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MASHALA – FERREIRA MINE, ERMELO
This case study examines the legal and environmental disputes surrounding the Ferreira mine (also known as the Penumbra mine), operated by Mashala Resources (Pty) Ltd in Ermelo, Mpumalanga. The document details allegations of illegal mining, failure to obtain necessary water and environmental licenses, and the provision of misleading information in regulatory applications, alongside conflicts over land access and compensation for adjacent landowners.
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Document type: Case study
matimba-health-risk-assessment_6-e4803f6ab69f5bcb.pdf
This report reviews risk factors to quantify the potential health impacts of particulate matter (PM10, PM2.5), sulphur dioxide (SO2), and nitrogen dioxide (NO2) emissions from various Eskom operations. It synthesizes global epidemiological data from organizations like the WHO and USEPA to establish risk estimates for mortality and morbidity, while incorporating South African provincial population and health data to support a health risk assessment.
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Document type: Report
matimba-health-risk-assessment_8-64d754a8a3e40115.pdf
This report, prepared by INFOTOX (Pty) Ltd for Eskom Holdings, evaluates the confidence levels and uncertainties associated with the health risk assessment of particulate matter (PM10), nitrogen dioxide (NO2), and sulfur dioxide (SO2) emissions from Eskom operations. It concludes that risk quantifications based on mortality and particulate matter are more reliable than those based on hospitalisation and gaseous pollutants.
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Document type: Report
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
00206BAAD8FC200514110110.pdf
The Minister of Forestry, Fisheries and the Environment of South Africa issued a decision on 12 May 2020 regarding an objection by Eskom Kendal Power Station to a Compliance Notice (CN). The CN, issued on 10 December 2019, addressed failures to comply with the Atmospheric Emissions Licence (AEL), specifically regarding particulate matter emissions. The Minister modified the CN to allow Eskom to cease operation of either Unit 1 or Unit 5 (rather than both simultaneously) to mitigate load-shedding risks and extended the deadline for submitting a specialist Plan of Action for Units 2, 3, 4, and 6.
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Document type: Statement
mtpa-notice-of-intention-to-abide-03042017-67a63f8039605909.pdf
A legal notice filed in the High Court of South Africa (Mpumalanga Division) stating that the First Respondent, the Information Officer of the Mpumalanga Tourism and Parks Agency (MTPA), intends to abide by the court's decision in Case No: 487/2017.
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Document type: Statement
National Environmental Compliance & Enforcement Report 2007-8
The National Environmental Compliance & Enforcement Report 2007-8 details the activities of Environmental Management Inspectors (EMIs) in South Africa from 1 April 2007 to 31 March 2008. It reports a significant increase in arrests and convictions compared to the previous year, though it notes that these figures are partly due to previous underreporting. The report covers national and provincial statistics, specific industrial non-compliance findings in the steel and refinery sectors, wildlife crime enforcement, and judicial training initiatives.
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Document type: Report
ANEXURE A: Responses to CER questions
This document contains the National Energy Regulator of South Africa's (NERSA) responses to questions from the Centre for Environmental Rights (CER) regarding NERSA's concurrence with section 34 determinations of the Integrated Resource Plan (IRP) 2019. NERSA asserts that its role is to implement national policy developed by the Department of Mineral Resources and Energy (DMRE), rather than to re-evaluate the IRP's modelling, cost assumptions, or technology choices.
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Document type: Statement
notice-issued-by-municipal-appeal-authority-58ce1fe61bc7b0eb.pdf
A notice from the Municipal Appeal Authority of the Dr Pixley Ka Isaka Seme Local Municipality regarding a land development appeal for Portion 1 of the farm Yzermyn 96 IT in Mpumalanga Province. The notice establishes a written appeal process involving the Centre for Environmental Rights, the Gert Sibande District Joint Municipal Planning Tribunal, and Atha-Africa Ventures (Pty) Ltd.
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Document type: Statement
notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf
This document is a Notice of Appeal filed in the High Court of South Africa by the Endangered Wild Federation and the Federation for a Sustainable Environment. The appellants challenge a May 22, 2018, decision by the Water Tribunal regarding a water use licence granted to Atha-Africa Ventures (Pty) Ltd. The appeal is based on eleven grounds, primarily arguing that the Water Tribunal ignored critical environmental data, failed to apply the precautionary principle, and overlooked jurisdictional requirements regarding landowner consent and financial security for post-closure water treatment.
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Document type: Statement
NOTICE OF INTENTION TO APPEAL
A legal notice dated 27 June 2016 in which eight environmental and social justice organisations announce their intention to appeal the environmental authorisation granted for the Yzermyn Underground Coal Mine in the Wakkerstroom district of Mpumalanga, South Africa.
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Document type: Statement
notice-of-withdrawal-filed-201704250840-b2fd3a041e3e26ff.pdf
A legal notice filed by the Centre for Environmental Rights on April 18, 2017, announcing the withdrawal of Case No: 487/2017 from the High Court of South Africa (Mpumalanga Division, Nelspruit).
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Document type: Statement
BHP BILLITON/OPTIMUM COAL MINE (PTY) LTD SCHOONOORD
This case study examines the conversion of old order mining rights to new order rights at the Optimum Colliery, highlighting systemic failures in public participation, environmental assessment, and legal compliance.
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Document type: Case study
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
Atha Answering Affidavit - Part 2.pdf
This document contains technical appendices and legal affidavits regarding the Yzermyn Underground Coal Mine (YUCM) in Mpumalanga, South Africa. It details the project's location within the endangered Wakkerstroom/Luneburg Grassland ecosystem, provides hydrogeological simulations of groundwater drawdown in shallow and deep aquifers, and includes the formal mining right granted to Atha-Africa Ventures (Pty) Ltd for an area of 8,382.6158 hectares.
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Document type: Report
pml1-007d50867763ea55.pdf
A notice of appeal filed on 30 March 2015 by eight environmental organisations, represented by the Centre for Environmental Rights (CER), challenging the grant of mining right MP30/5/1/2/2/1/0069MR to Atha-Africa Ventures (Pty) Ltd (AAV). The appeal seeks to set aside and suspend the right for the proposed Yzermyn underground coal mine, arguing that the grant is unlawful and irrational given the area's extreme environmental sensitivity, its status as a protected environment, and the lack of required ministerial consent.
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Document type: Statement
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
pml18-bd5f784bdc77de47.pdf
A letter from the South African Department of Mineral Resources to the Centre for Environmental Rights regarding an appeal against a mining right granted to Atha-Africa Ventures (Pty) Ltd in the Wakkerstroom district of Mpumalanga.
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Document type: Statement