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Review of Environmental Impact Assessment Report & Environmental Management Programme, and Environmental Authorisation, for Yzermyn underground coal project
The review concludes that the Yzermyn underground coal project's EIAR and EMPr are of poor quality, failing to address critical concerns from the Department of Environmental Affairs (DEA), Department of Water Affairs (DWA), and Department of Mineral Resources (DMR). The author argues that the project poses high risks to 'irreplaceable' biodiversity and water resources, specifically regarding acid mine drainage and the drawdown of wetlands. The review asserts that the competent authority ignored these risks and the NEMA principles when granting environmental authorisation, focusing only on surface footprint rather than landscape-scale impacts.
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Document type: Report
Review of Environmental Impact Assessment Report & Environmental Management Programme, and Environmental Authorisation, for Yzermyn underground coal project
The review concludes that the Yzermyn underground coal project's EIAR and EMPr are of poor quality, failing to address critical concerns raised by the Department of Environmental Affairs (DEA), Department of Water Affairs (DWA), and Department of Mineral Resources (DMR). Key failures include the lack of updated specialist studies for the 'best environmental option', inadequate assessment of acid mine drainage (AMD) and its long-term decant risks, and a failure to account for cumulative impacts on 'irreplaceable' biodiversity and water resources. The reviewer asserts that the project's focus on surface 'footprint' impacts ignores wider landscape-scale damage to Freshwater Ecosystem Priority Areas (FEPAs) and the Grassland Important Bird Area. Furthermore, the review finds that the Environmental Authorisation was granted despite these deficiencies, relying on misleading information and failing to apply the NEMA principles of sustainable development.
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Document type: Report
NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA
The South African Human Rights Commission (SAHRC) is convening a National Hearing on 13-14 September 2016 to investigate socio-economic challenges in mining-affected communities across South Africa. Following consultations in KwaZulu-Natal, Limpopo, and Mpumalanga, the Commission identified systemic issues including non-compliance with legal and environmental obligations, failures in enforcement, insufficient community consultation, and limited social upliftment. The SAHRC has invited the Centre for Environmental Rights to provide submissions specifically regarding the efficacy of environmental compliance monitoring, the implementation of Environmental Impact Assessments (EIAs) and Environmental Management Plans (EMPs), and the impact of mining on water resources and ecosystems.
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Document type: Statement
Review of the groundwater documemtation related to the proposed Yzermyn Colliery
The review identifies significant contradictions and scientific gaps in the groundwater and wetland assessments for the proposed Yzermyn Colliery. It argues that the mine is likely to decant post-closure and that the dewatering process will affect groundwater-dependent ecosystems and springs. The author criticizes the amended EIAR for making scientifically unproven claims about the limited impact on wetlands and the speed of stabilization, while noting that the EcoPartners report on downstream water usage is poorly motivated and fails to quantify key impacts.
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Document type: Report
Review of the groundwater documemtation related to the proposed Yzermyn Colliery
The review identifies significant scientific gaps and contradictions in the groundwater and wetland assessments for the proposed Yzermyn Colliery. Key concerns include the underestimation of drawdown effects on sensitive wetlands, the likelihood of post-closure mine decant with high sulphate levels, and contradictions in wetland sensitivity ratings. The author argues that current models fail to quantify impacts on groundwater-dependent ecosystems and downstream users, recommending further field work and more comprehensive numerical modelling.
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Document type: Report
Review of the groundwater documemtation related to the proposed Yzermyn Colliery
The review identifies significant contradictions and scientific gaps in the groundwater and wetland assessments for the proposed Yzermyn Colliery. It argues that the mine is likely to decant acidic water and that the drawdown of the shallow aquifer will negatively impact groundwater-dependent ecosystems and wetlands, contradicting claims in the amended EIAR that such impacts would be limited or mimic drought conditions.
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Document type: Report
HPA REVIEW QUESTIONNAIRE TO DETERMINE WHETHER AIR QUALITY IN THE NKANGALA DISTRICT MUNICIPALITY HAS IMPROVED SINCE 2007
The Centre for Environmental Rights (CER) is conducting a "mini shadow review" to evaluate the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP) within the Nkangala District Municipality (NDM). The CER seeks to identify resource gaps and determine if air quality in areas such as eMalahleni and Middelburg has improved since the HPA was declared in 2007. The questionnaire focuses on regulatory clarity, financial and human resource capacity, dust reduction measures, emissions from domestic coal burning, and industrial pollutant and greenhouse gas reductions. The CER notes that data from the DEA/South African Weather Service between 2009 and 2015 suggests that "exceedances of ambient air quality standards have increased slightly" and that equipment malfunctions have created data gaps.
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Document type: Statement
Poor Governance of Mining and the Violation of Environmental Rights in Mpumalanga
The report details how systemic governance failures by the DMR and DWS in Mpumalanga have led to widespread environmental degradation, health crises in mining communities, and threats to water and food security. It highlights the lack of enforcement, a culture of secrecy, and the conflict of interest inherent in the DMR's dual mandate to promote and regulate mining.
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Document type: Report
Water: Facts and Futures
The report provides a comprehensive overview of South Africa's water crisis, highlighting the critical role of 'ecological infrastructure' and the need to transition from a reliance on ageing surface-water dams to sustainable groundwater management and water-sensitive urban design. It details the threats to freshwater biodiversity, the systemic failures in wastewater treatment and sanitation, and the necessity of public-private partnerships in water stewardship to mitigate risks to the economy and public health.
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Document type: Report
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
ATI Network Shadow Report 2016
The ATI Network Shadow Report 2016 reveals significant challenges in accessing information in South Africa, with 46% of requests to public bodies denied in full and 67% of requests to private bodies refused. The report highlights a high rate of 'deemed refusals' where requests are ignored, and notes that the most common ground for refusal is that records do not exist or cannot be found. While some progress is noted in the automatic availability of environmental and water licenses, the report argues that the Department of Mineral Resources resists this trend. It recommends mandatory disclosure of all operational licenses, clearer definitions for 'trade secrets', and the strengthening of public interest override provisions in PAIA.
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Document type: Report
National Environmental Compliance and Enforcement Report 2015/16
The National Environmental Compliance and Enforcement Report 2015/16 details the activities of South Africa's Environmental Management Inspectorate (EMI). It records a total of 2,647 EMIs, with a significant increase in proactive inspections and a rise in administrative notices. The report highlights enforcement trends in 'brown' (pollution/waste), 'green' (biodiversity), and 'blue' (marine/freshwater) sectors, noting a stabilization in rhino poaching numbers. It also documents specific legal cases, legislative updates, and capacity-building efforts for inspectors and prosecutors.
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Document type: Report
Energy Services: Energy efficiency and embedded generation – 2016 Market Intelligence Report
The report examines the growth of the South African energy services market, driven by rising electricity costs and energy security concerns. It highlights significant growth in rooftop PV, opportunities for energy efficiency in municipal wastewater treatment and public buildings, and the role of Energy Service Companies (ESCOs). The document also details the regulatory landscape, including tax incentives like the 12L allowance and the Western Cape's specific initiatives to reduce energy demand.
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Document type: Report
THE MEDIUM-TERM REVIEW OF THE 2011 HIGHVELD PRIORITY AREA (HPA): AIR QUALITY MANAGEMENT PLAN DRAFT REVIEW REPORT
The review finds that ambient air quality in the Highveld Priority Area (HPA) has not shown significant improvement since 2012, with frequent exceedances of National Ambient Air Quality Standards (NAAQS). Industrial sources remain the dominant contributors of SO2 and NOx, while mining is the primary source of PM10. An audit of the AQMP implementation reveals that less than 50% of interventions have been fully achieved, with significant deficiencies in vehicle emissions, waste management, and low-income settlement interventions. While government organizational capacity and awareness have improved, the report recommends a revised plan with SMART goals and strengthened cooperative governance across national departments.
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Document type: Report
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
APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network, filed an appeal on May 20, 2015, against the atmospheric emission licence (AEL) issued to Eskom's Camden Power Station. The appeal argues that the Gert Sibande District Municipality failed to consider the severe health impacts and poor air quality of the Highveld Priority Area (HPA) when granting emission limit postponements that allow pollutants to exceed national minimum emission standards (MES).
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015
This document is a formal appeal submitted by the Centre for Environmental Rights (CER) on behalf of groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network. The appeal challenges the variation of the Atmospheric Emission Licence (AEL) for Eskom's Hendrina Power Station, issued by the Nkangala District Municipality on 31 March 2015. The appellants argue that the AEL improperly incorporates postponements of Minimum Emission Standards (MES) granted by the National Air Quality Officer, thereby permitting pollution levels that exceed national standards in a declared priority area with already compromised air quality.
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Document type: Report
APPEAL IN TERMS OF SECTION 62 OF OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S KOMATI POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP313/12/12 ORIGINALLY ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights, representing environmental justice organisations, appealed the Atmospheric Emission Licence (AEL) for Eskom's Komati Power Station. The appeal argues that the AEL illegally allows Eskom to exceed national Minimum Emission Standards (MES) for NOx and SO2, ignoring the critical air quality failure in the Highveld Priority Area and the resulting health impacts on the population.
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Document type: Statement