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IWULA, IWUL and Specialist Investigation Review of the Yzermyn Colliery Mpumalanga
This report, prepared by GCS Water and Environment (Pty) Ltd for the Centre for Environmental Rights, reviews the Integrated Water Use License Application (IWULA) and the resulting Integrated Water Use License (IWUL) issued to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine in Mpumalanga. The review identifies significant gaps in the specialist studies regarding hydrogeology, wetlands, and hydrology, concluding that the IWUL was issued without a full understanding of the environmental impacts and the interconnection between water resources.
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Document type: Report
Request to DEA for the application by Atha-Africa Ventures to mine in the Mabola Protected Environment
The Centre for Environmental Rights (CER) submitted a request to the Department of Environmental Affairs (DEA) on 20 October 2016 for records concerning Atha-Africa Ventures' application to mine commercially in the Mabola Protected Environment.
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Document type: Statement
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004
This document is a statement of grounds of appeal filed on 13 October 2016 by eight environmental and community organisations against the approval of the Environmental Management Programme (EMPR) for the Yzermyn underground coal mine. The appellants argue that the approval, granted by the Mpumalanga Regional Manager of the Department of Mineral Resources (DMR) on 28 June 2016, ignored critical biodiversity risks, failed to provide adequate mitigation for water resource degradation, and disregarded the socio-economic vulnerability of local rural communities.
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Document type: Statement
CHAMBER OF MINES’ RESPONSE TO CER’s REPORT: ZERO HOUR: POOR GOVERNANCE OF MINING AND THE VIOLATION OF ENVIRONMENTAL RIGHTS IN MPUMALANGA
The Centre for Environmental Rights (CER) responds to the Chamber of Mines' critique of its 'Zero Hour' report, defending its research methodology and reiterating claims of poor environmental governance in Mpumalanga. The CER argues that the Department of Mineral Resources (DMR) has failed in its compliance and enforcement duties, leading to widespread pollution and the unlawful granting of mining rights in protected and strategic water areas. The CER calls for increased transparency, better decision-making regarding mining rights, and improved DMR capacity.
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Document type: Statement
South Africa’s 2nd Biennial Update Report
South Africa's 2nd Biennial Update Report (BUR-2) provides a comprehensive overview of the country's greenhouse gas (GHG) emissions from 2000 to 2012, its mitigation strategies, and the financial and technical support received to transition toward a low-carbon, climate-resilient economy by 2030.
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Document type: Report
COMMENTS ON THE DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW INCOME SETTLEMENTS
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the 2016 Draft Strategy to Address Air Pollution in Dense Low Income Settlements. While welcoming the document, the CER argues that it lacks measurable plans, adequate baseline data, and a strategy for community consultation to effectively address the health impacts of domestic fuel burning in South Africa.
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Document type: Statement
WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA
The Centre for Environmental Rights (CER) submitted these written submissions to the South African Human Rights Commission (SAHRC) in August 2016. The document outlines systemic failures in the environmental governance of the South African mining sector, detailing how poor monitoring, inadequate enforcement, and flawed impact assessment processes lead to the violation of environmental rights in mining-affected communities. It provides evidence of water pollution, ecosystem destruction, and severe health impacts, while recommending a transfer of regulatory authority from the Department of Mineral Resources to environmental authorities.
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Document type: Report
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 43(2) OF NEMA AND REGULATION 61 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
A statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation 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 authorisation is based on a fundamentally flawed Environmental Impact Assessment Report (EIAR) that ignores critical biodiversity risks, fails to address socio-economic impacts on vulnerable communities, and was granted by an incorrect competent authority.
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Document type: Statement
Review of the groundwater documemtation related to the proposed Yzermyn Colliery
The report reviews groundwater documentation for the proposed Yzermyn Colliery, concluding that previous assessments underestimated the risks to wetlands and groundwater-dependent ecosystems. The author highlights contradictions in wetland sensitivity reports, disputes the limited drawdown predictions in the amended EIAR, and warns that the mine is likely to decant acidic, sulphate-rich water post-closure.
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Document type: Report
Water: Facts and Futures
WWF South Africa's 2016 report 'Water: Facts and Futures' details the critical state of the country's water security. It highlights that while only 8% of land generates 50% of river flow, these Water Source Areas are under-protected. The report identifies severe threats from invasive alien plants, failing engineered infrastructure (with 37% urban water loss), and widespread pollution from sewage and mining. It calls for a 'Water and Sanitation Revolution' focusing on nature-based solutions, groundwater management, and decentralized service delivery to ensure equitable access to safe water.
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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 analyzes the implementation of the Promotion of Access to Information Act (PAIA) in South Africa based on 369 requests made by civil society organizations between August 1, 2015, and July 31, 2016. The report highlights significant barriers to accessing information from both public and private bodies, including high refusal rates, failure to meet statutory timeframes, and the misuse of grounds for refusal.
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Document type: Report
National Environmental Compliance and Enforcement Report 2015/16
The National Environmental Compliance and Enforcement Report 2015/16, published by the Department of Environmental Affairs (DEA), provides a comprehensive overview of environmental law enforcement activities in South Africa. It details the capacity of the Environmental Management Inspectorate (EMI), national compliance statistics, provincial performance, and specific case studies regarding industrial pollution and biodiversity crimes, particularly rhino poaching.
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Document type: Report
SIGNS OF HOPE?
The report 'SIGNS OF HOPE?' by the Centre for Environmental Rights (CER) evaluates the implementation of the Promotion of Access to Information Act (PAIA) regarding environmental records in South Africa from January 2010 to September 2015. It identifies a slow trend toward greater reactive disclosure by authorities and private companies, though proactive disclosure remains poor.
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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