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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
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
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
pml19-8da100a277b68df6.pdf
A letter from Atha Africa Ventures (Pty) Ltd to the Department of Mineral Resources (DMR) requesting that a notice of appeal submitted by the Centre for Environmental Rights (CER) be dismissed because the original mining right granting letter has been superseded by a second, amended version.
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Document type: Statement
pml20-06a263129e17b7eb.pdf
A letter from the Centre for Environmental Rights (CER) to the Department of Mineral Resources (DMR) regarding a mining right granted to Athd Africa Ventures (Pty) Ltd in the Mpumalanga Region. The CER disputes the claim that a second granting letter nullified previous appeals and announces its intention to launch review proceedings in the High Court against the Minister of Mineral Resources' decision to grant the mining right.
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Document type: Statement
pml3-5528e044b82f4c9a.pdf
BirdLife South Africa submitted a formal objection on 5 April 2013 to the draft scoping report for the proposed Yzermyn Underground Coal Mine, operated by Atha Africa Ventures (Pty) Ltd. The organization argues that the mine's location in the Grassland Important Bird Area (IBA) and its proximity to protected environments and endangered ecosystems make the application unsustainable and legally flawed.
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Document type: Statement
pml6-1eb30a68de8bcf19.pdf
A directive from the Mpumalanga Regional Manager of the Department of Mineral Resources (implied by the Act cited) to Atha-Africa Ventures (Pty) Ltd stating that their Environmental Management Programme (EMP) for mining activities in the Wakkerstroom magisterial district is non-compliant with Section 39(4)a of the Mineral and Petroleum Resources Development Act.
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Document type: Statement
pml7-fc20c1b8e06d07f3.pdf
A letter from Atha-Africa Ventures (AAV) to the Mpumalanga Provincial Government requesting guidance on environmental and mitigation conditions to be included in its Environmental Management Programme for a mining right application within protected environments.
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Document type: Statement
pml9-5b95afc3bb6b566a.pdf
A letter from Atha Africa Ventures (Pty) Ltd (AAV) to the Department of Mineral Resources (DMR) requesting amendments to the conditions of a granted Mining Right for the Yzermyn Underground Coal Project (YUCP) in Mpumalanga. AAV argues that current restrictions on mining in wetland areas are too restrictive and proposes alternative wording to allow for surface infrastructure and regulated wetland disturbance.
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Document type: Statement
NOTICE TO OPPOSE AN APPEAL IN TERMS OF SECTION 144 OF THE CHIEF ALBERT LUTHULI, DIPALESENG, DR PIXLEY KA ISAKA SEME, LEKWA, MKHONDO AND MSUKALIGWA MUNICIPAL BY-LAW ON SPATIAL PLANNING AND LAND USE MANAGEMENT, 2016 (the LUM By-law”)
This document is a notice to oppose appeals lodged by the Centre for Environmental Rights (representing Earth Life Africa Johannesburg and others) and Werksmans Attorneys (representing the Pikkie Uys Trust and others). The appeals challenge a land development application for Portion 1 of the Farm Yzermyn 96 IT in Mpumalanga Province, which was approved by the Gert Sibande District Joint Municipal Planning Tribunal (JMPT) on 28 May 2019. The Second Respondent, Atha-Africa Ventures (Pty) Ltd, argues that it has the legal standing (locus standi) to apply for land development as a holder of a mining right granted by the National Department of Mineral Resources.
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Document type: Statement
record-11.1-to-11.2-8792536714d0a5e6.pdf
This executive summary and accompanying board submission detail Eskom's Air Quality Strategy as of February 2015. The document outlines the company's inability to fully comply with South Africa's National Emission Standards by 2020 due to water scarcity, required outage durations, and financial constraints. Instead, Eskom proposes a phased approach involving targeted emission abatement retrofits, air quality offsets for low-income households, and applications for legal postponements of compliance deadlines.
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Document type: Executive summary
record-13.3-pg-13-24-1-24613c0bb7573bb6.pdf
This document is an excerpt from Eskom's Air Quality Improvement Plan, detailing the strategy to reduce particulate and gaseous emissions from its power stations. It outlines a phased and prioritised approach to compliance with Minimum Emission Standards (MES), focusing on retrofitting the highest emitting and newest stations first. The plan identifies critical constraints including funding, water availability on the Highveld, and skilled human resources, while proposing air quality offsets in vulnerable communities to mitigate local pollution.
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Document type: Report
record-13.3-pg-37-48-49c46c903a0cbe91.pdf
This document is an excerpt from the Eskom Air Quality Improvement Plan, detailing the strategies, technical requirements, and financial implications for reducing emissions from Eskom's power station fleet to comply with South Africa's Minimum Emission Standards (MES).
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Document type: Report
record-3.1-to-3.2-4552fb37775be52c.pdf
This document is an executive summary and supporting materials for a February 2013 submission to the Eskom Board Sustainability Committee regarding Eskom's environmental management performance from April to December 2012. It details failures to meet emissions and water targets due to operational constraints, progress on environmental strategies, and the status of ISO 14001 certification across various business units.
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Document type: Executive summary
record-5.1-to-5.2-c788b6939cbc1e02.pdf
This briefing document, submitted to the Eskom Board Sustainability Committee on 2 August 2013, outlines the company's inability to fully comply with South Africa's National Emission Standards without jeopardizing its sustainability. It proposes a strategy of partial compliance through targeted retrofits, legal applications for exemptions and postponements, and requests to continue operating non-compliant power stations while implementing remedies.
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Document type: Briefing
record-6.1-to-6.2-b073b68dae94a8ee.pdf
This document is an executive summary and board submission from Eskom dated August 28, 2013, regarding compliance with South Africa's National Emission Standards and Atmospheric Emission Licences (AELs). It outlines the financial and operational impossibility of full compliance by 2020, proposes a partial compliance strategy, and requests permission to continue operating several power stations that are currently in breach of their emission limits.
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Document type: Executive summary
record13.1-pg13-24-3d054b4bb2b2c106.pdf
This document is an excerpt from Eskom's Air Quality Strategy, detailing the company's plan to align its power station emissions with the South African Minimum Emission Standards (MES). It outlines specific emission targets for particulate matter, sulphur dioxide, and nitrogen oxides, while identifying significant resource constraints—including water, sorbent availability, and financial costs—that necessitate a phased and prioritised approach to retrofitting abatement technologies.
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Document type: Report
registrar-directions-on-the-locus-standi-jurisdiction-23-october-2018-a5719c25e6d8b98d.pdf
The Appeals Registrar of the Nkangala District Municipality has directed that the issue of the municipality's jurisdiction to hear an appeal regarding an atmospheric emission license for ACWA Power must be resolved before any Pre-Appeal Hearing. The Registrar set deadlines for Heads of Argument in November 2018, with a final decision expected by 23 November 2018.
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Document type: Statement
KM_C654e-20190503162642
This document is a formal submission from Sappi Southern Africa Limited to the South African Department of Environmental Affairs, dated 15 December 2017. It provides Pollution Prevention Plans regarding greenhouse gas (GHG) emissions in accordance with the National Pollution Prevention Plans Regulations (General Notice No. 712). The report details the production processes of five specific facilities and reports Scope 1 emissions, noting that while absolute emissions may increase due to production upgrades, emissions per ton of product are decreasing.
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Document type: Report
scanned-from-a-xerox-multifunction-printer-278dd015871594fa.pdf
This document is a legal response submitted by ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Ltd (ACWA) to the Minister of Environmental Affairs. ACWA objects to a condonation application by the NGO Groundwork, which seeks to appeal the integrated environmental authorisation for the Khanyisa Thermal Power Station. ACWA argues that Groundwork's notice of intention to appeal was filed excessively late and that the legal justifications provided—specifically the reliance on the Thabametsi judgment regarding climate change assessments—are legally unsound.
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Document type: Report