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Ten propositions on climate change and growth
This report by the Climate and Development Knowledge Network (CDKN) examines the intersection of economic growth and climate change, specifically focusing on the needs of developing countries. It argues for 'climate compatible development'—a strategy that minimizes climate harm while maximizing human development opportunities. The document outlines ten propositions, asserting that while growth is an imperative for poverty reduction in poor nations, it must be transitioned toward low-carbon models to be sustainable. It emphasizes the need for national strategies, the leveraging of private finance, and the creation of political consensus to manage the disruptive shifts in global production and markets caused by climate policy.
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Document type: Report
Climate resilient development: Experience from an African capacity development programme
This learning brief details the outcomes and lessons from the Water, Climate and Development Programme for Africa (WACDEP) capacity development component, which ran from August 2012 to September 2015. The programme aimed to enhance the ability of government planners and technical officers in eight African countries to integrate water security and climate resilience into national development planning through the identification of 'no/low regret' investments.
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Document type: Briefing
00206BB9DB98180921100544
A letter from the Acting Minister of Environmental Affairs of South Africa to the Centre for Environmental Rights acknowledging a study on Coal Independent Power Producers and stating the country's commitment to a science-based climate response and a mix of power generation technologies as per the Integrated Resource Plan (IRP).
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Document type: Statement
00206BB9DB98190509101147
The Department of Environmental Affairs (DEA) of South Africa responded to a request from the Centre for Environmental Rights (CER) to develop regulations for the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The DEA declined this request, stating that the AQMP is a collaborative plan rather than a regulation and that existing air quality management tools are sufficient. The document also provides a detailed response to the 'Broken Promises' report, outlining progress in air quality governance, monitoring, and intergovernmental cooperation within the HPA.
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Document type: Statement
Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023
The Centre for Environmental Rights (CER) provides detailed comments on the proposed National Water Amendment Bill, focusing on the protection of water source areas, the integration of climate change resilience, and the strengthening of public participation and enforcement mechanisms in water licensing.
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Document type: Statement
SKM_28720070115330
This briefing consists of the Practice Note and Heads of Argument filed by the Centre for Environmental Rights (CER) as an amicus curiae in the Supreme Court of Appeal case Global Environmental Trust & 2 Others vs Tendele Coal Mining (Pty) Ltd & 8 Others. The CER argues that mining operations require both a mining right under the Mineral and Petroleum Resources Development Act (MPRDA) and a separate environmental authorisation under the National Environmental Management Act (NEMA), challenging a lower court's ruling that an approved Environmental Management Plan (EMP) under the MPRDA suffices as environmental authorisation.
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Document type: Briefing
SKM_28720050814180
This document consists of the Appellants' Practice Note and Heads of Argument filed in the Supreme Court of Appeal of South Africa on 8 May 2020. The Appellants, including the Global Environmental Trust and the Mfolozi Community Environmental Justice Organisation, are appealing a High Court judgment that found in favour of Tendele Coal Mining (Pty) Ltd. The appeal centers on whether Tendele's mining operations at the Somkhele Mine were conducted lawfully without specific environmental authorisations under the National Environmental Management Act (NEMA), municipal land use approvals, waste management licences, and permits for the relocation of community graves.
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Document type: Briefing
1.4-annexures-4-29c174f5574f969f.pdf
This document consists of several annexures related to two proposed coal mining projects in Mpumalanga, South Africa: the Lusthof Colliery and the WPB Colliery. The first part is a draft report from 2012 by Dr. Hugo van Zyl for Black Gold Coal Estates (BGCE) regarding the financial provisioning for a Reverse Osmosis Water Treatment Plant (WTP) at Lusthof Colliery, estimating a required provision of approximately R74.42 million to cover construction and 100 years of post-closure operation. The second part contains correspondence and reviews from 2013 to 2015 regarding the WPB Colliery, featuring objections from BirdLife South Africa and technical reviews by Golder Associates. These reviews highlight 'fatal flaws' in the WPB Colliery's water use license application, specifically the lack of adequate acid mine drainage (AMD) assessment, insufficient public participation, and flawed geochemical modelling for pollution mitigation.
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Document type: Report
CER’S COMMENTS ON THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, LISTING NOTICE 1, LISTING NOTICE 2 AND LISTING NOTICE 3 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 FOR ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2) AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AS PUBLISHED IN GOVERNMENT GAZETTE NUMBER 43904 UNDER NOTICE NUMBER 1224 ON 13 NOVEMBER 2020
The Centre for Environmental Rights (CER) provides detailed comments and proposed amendments to the proposed changes to the Environmental Impact Assessment (EIA) Regulations, 2014, and associated Listing Notices. The CER focuses on improving public participation, ensuring comprehensive financial provisioning for environmental rehabilitation, and opposing 'catch-all' listings for extractive industries.
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Document type: Statement
120824-derelict-and-ownerless-mines-fc83b8d63591aa41.pdf
This document is a written reply from the Minister of Mineral Resources to a question from the National Assembly regarding the rehabilitation of abandoned mining sites.
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Document type: Briefing
14.10.2020-reply-to-section-962-application-2be5c4522304e1cf.pdf
This document is an affidavit submitted by Ian Roy Sampson of Shepstone and Wylie Attorneys on behalf of Mineral Sands Resources (Pty) Ltd and Tormin Mineral Sands (Pty) Ltd. The affidavit opposes an application by the Centre for Environmental Rights (CER) to suspend a decision made under Section 102(1) of the Mineral and Petroleum Resources Development Act (MPRDA) that granted a mine extension to the Tormin Mine.
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Document type: Statement
KMBT_C554e-20150727020054
A draft written reply from the South African Minister of Water and Sanitation to a National Assembly question regarding pollution in the Olifants River and its impact on the Kruger National Park.
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Document type: Briefing
KMBT_C554e-20150714015445
A written reply from the Minister of Water and Sanitation of South Africa regarding the enforcement of water pollution legislation and specific pollution cases.
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Document type: Statement
KMBT_C554e-20151214224449
This document is a draft reply from the South African Department of Water and Sanitation to a National Assembly question (No. 4253) regarding the number and qualifications of 'Blue Scorpions' (Environmental Management Inspectors) within its Compliance Monitoring and Enforcement unit.
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Document type: Briefing
KM_C364e-20160804154932
The South African Human Rights Commission (SAHRC) invited the Centre for Environmental Rights to contribute to a National Hearing on the socio-economic challenges of mining-affected communities in South Africa. Following consultations in KwaZulu-Natal, Limpopo, and Mpumalanga, the SAHRC identified systemic issues including regulatory non-compliance, poor enforcement, and limited community consultation. The Commission requested specific expertise on environmental monitoring, the efficacy of Environmental Impact Assessments (EIAs), and the impact of mining on water and ecosystems.
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Document type: Statement
161107-eskom-grounds-of-appeal-3341d66da8c1ef49.pdf
This document is an internal appeal submitted by groundWork, represented by the Centre for Environmental Rights (CER), against the deemed refusal by Eskom Holdings SOC Limited to provide records regarding its compliance with emission standards and the decommissioning of its coal-fired power stations.
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Document type: Statement
Appeal response report
This document is an appeal response report regarding an integrated environmental authorisation (IEA) granted by the Department of Mineral Resources to Mineral Sands Resources (Pty) Ltd (MSR) to extend mining operations at Tormin Mine in the Western Cape, South Africa. The appeal, lodged by Associate Professor Merle Sowman, challenges the approval on the grounds that cumulative impacts of multiple mining applications in the area were not considered and that the proposed mitigation measures are vague and unrealistic.
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Document type: Report
SKM_28720061815070
This document consists of the heads of argument filed on 17 June 2020 by four applicants (including the Mpukunyoni Traditional Council and labor unions) seeking admission as amicus curiae in an appeal before the Supreme Court of Appeal of South Africa. The applicants argue against a proposed interim interdict that would stop the mining operations of Tendele Coal Mining (Pty) Ltd, asserting that such a closure would cause disastrous socio-economic harm to the local community and the South African ferrochrome industry.
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Document type: Briefing
17-06-2021-cer-comments-on-the-draft-asm-policy-2021-f5fc80e02cd7b026.pdf
The Centre for Environmental Rights (CER) provides comments on the draft Artisanal and Small-Scale Mining (ASM) Policy 2021, arguing that ASM operators should be held to the same environmental, water, and health and safety standards as large-scale miners to prevent poverty and inequality caused by environmental degradation.
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Document type: Statement
SKM_28720081714000
This document consists of the practice note, list of authorities, and heads of argument filed by amicus curiae (Mpukunyoni Traditional Council, Mpukunyoni Community Mining Forum, Association of Mine Workers and Constructions Union, and National Union of Mine Workers) in the Supreme Court of Appeal of South Africa. The amicus curiae argue against a prohibitory interdict that would close Tendele Coal Mining (Pty) Ltd's operations, asserting that the socio-economic impact on the community and the South African ferrochrome industry would be disastrous. They urge the court to use its discretion under section 172(1)(b) of the Constitution to grant alternative remedies, such as a structural interdict or a suspension of the interdict, to allow the mine to continue operating while it secures necessary environmental and land-use authorisations.
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Document type: Briefing