermyn Underground Coal Project (YUCP) in Mpumalanga. AAV argues that current restrictions on mining in wetland areas are too restrictive and proposes alternative wording to allow for surface infrastructure and regulated wetland disturbance.
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Document type: Statement
KM_C654e-20210311120932
The document is a letter from the Mpumalanga Province Department of Agriculture, Rural Development, Land and Environmental Affairs granting environmental authorisation to Atha Africa Ventures (Pty) Ltd for the Yzermyn Underground Coal Mine. The authorisation covers multiple listed activities, including the construction of surface infrastructure, roads, and an explosives magazine, while noting significant impacts on wetlands and endangered ecosystems.
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Document type: Statement
SECOND RESPONDENT’S PRACTICE NOTE
This practice note concerns a legal challenge in the High Court of South Africa (Mpumalanga Division) where applicants seek to overturn the decision to exclude four properties from the Mabola Protected Environment (MPE). The Second Respondent, Uthaka Energy (Pty) Ltd, opposes the review and argues against the inclusion of scientific reports in the court's arguments.
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Document type: Briefing
HEADS OF ARGUMENT ON BEHALF OF THE 1 ST , 2ND AND 5TH RESPONDENTS
This document contains the heads of argument submitted on behalf of the Minister of Environmental Affairs, the Minister of Mineral Resources, and the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province. The respondents oppose a judicial review application brought by several environmental organisations seeking to set aside the written permission granted to Atha Africa (Pty) Ltd to conduct underground mining within the Mabola Protected Environment (MPE). The respondents argue that the decision-making process was procedurally fair, that they were entitled to rely on interrelated statutory authorisation processes to avoid duplication, and that the permission was granted subject to stringent environmental and social conditions.
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Document type: Briefing
THIRD RESPONDENT’S HEADS OF ARGUMENT
The Third Respondent, Atha-Africa Ventures (Pty) Ltd, submitted heads of argument to the High Court of South Africa (Mpumalanga Division) opposing a judicial review application by several environmental NGOs. The Applicants seek to set aside a decision to rezone Portion 1 of the Farm Yzermyn 96 HT from agricultural to mining use. The Third Respondent argues that the application is a strategic attempt by the 'Green Lobby' to delay the Yzermyn coal mine and that the environmental concerns raised have already been adjudicated and dismissed by the Water Tribunal and the Pretoria High Court.
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Document type: Briefing