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YZERMYN 96 REGISTRATION DIVISION HT: PORTION 1, MPUMALANGA PROVINCE APPLICATION FOR A CHANGE IN LAND USE NOTICE OF APPEAL
A notice of appeal filed on 8 January 2019 by a mining company against a decision by the Dr. Pixley Ka Isaka Seme Local Municipality's Joint Municipal Planning Tribunal. The Tribunal had dismissed the company's land use application on the grounds of lack of locus standi. The appellant argues that the decision ignored national law (SPLUMA) and violated procedural fairness under PAJA.
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Document type: Statement
GRIEVANCES ABOUT THE PARTICIPATION OF THE CENTRE FOR ENVIRONMENTAL RIGHTS
The Centre for Environmental Rights (CER) issued this formal response on 16 August 2018 to a memorandum of grievances from The Voice Community Representative Council regarding legal challenges against a proposed coal mine by Atha-Africa Ventures (Pty) Ltd. CER clarifies its role as a non-profit law clinic representing eight civil society organisations, denies representing local farmers or specific agencies, and outlines the environmental and socio-economic risks associated with the proposed mine in a protected area.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
The Centre for Environmental Rights (CER) submitted a response on 16 July 2018 to the Dr Pixley Ka Isaka Seme Local Municipality, reiterating objections to a land-use change application for a proposed mine. The CER argues that the subject property is a high-priority conservation area and that the Municipality has the legal authority and obligation under the Spatial Planning and Land Use Management Act (SPLUMA) to consider environmental and water impacts, despite claims to the contrary by the applicant's agent.
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Document type: Statement
APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA)
This document is a formal response from a land development applicant, submitted by Peter Dacomb of The Practice Group, to the Dr Pixley Ka Isaka Seme Local Municipality. The response addresses various objections and letters of support regarding an application to change the land use of Portion 1 of the farm Yzermyn 96 HT from agricultural to mining and related purposes under the Spatial Planning and Land Use Management Act, 2013 (SPLUMA) and the 2016 Municipal By-law.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the proposed Yzermyn Underground Coal Mine.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the Yzermyn Underground Coal Mine. The objectors argue that the project would cause irreparable harm to a strategic water source area, threaten biodiversity in the Mabola Protected Environment, and negatively impact vulnerable local communities, while failing to comply with municipal spatial development frameworks and national interest requirements under the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER) submitted a formal statement to the Dr Pixley Ka Isaka Seme Local Municipality challenging a land use application for Portion 1 of the Farm Yzermyn 96 HT. The CER argues that the application for rezoning is legally flawed because no town-planning scheme exists for the area, and that the process has failed to meet statutory requirements for public notice and inspection.
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER), representing several environmental and community organizations, submitted a formal objection to a rezoning application for Portion 1 of the farm Yzermyn 96 HT. The CER argues that the public notice for the rezoning was legally deficient and that the Dr Pixley Ka Isaka Seme Local Municipality failed to provide access to the application documents, hindering the clients' ability to submit detailed objections.
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Document type: Statement
2-cc55912e4e35173b.pdf
This legal document, submitted by the Centre for Environmental Rights (CER) on behalf of a Coalition, challenges the rezoning of the Yzermyn 96 HT farm from agricultural to mining purposes. The document details the environmental sensitivity of the Wakkerstroom area, the potential for irreparable harm to water resources and biodiversity, and the limited socio-economic benefits of the proposed Atha coal mine compared to the risks to local subsistence farmers and the eco-tourism economy.
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Document type: Report
6-9bf69c53679fa3d1.pdf
This report presents the Environmental Management Framework (EMF) and Strategic Environmental Management Plan (SEMP) for the Dr Pixley Ka Isaka Seme Local Municipality (PKISLM) in Mpumalanga, South Africa. Developed by SRK Consulting and BKS, the document provides a spatial and descriptive analysis of the region's environmental attributes—including biodiversity, water resources, and geology—to guide sustainable land-use planning and decision-making. It integrates legal frameworks, stakeholder recommendations, and socio-economic data to establish environmental management zones that balance development with the conservation of critical ecosystems, particularly the grassland biome and various wetland systems.
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Document type: Report
7-e3681c85ab0a5935.pdf
This document consists of two primary components: an Environmental Management Framework (EMF) and a Spatial Development Framework (SDF) for the Dr Pixley Ka Isaka Seme Local Municipality (PKISLM). The EMF establishes seven Environmental Management Zones (EMZs) to guide sustainable development by identifying preferred and undesirable land uses based on environmental sensitivities. The SDF provides broad spatial policy guidelines to manage regional growth, balancing economic development—particularly in agriculture, trade, and community services—with the conservation of critical grasslands and wetlands.
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Document type: Report
8-0e1aeb0cd51fd598.pdf
The document contains a strategic plan for expanding protected areas in Mpumalanga province from 2009 to 2028, alongside legal correspondence and objections regarding a proposed coal mine by Atha-Africa Ventures (Pty) Ltd on Portion 1 of the farm Yzermyn 96 HT. The strategy prioritizes the Grassland Biome for conservation, while the legal disputes center on the environmental risks to the Mabola Protected Environment and the alleged failure of the mining application to follow the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Report
majuba-ael_23jun15-bf0219a23d0d4e31.pdf
This document is an Atmospheric Emission Licence (AEL) issued on 23 June 2015 by the Gert Sibande District Municipality to Eskom Holdings SOC Limited for the Majuba Power Station. The licence, granted under the National Environmental Management: Air Quality Act, 2004, serves as a provisional transfer from an APPA registration certificate to an AEL and is valid for a period not exceeding 12 months.
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Document type: Statement
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
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
the-voice-memorandum-of-grievances-26.7.2018-16bf5c2554f24999.pdf
The Voice Community Representative Council, an NPO representing communities in the Dr. Pixley Ka Isaka Seme Municipality, issued a memorandum of grievances to the Centre for Environmental Rights (CER) on July 26, 2018. The document accuses CER and its coalition of using environmental protection as a pretext to block the Yzermyn mining project by Atha Africa Ventures, thereby perpetuating economic and racial inequality and poverty for the local black community.
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Document type: Statement
the-voice-reply-to-cer-26.6.2018-8a1988e188664b87.pdf
A letter from Thabiso Nene, Chairperson of The Voice Community Representative Council, to the Centre for Environmental Rights confirming the organization's role in inviting a public debate regarding a proposed coal mining project near Wakkerstroom.
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Document type: Statement