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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
OBJECTION BY COALITION OF EIGHT CIVIL SOCIETY ORGANISATIONS AGAINST EXCLUSION OF PROPERTIES FROM THE EXISTING MABOLA PROTECTED ENVIRONMENT
A formal objection submitted by a coalition of eight civil society organisations, represented by the Centre for Environmental Rights, against the Mpumalanga MEC's proposal to exclude specific properties from the Mabola Protected Environment (MPE) to facilitate coal mining.
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Document type: Statement
Mining and Environmental Justice Community Network of South Africa and others v Minister of Environmental Affairs and others
The Pretoria High Court set aside a decision by the Minister of Environmental Affairs and the Minister of Mineral Resources to allow Atha-Africa Ventures 16 (Pty) Ltd to mine in the Mabola Protected Environment, citing procedural unfairness, lack of transparency, and failure to apply environmental management principles.
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Document type: Case study
APPLICANTS’ NOTES FOR ORAL ARGUMENT
This briefing contains the applicants' notes for oral argument in a High Court case challenging the decisions of the Ministers of Environmental Affairs and Mineral Resources to permit mining in the Mabola Protected Environment (MPE). The applicants, a group of environmental and human rights NGOs, argue that the decisions were made without transparency, procedural fairness, or regard for the specific statutory duties imposed by the National Environmental Management: Protected Areas Act (NEMPAA).
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Document type: Briefing
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
ATI Network Shadow Report 2018
The ATI Network Shadow Report 2018, compiled by the South African History Archive (SAHA) and other civil society members, evaluates the effectiveness of the Promotion of Access to Information Act 2 of 2000 (PAIA) in South Africa between 1 June 2017 and 31 July 2018. The report highlights systemic failures in public body compliance, including high rates of non-responsiveness and the misuse of legal provisions to delay information release, while also discussing the challenges of accessing data from private bodies and the impact of these barriers on rights to education and the environment.
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Document type: Report
IWULA, IWUL and Specialist Studies Review of the proposed Yzermyn Colliery Mpumalanga
This report, prepared by GCS Water and Environment (Pty) Ltd for the Centre for Environmental Rights (CER), reviews the Integrated Water Use License Application (IWULA) and the subsequent Integrated Water Use License (IWUL) issued to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine in Mpumalanga. The review identifies significant gaps in the specialist studies regarding hydrogeology, wetlands, and hydrology, concluding that the IWUL was granted without a sufficient understanding of the environmental impacts or the interconnection between water resources.
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Document type: Report
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
APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE
The Centre for Environmental Rights (CER), representing the Endangered Wildlife Trust (EWT) and the Federation for a Sustainable Environment (FSE), submitted representations to the Minister of Water and Sanitation on 2 March 2017. The document argues against a petition by Atha-Africa Ventures (Pty) Ltd to uplift the suspension of a water-use licence (WUL) for the proposed Yzermyn underground coal mine, asserting that the suspension should remain until the Water Tribunal resolves the pending appeal.
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Document type: Statement
JOINT LETTER TO THE MINISTER: PERMISSION TO CONDUCT COMMERCIAL PROSPECTING, MINING, EXPLORATION, PRODUCTION OR RELATED ACTIVITIES INSIDE PROTECTED ENVIRONMENTS: SECTION 48(1)(B) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003
A joint letter from several environmental organisations to the South African Minister of Environmental Affairs expressing concern over the decision to allow commercial mining in the Mabola Protected Environment and requesting stricter procedural fairness for future applications under section 48(1)(b) of the National Environmental Management: Protected Areas Act, 2003 (NEMPAA).
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Document type: Statement
Request to DEA for correspondence between the Atha-Africa Ventures (Pty) Ltd relating to the planned Yzermyn in the Mabola Protected Environment
The Centre for Environmental Rights (CER) submitted a request to the Department of Environmental Affairs (DEA) on 7 December 2016 for records concerning the proposed Yzermyn underground coal mine in the Mabola Protected Environment.
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Document type: Statement
Request to DEA for the application by Atha-Africa Ventures to mine in the Mabola Protected Environment
The Centre for Environmental Rights (CER) submitted a request to the Department of Environmental Affairs (DEA) on 20 October 2016 for records concerning Atha-Africa Ventures' application to mine commercially in the Mabola Protected Environment.
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Document type: Statement
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004
This document is a statement of grounds of appeal filed on 13 October 2016 by eight environmental and community organisations against the approval of the Environmental Management Programme (EMPR) for the Yzermyn underground coal mine. The appellants argue that the approval, granted by the Mpumalanga Regional Manager of the Department of Mineral Resources (DMR) on 28 June 2016, ignored critical biodiversity risks, failed to provide adequate mitigation for water resource degradation, and disregarded the socio-economic vulnerability of local rural communities.
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Document type: Statement
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 43(2) OF NEMA AND REGULATION 61 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
A statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation granted on 7 June 2016 to Atha Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine near Wakkerstroom, Mpumalanga. The appellants argue that the authorisation is based on a fundamentally flawed Environmental Impact Assessment Report (EIAR) that ignores critical biodiversity risks, fails to address socio-economic impacts on vulnerable communities, and was granted by an incorrect competent authority.
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Document type: Statement
INTERNAL APPEAL TO THE DIRECTOR GENERAL OF THE DEPARTMENT OF MINERAL RESOURCES
The Federation for a Sustainable Environment (FSE), represented by the Centre for Environmental Rights (CER), filed an internal appeal to the Director General of the Department of Mineral Resources (DMR) on July 21, 2015. The appeal challenges the DMR's partial refusal to grant access to records regarding the Yzermyn underground coal mine project in Mpumalanga, which the FSE requested under the Promotion of Access to Information Act 2 of 2000 (PAIA).
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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