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Mining and your Community: Know your Environmental Rights
The guide outlines the legal framework for mining in South Africa, emphasizing the rights of affected communities to information, a healthy environment, and consultation. It details the four primary government permissions required for mining—mining/prospecting rights, environmental management plans, water use licences, and environmental authorisations—and provides a roadmap for community members to object to applications, seek compensation, and report environmental crimes.
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Document type: Guide
PUBLIC HEARINGS OF THE PORTFOLIO COMMITTEE ON ENVIRONMENTAL AFFAIRS ON THE CLIMATE CHANGE DISCUSSION DOCUMENT, OUTLINING SOUTH AFRICA’S POSITION TOWARDS THE 21ST SESSION OF THE CONFERENCE OF THE PARTIES (COP21) TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC) IN PARIS, FRANCE, IN DECEMBER 2015
The Centre for Environmental Rights (CER) argues that South Africa's climate position for COP21 must be grounded in Constitutional obligations to protect human health and the environment. The CER contends that current investments in coal-fired power stations contradict national climate goals and that the state requires transparent, science-based emission regulations and enforcement to meet its legal duties.
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Document type: Statement
DEVELOPMENT, HEALTH AND WELL-BEING DEPEND ON WATER
The document identifies 22 water source areas (WSAs) in South Africa that provide 50% of surface run-off from only 8% of the land, supporting 60% of the population and 67% of economic activity. It highlights critical threats including coal and gold mining, fracking, climate change, and alien invasive vegetation, noting that only 13% of WSAs are under formal protection under the National Environmental Management: Protected Areas Act (NEMPAA). The guide provides a 'Legal Toolbox' of seven legislative mechanisms to restrict harmful activities and restore ecological infrastructure.
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Document type: Guide
Health impacts of Eskomʼs non-compliance with minimum emissions standards
The report finds that Eskom's current retrofit plan is insufficient to address sulphur dioxide (SO2) emissions, leading to significant projected mortality and economic losses. Full compliance with the MES by 2025 would avoid approximately 2,300 deaths and R42 billion in economic costs annually. The most stringent scenario, applying Best Available Technology (BAT), would reduce health impacts by over 90% by 2031 compared to the current plan.
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Document type: Report
Scanned Document
A letter from the South African Department of Mineral Resources to the Centre for Environmental Rights regarding a request for information under the Promotion of Access to Information Act, 2000, concerning the Optimum Colliery.
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Document type: Statement
Scanned Document
A decision letter from the South African Department of Mineral Resources to the Centre for Environmental Rights regarding a request for access to information under the Promotion of Access to Information Act, 2000.
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Document type: Statement
Scanned Document
This document records the administrative process of the South African Department of Mineral Resources in granting a coal mining right to Atha-Africa Ventures (Pty) Ltd in the Wakkerstroom area of Mpumalanga. Despite initial recommendations for refusal due to the area's status as a sensitive wetland grassland and objections from the Department of Water Affairs, WWF, and the Mpumalanga Tourism and Park Agency, the right was granted with specific conditions prohibiting mining activities in wetlands.
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Document type: Briefing
ENVIRONMENTAL COMPLIANCE MONITORING AND ENFORCEMENT AT MINES: THE DEPARTMENT OF MINERAL RESOURCES AND ENERGY’S PERFORMANCE DURING THE FINANCIAL YEARS 2017 TO 31 MARCH 2019
The report finds that the DMRE's capacity for environmental compliance monitoring and enforcement at mines remains 'woefully inadequate', with a severe shortage of qualified inspectors relative to the number of operating mines. Analysis of data from 2017 to 2019 reveals a decrease in inspections in six of nine provinces and significant discrepancies between the DMRE's annual reports and information provided via PAIA requests. The document highlights a lack of transparency, noting that the DMRE does not publish a comprehensive results report similar to the National Environmental Compliance and Enforcement Report (NECER). Criminal enforcement is described as inconsistent, with some provinces recording no activity and others showing a steep drop-off between arrests and successful prosecutions.
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Document type: Report
doc-1.1-a-sub-brd-ses-26-august-2016_air-quality-improvement-plan-9cff4a85f745e71b.pdf
This briefing document, submitted to Eskom's Board Social, Ethics and Sustainability Committee on 26 August 2016, outlines the Air Quality Improvement Plan. The plan aims to reduce particulate and gaseous emissions from power stations to comply with South Africa's Minimum Emission Standards (MES) and Atmospheric Emission Licences, utilizing a combination of technical retrofits, operational improvements, and air quality offsets.
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Document type: Briefing
duvha-ael-07-04-2015-44120652613d42d3.pdf
This document is a variation of an Atmospheric Emission Licence (AEL) issued by the Nkangala District Municipality to Eskom Holdings SOC Limited for the Duvha Power Station. The licence, valid until 31 May 2017, regulates atmospheric emissions from listed activities including solid fuel combustion, petroleum product storage, and coal handling, setting specific emission limits for particulate matter (PM), sulphur dioxide (SO2), and nitrogen oxides (NOx).
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Document type: Report
duvha-ael-signed-28-june-2017-1-e34fb0464377994f.pdf
This document is a renewed Atmospheric Emission Licence (AEL) issued by the Nkangala District Municipality to Eskom Holdings SOC Limited for the Duvha Power Station. The licence, valid from 30 June 2017 to 30 June 2022, sets specific limits on particulate matter (PM), sulphur dioxide (SO2), and nitrogen oxides (NOx) emissions, while mandating operational requirements, monitoring frequencies, and the implementation of an Atmospheric Emission Off-Set Plan to reduce PM pollution.
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Document type: Report
duvha_ael-after-appeal_jun13-f925ae6d97af40a3.pdf
This document is an Atmospheric Emission Licence (AEL) issued to Eskom Holdings SOC Limited for the Duvha Power Station in Mpumalanga, South Africa. Issued by the Mpumalanga Department of Economic Development, Environment and Tourism, the licence varies previous conditions following an appeal and establishes legal requirements for air quality management, emission limits, and monitoring for the facility's coal-fired power generation activities.
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Document type: Report
KM_C554e-20151021093225
The Department of Environmental Affairs of South Africa has granted an integrated environmental authorisation to Kuyasa Mining (Pty) Ltd on behalf of KiPower (Pty) Ltd for the construction of a 600MW coal-fired independent power plant and associated infrastructure near Delmas in the Mpumalanga Province.
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Document type: Statement
IN THE MATTER OF THE GRANTING OF AUTHORISATION IN TERMS OF SECTION 23(1) OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT – GRANTING OF A MINING RIGHT AND APPROVAL OF THE EMPR IN RESPECT OF PORTIONS 6 and 23 OF GROENVLEI 353 JT and PORTION 12 of LAKENVLEI 355 JT , LOCATED IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REFERENCE MP 30/5/1/2/2/505 MR INTERNAL APPEAL TO THE MINISTER OF MINERAL RESOURCES APPEAL IN TERMS OF SECTION 96 OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT AND URGENT REQUEST FOR THE REASONS TO GRANT THE ABOVEMNETIONED MINING RIGHT AND APPROVAL THE EMPR IN TERMS OF SECTION 6(2) OF THE ACT AND URGENT SUSPENSION OF THE MINING RIGHT AND APPROVED EMPR
The Escarpment Environment Protection Group (EEPOG) and other appellants have filed an internal appeal to the Minister of Mineral Resources to suspend and set aside the granting of a mining right and the approval of an Environmental Management Programme (EMPR) to William Patrick Bower (Pty) Ltd (WPB). The appellants argue that the process was procedurally unfair, lacked meaningful consultation, and ignored critical environmental and socio-economic risks in the sensitive Steenkampsberg area of Mpumalanga.
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Document type: Statement
MANUAL ISSUED IN TERMS OF SECTION 14 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT NO 2 OF 2000)
This document is a PAIA Manual issued by the South African Department of Mineral Resources and Energy (DMRE). It serves as a guide for the public to exercise their constitutional right of access to information held by the Department, detailing the types of records available, the process for requesting them, and the protections afforded to personal information under the Protection of Personal Information Act (POPIA).
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Document type: Guide
et3-d178e81375b40721.pdf
This memorandum from the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (DARDLEA) evaluates an appeal by the Centre for Environmental Rights (CER) and its clients against the environmental authorisation granted to Atha Africa Ventures (AAV) for the proposed Yzermyn underground coal mine. The department recommends that the appeal be dismissed, concluding that the authorisation process was legally sound and that potential environmental impacts can be mitigated to acceptable levels.
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Document type: Briefing
et4-9bacb3b44cdccdc8.pdf
This document is a statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation (EA) 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 EA was granted without lawful authority, based on a deficient Environmental Impact Assessment Report (EIAR), and ignores critical biodiversity and socio-economic risks.
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Document type: Statement
fa72-report-prepared-by-sasol-infrachem-dated-april-2014-96a1d5f3cba39bb0.pdf
This April 2014 report is a draft motivation by Sasol Infrachem for exemption from the default application of certain Minimum Emissions Standards (MES) published in Government Notice No. 893 (GN 893) under the National Environmental Management: Air Quality Act (NEMAQA). Sasol Infrachem argues that strict compliance with certain existing and new plant standards is technically or financially unachievable for specific point sources at its Sasolburg complex. The document proposes alternative emissions limits as license conditions and provides an Atmospheric Impact Report (AIR) to demonstrate that these alternatives maintain ambient air quality within National Ambient Air Quality Standards (NAAQS).
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Document type: Report
hendrina-ael_31mar2016-083e4f9841af0b6e.pdf
This document is an Atmospheric Emission Licence (AEL) issued by the Nkangala District Municipality to Eskom Holdings SOC Limited for the Hendrina Power Station. The licence, varied on 31 March 2016, sets out the legal conditions, emission limits, and monitoring requirements for the station's operations under the National Environmental Management: Air Quality Act, 2004.
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Document type: Statement
hendrina-ael_april-2015-b9d142910e00261d.pdf
This document is a variation of an Atmospheric Emission Licence (AEL) issued by the Nkangala District Municipality to Eskom Holdings SOC Limited for the Hendrina Power Station. The licence, valid until 31 March 2019, regulates emissions from listed activities including solid fuel combustion, storage of liquid petroleum products, and handling of coal.
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Document type: Statement