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9-049d4dd440ba8aa7.pdf
The document consists of a series of legal and administrative records regarding a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga, South Africa. The application, submitted by Atha-Africa Ventures (Pty) Ltd, sought to rezone the land from agricultural to 'special' use to allow for mining and related activities. The process involved multiple objections from environmental organizations and landowners, a dismissal by a local planning tribunal based on a lack of locus standi, a subsequent appeal, and a final approval by the Gert Sibande District Municipal Planning Tribunal on 29 April 2019.
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Document type: Report
ANKER COAL – STEENKOOLSPRUIT (STATE v VENTER & OTHERS)
The document details the case of State v Venter & Others, marking the first time criminal provisions of the National Environmental Management Act (NEMA), the National Water Act (NWA), and the Mineral and Petroleum Resources Development Act (MPRDA) have been invoked against a mining company. The prosecution involves allegations of improper borehole drilling near the Usutu River and wetlands, failure to rehabilitate sites, and fraud regarding misrepresentations made in an environmental management plan (EMP).
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Document type: Legal commentary
annexure-7-19127bdadb17e0da.pdf
The Department of Water Affairs (DWA) expresses strong opposition to the proposed Yzermyn Underground coal mine in the Mpumalanga Region, citing critical risks to wetlands, water quality, and protected environments. The DWA identifies the project's location within a National Freshwater Ecosystem Priority Area as a "fatal flaw" and notes that the mine could cause significant groundwater contamination and the drying up of wetlands.
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Document type: Briefing
annexure-9-4aea90f86e7d7da0.pdf
The Mpumalanga Tourism and Parks Agency (MTPA) submitted a formal objection to the proposed Yzermyn underground coal mine project by Atha-Africa Ventures (Pty) Ltd, arguing that the project is illegal and environmentally devastating due to its location within protected biodiversity areas.
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Document type: Statement
annexure-a-26333ba73b763b35.pdf
A formal request sent on 29 November 2016 by the Life After Coal Campaign and other environmental organisations to the South African Minister of Energy, seeking an extension for public comment on the Integrated Energy Plan (IEP) and the Integrated Resource Plan (IRP) Update and demanding the release of critical supporting documents.
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Document type: Statement
Assessment of the Need for the proposed Karpowership Power Plant projects
The report argues that the proposed 1.2 GW Karpowership gas power plants are not aligned with a least-cost investment pathway for South Africa. Drawing on a study by Meridian Economics and the CSIR, it finds that the grid should prioritize rapid renewable energy build-out and storage, with new gas capacity not being economically optimal until the mid-2030s. The document concludes that commissioning these plants by 2022 would create an unnecessary economic burden for ratepayers and that the procurement process (RMIPP) was biased against renewable energy options.
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Document type: Report
annexure-d-ror-d47cdf091deca383.pdf
This Record of Recommendation (RoR), dated 25 January 2017, provides the assessment by the South African Department of Water and Sanitation regarding an Integrated Water Use Licence Application (IWULA) for a 600 MW coal-fired power plant proposed by KiPower (Pty) Ltd near Delmas, Mpumalanga.
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Document type: Report
annexure-ra7-part-1-of-2-695326620eb9351d.pdf
The 'Mining and Biodiversity Guideline: Mainstreaming biodiversity into the mining sector' (2013) is a practical manual designed to help the South African mining industry, regulators, and practitioners integrate biodiversity considerations into the entire mining life cycle, from reconnaissance to closure. It aims to balance economic growth from mineral wealth with the conservation of South Africa's megadiverse ecosystems by providing a risk-based approach to land-use planning and impact management.
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Document type: Guide
annexures-p-1-d76ca185c8808798.pdf
This document consists of a collection of annexures related to environmental authorizations and water use licenses for the Yzermyn Underground Coal Mine, operated by Atha-Africa Ventures (Pty) Ltd in South Africa. It includes correspondence regarding environmental impact assessments and a detailed Water Use License (WUL) specifying permitted water activities, monitoring requirements, and environmental constraints.
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Document type: Report
APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
This answering statement, submitted by the Centre for Environmental Rights on behalf of several appellants, challenges an environmental authorisation granted to Atha Africa Ventures (Pty) Ltd for the proposed Yzermyn coal mine. The appellants argue that the project has significant implications for international environmental commitments, suffers from material gaps in specialist information—particularly regarding acid mine drainage and subsidence—and was determined by an incorrect competent authority.
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Document type: Statement
appeal-decision-19e4b3e7fa30c8b2.pdf
This document is a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province to dismiss an appeal brought by the Centre for Environmental Rights. The appeal challenged the environmental authorisation granted to Atha-Africa Ventured for the proposed Yzermyn underground coal mine, located on Portion 1 of the farm Yzermyn 96 HT within the Pixley Ka Seme Local Municipality.
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Document type: Statement
APPELLANTS’ HEADS OF ARGUMENT IN THE APPEAL IN TERMS OF SECTION 149 OF THE NATIONAL WATER ACT NO. 36 OF 1998
This document contains the Appellants' Heads of Argument filed by the Centre for Environmental Rights on behalf of the Endangered Wildlife Trust and the Federation for a Sustainable Environment. The appeal, brought under section 149 of the National Water Act (NWA), challenges a Water Tribunal decision that dismissed an appeal against the granting of a water use licence (WUL) to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn Underground Coal Mine. The appellants argue that the Water Tribunal erred on several questions of law, including the failure to consider the strategic importance of the mine area, the absence of landowner consent, the misapplication of the precautionary principle, the lack of post-closure water treatment provisions, and the misapprehension of the burden of proof regarding socio-economic impacts.
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Document type: Report
APPELLANTS’ RESPONDING STATEMENT, IN TERMS OF REGULATION 74(8) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004, TO ATHA-AFRICA VENTURES (PTY) LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of eight appellants, challenges the Department of Mineral Resources' (DMR) approval of the Environmental Management Programme (EMPR) for Atha-Africa Ventures (Pty) Ltd's proposed Yzermyn mine. The appellants argue that the approved EMPR authorizes an environmentally destructive discard dump, ignores extensive government conservation policies for the area, and contains woefully inadequate financial provisions for rehabilitation.
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Document type: Statement
applicants-notice-ito-rule-16a-04cc8aab01466fe1.pdf
This document is a legal notice filed in the High Court of South Africa (Gauteng Division, Pretoria) in August 2017. It outlines the grounds upon which several applicants, including Mining and Environmental Justice and GroundWork, seek the review and setting aside of decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to allow Atha-Africa Ventures (Pty) Ltd to conduct commercial mining in the Mabola Protected Environment.
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Document type: Statement
KM_C654e-20170203144023
The South African Department of Environmental Affairs issued an amendment to the Environmental Authorisation (EA) dated 31 October 2013 for the construction of the 450 MW Khanyisa coal-fired power station in Emalahleni, Mpumalanga. The amendment updates the project applicant and the specific farm portions designated for the project site and ash disposal site.
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Document type: Statement
arnot-ael_april-2015-b7b67fb18afa1b35.pdf
This document consists of a formal letter and a variation of the Atmospheric Emission Licence (AEL) issued by the Nkangala District Municipality to Eskom Holdings SOC Limited for the Arnot Power Station. The letter, dated 20 April 2015, addresses Eskom's request to correct errors in the AEL, while the attached licence specifies the operational conditions, emission limits, and reporting requirements for the power station's activities.
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Document type: Report
atha-africa-replying-submission-in-terms-of-regulation-747-of-the-mprda-regulations-8-august-2019-70752ba425e764ac.pdf
This document is a replying submission by Atha-Africa Ventures (Pty) Ltd to the Director-General of the Department of Mineral Resources. It responds to an administrative appeal lodged by a coalition of environmental organisations against the approval of the Environmental Management Programme (EMP) for the Yzermyn Underground Coal Mine Project.
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Document type: Statement
BENICON- BANKFONTEIN
This case study details a legal and administrative dispute regarding a coal mining application by Benicon Mining (Pty) Ltd on the farm Bankfontein in Mpumalanga. The Mpumalanga Lakes District Protection Group (MLDPG) appealed a positive environmental authorization, citing failures in biodiversity assessment, wetland delineation, and the underestimation of post-closure water rehabilitation costs.
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Document type: Case study
MR BIRDLIFE SOUTH AFRICA’S RESPONSE TO WILLIAM PATRICK BOWER PTY LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of BirdLife South Africa, argues that a mining right granted to William Patrick Bower Pty Ltd (WPB) should be set aside. The document contends that WPB's replying submission was filed late and introduced new, unauthorized mine layout plans and hydrogeochemical data that were not available to the decision-maker at the time of the grant. BirdLife South Africa further asserts that the mining area contains endangered ecosystems and irreplaceable biodiversity, contradicting claims made by WPB.
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Document type: Statement
camden-ael_april-2015-f45e0519cc504d2d.pdf
This document is an Atmospheric Emission Licence (AEL) issued on 31 March 2015 by the Gert Sibande District Municipality to Eskom Holdings SOC Limited for the Camden Power Station. The licence, issued under the National Environmental Management: Air Quality Act, 2004, regulates emissions from solid fuel combustion, petroleum storage, and coal handling, establishing specific operational requirements, emission limits, and monitoring obligations for a period not exceeding five years.
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Document type: Statement