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APPLICANTS’ PRACTICE NOTE
This practice note outlines a legal application in the High Court of South Africa, Mpumalanga Division, seeking to review and set aside decisions regarding a land use change from agriculture to mining on Portion 1 of the farm Yzermyn 96.
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Document type: Briefing
APPLICANTS’ PRACTICE NOTE
This Applicants' Practice Note for Case No. 1322/2021 in the High Court of South Africa (Mpumalanga Division) outlines a legal application to review and set aside a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs, Mpumalanga to exclude four properties from the Mabola Protected Environment.
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Document type: Briefing
KM_C654e-20170203144023
The South African Department of Environmental Affairs issued an amendment to the Environmental Authorisation (EA) dated 31 October 2013 for the construction of the 450 MW Khanyisa coal-fired power station in Emalahleni, Mpumalanga. The amendment updates the project applicant and the specific farm portions designated for the project site and ash disposal site.
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Document type: Statement
arcelormittal-newcastle-decision-applicant-9d9900b06cf24d5f.pdf
A letter from the South African Department of Environmental Affairs to ArcelorMittal South Africa Limited (Newcastle Steel Works) detailing the National Air Quality Officer's decisions regarding applications for alternative limits and the postponement of compliance time-frames for minimum emission standards under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
00206BBA608D200323172756
A statement from the South African Department of Environmental Affairs to the Amajuba District Municipality regarding the application by ArcelorMittal South Africa Limited (Newcastle Steel Works) for alternative limits or postponed compliance with the National Environmental Management: Air Quality Act 39 of 2004 minimum emission standards.
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Document type: Statement
KM_C654e-20190503152747
This document is a Pollution Prevention Plan submitted by ArcelorMittal South Africa Limited (AMSA) to the South African Minister of Environmental Affairs on 21 December 2017. The plan covers the period from 21 July 2017 to 31 December 2020 and outlines AMSA's greenhouse gas (GHG) emissions and potential mitigation measures in accordance with regulations promulgated on 21 July 2017.
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Document type: Report
00206BBA608D200323172746
A decision letter from the South African Department of Environmental Affairs granting ArcelorMittal South Africa Limited (Pretoria Steel Works) a suspension of compliance time-frames for specific minimum emission standards under the National Environmental Management: Air Quality Act 39 of 2004 for the period from 1 April 2020 to 31 March 2030.
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Document type: Statement
00206BBA608D200323172733
A statement from the South African Department of Environmental Affairs granting ArcelorMittal South Africa Limited (Pretoria Steel Works) a suspension of compliance time-frames for certain minimum emission standards under the National Environmental Management: Air Quality Act 39 of 2004 for the period from 1 April 2020 to 31 March 2030.
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Document type: Statement
00206BBA608D200323174724
A decision by the South African Department of Environmental Affairs granting ArcelorMittal South Africa Limited (Vanderbijlpark Steel Works) postponements for compliance with minimum emission standards for several plant components from 1 April 2020 to 31 March 2025, while declining requests for alternative limits.
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Document type: Statement
00206BBA608D200323175100
A decision letter from the South African Department of Environmental Affairs to the Sedibeng District Municipality regarding the application by ArcelorMittal South Africa Limited (Vanderbijlpark Steel Works) for alternative emission limits or postponed compliance time-frames under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
arnot-additional-information-453d2e34c428bec3.pdf
This document is a formal response from Eskom to the South African Department of Environmental Affairs (DEA) regarding an application to postpone compliance with Minimum Emission Standards (MES) for the Arnot Power Station. It provides specific stack emission limits, outlines Eskom's lack of plans to upgrade the station for certain pollutants, and presents ambient air quality monitoring data from the Hendrina station.
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Document type: Statement
KM_C554e-20150213193137
A 2015 letter from the South African Department of Environmental Affairs to Eskom regarding the Arnot Power Station's application for postponement of compliance with the National Environmental Management: Air Quality Act 39 of 2004 minimum emission standards.
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Document type: Statement
atha-affidavit-in-response-to-cer-a155-2019-served-2020-09-28-cd111bb9747134c6.pdf
This document is an affidavit filed by Praveer Tripathi, Senior Vice President of Atha-Africa Ventures (Pty) Ltd (now Uthaka Energy), in the High Court of South Africa. The affidavit responds to a filing by the Centre for Environmental Rights (CER), alleging that the CER and its attorney, Catherine Horsfield, have a conflict of interest because they are acting as both legal representatives for environmental groups and as activists with their own agenda to stop coal mining. Tripathi details a decade of litigation and media campaigns led by the CER to obstruct Atha-Africa's coal-mining project in the Mabola Protected Environment, arguing that these actions follow a global 'disrupt and delay' strategy used by environmental NGOs to make fossil fuel projects unviable.
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Document type: Statement
KM_C554e-20170329090432
A letter from the Minister of Water and Sanitation of the Republic of South Africa to Mr. Praveer Tripathi regarding the lifting of a license suspension.
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Document type: Statement
atha-africa-replying-submission-in-terms-of-regulation-747-of-the-mprda-regulations-8-august-2019-70752ba425e764ac.pdf
This document is a replying submission by Atha-Africa Ventures (Pty) Ltd to the Director-General of the Department of Mineral Resources. It responds to an administrative appeal lodged by a coalition of environmental organisations against the approval of the Environmental Management Programme (EMP) for the Yzermyn Underground Coal Mine Project.
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Document type: Statement
WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017
This document is a written response from Atha-Africa Ventures (Pty) Ltd (the Second Respondent) to a substituted appeal submitted on 1 December 2017. The appeal, lodged by the Endangered Wildlife Trust, the Federation for a Sustainable Environment, and Mpumalanga Landbou/Agriculture, challenges the Director-General of the Department of Water and Sanitation's decision to grant a water use licence for the Yzermyn Project. Atha-Africa argues that the Appellants rely on outdated reports and a misunderstanding of the precautionary principle, asserting that the project's environmental impacts are localised, manageable through mitigation, and balanced by significant socio-economic benefits.
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Document type: Statement
b-confirmatory-affidavit-thomas-mnguni-complete-1f7d4f6a6cca4356.pdf
This document is a confirmatory affidavit signed by Thomas Mnguni, a Community Campaigner for the non-profit organisation groundWork, in support of a legal matter involving environmental justice movements and various South African government ministers and officials.
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Document type: Statement
BAREKI & ANOTHER V GENCOR LTD & OTHERS 2006 (1) SA 432 (T)
This fact sheet analyzes the case of Bareki & Another v Gencor Ltd & Others 2006 (1) SA 432 (T), focusing on the retrospective application of the National Environmental Management Act 107 of 1998 (NEMA) and the continuity of environmental rehabilitation obligations under repealed mining legislation.
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Document type: Fact sheet
MR BIRDLIFE SOUTH AFRICA’S RESPONSE TO WILLIAM PATRICK BOWER PTY LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of BirdLife South Africa, argues that a mining right granted to William Patrick Bower Pty Ltd (WPB) should be set aside. The document contends that WPB's replying submission was filed late and introduced new, unauthorized mine layout plans and hydrogeochemical data that were not available to the decision-maker at the time of the grant. BirdLife South Africa further asserts that the mining area contains endangered ecosystems and irreplaceable biodiversity, contradicting claims made by WPB.
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Document type: Statement
Building Trust for Transition: DBSA's Impact on Local Community Trusts in South Africa's Renewable Energy Sector
This case study examines the role of the Development Bank of Southern Africa (DBSA) in financing and overseeing Local Community Trusts (LCTs) within South Africa's Renewable Energy Independent Power Producer Procurement Programme (REIPPPP). It analyzes the structural and governance challenges that often lead to the failure of LCTs, contrasts these with successful examples like the Sibona, Letsatsi, and Amandla trusts, and provides a comprehensive set of best practices and recommendations for development finance institutions (DFIs) and other stakeholders to ensure equitable benefit-sharing in the energy transition.
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Document type: Case study