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Review of the Yzermyn Financial Provision for the Centre for Environmental Rights Report
The report finds that Atha-Africa Ventures' financial provisions for the Yzermyn coal mine are incomplete and significantly underestimated. GCS Water and Environment identifies critical omissions, including costs for wetland rehabilitation, wetland offsetting, and the construction and operation of a wastewater treatment plant (WWTP) to manage post-closure decant. GCS estimates that the 2020 financial provision provided by Atha-Africa is less than one-quarter of the realistic costs required. The report emphasizes that the mine's location within the Mabola Protected Area and its impact on sensitive headwater wetlands necessitate a full-scale revision of closure and water management costs to ensure long-term environmental protection.
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Document type: Report
GRIEVANCES ABOUT THE PARTICIPATION OF THE CENTRE FOR ENVIRONMENTAL RIGHTS
The Centre for Environmental Rights (CER) and a coalition of eight civil society organisations defend their legal opposition to a proposed coal mine by Atha-Africa Ventures (Pty) Ltd. CER argues that the mine would threaten a Strategic Water Source Area and a protected environment, while asserting that coal mining in Mpumalanga has historically failed to alleviate poverty or provide sustainable local employment. The document clarifies that CER does not represent local farmers or WWF-SA and disputes claims that its actions are 'anti-development', citing the constitutional right to a healthy environment.
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Document type: Statement
INVITATION TO PRESENT ON THE SOCIAL, ECONOMIC AND ENVIRONMENTAL IMPACTS AND REMEDIATION OF A PROPOSED COAL MINING PROJECT NEAR WAKKERSTROOM
The Centre for Environmental Rights (CER) has declined an invitation to debate the merits of legal challenges against a proposed coal mine by Atha-Africa Ventures Pty Ltd in a forum proposed by The Voice Community Representative Council. CER and its coalition of eight non-profit organisations oppose the mine because it is located within a declared protected area and a strategic water source area, which they argue would threaten South Africa's water security with non-mitigatable damage. While acknowledging the need for job creation, CER highlights the historical devastation of health and livelihoods caused by coal mining in the Mpumalanga Highveld. Instead of the proposed forum, CER invited The Voice to a meeting in Emalahleni, Mpumalanga, to view the impacts of existing mining and hear presentations on their opposition.
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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
IWULA, IWUL and Specialist Review
The review finds that the IWUL was issued based on inadequate specialist studies that failed to identify all potential impacts, particularly regarding groundwater-wetland interlinkages and post-closure mine water decant. It argues that the license conditions are too general and fail to incorporate specific mitigation measures. Additionally, the document assesses the socio-economic landscape of the project area, highlighting the vulnerability of farm tenants and the need for comprehensive skills development and resettlement plans to mitigate negative social impacts.
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Document type: Report
IWULA, IWUL and Specialist Studies Review of the proposed Yzermyn Colliery Mpumalanga
The review concludes that the specialist reports for the Yzermyn underground coal mine are insufficient, failing to identify all environmental impacts and the interconnection between hydrogeology, hydrology, and wetlands. Consequently, the issued IWUL lacks sufficient conditions to mitigate impacts to an acceptable standard. Key failures include a low-confidence groundwater model (Class 1) that cannot quantify seasonal variations, a lack of field-based wetland delineation for the underground mining area, and the absence of a post-closure water treatment cost analysis. The report highlights that mine dewatering will likely cause significant drawdown in shallow and deep aquifers, potentially drying up high-value wetlands and springs, while post-closure acid mine drainage (AMD) and contaminant plumes remain unsimulated and unquantified.
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Document type: Report
APPELLANTS’ SUBMISSIONS IN THE APPEAL ON 15 TO 17 AUGUST 2017
This document contains the legal and technical submissions made by a coalition of eight appellants (including Earthlife Africa Johannesburg and BirdLife South Africa) on August 14, 2017, appealing an environmental authorisation (EA) granted to Atha-Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine in Mpumalanga, South Africa.
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Document type: Report
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
Request to DEA for correspondence between the Atha-Africa Ventures (Pty) Ltd relating to the planned Yzermyn in the Mabola Protected Environment
The Centre for Environmental Rights (CER) submitted a request to the Department of Environmental Affairs (DEA) on 7 December 2016 for records concerning the proposed Yzermyn underground coal mine in the Mabola Protected Environment.
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Document type: Statement
IWULA, IWUL and Specialist Investigation Review of the Yzermyn Colliery Mpumalanga
The review finds that the specialist studies for the Yzermyn underground coal mine are materially incomplete, particularly regarding hydrogeology, wetlands, and hydrology. The groundwater model is classified as low confidence (Class 1), failing to account for seasonal variations or the specific characteristics of dolerite sills, dykes, and faults. This leads to an underestimation of impacts on groundwater-dependent ecosystems, including the potential drying up of springs and wetlands. Hydrological assessments are based on outdated layouts and fail to adhere to General Notice 704 regarding flood line Exclusion Zones. Consequently, the report argues that the issued IWUL lacks sufficient conditions to mitigate environmental risks to an acceptable standard.
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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
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 Environmental Impact Assessment Report & Environmental Management Programme, and Environmental Authorisation, for Yzermyn underground coal project
The review concludes that the Yzermyn underground coal project's EIAR and EMPr are of poor quality, failing to address critical concerns from the Department of Environmental Affairs (DEA), Department of Water Affairs (DWA), and Department of Mineral Resources (DMR). The author argues that the project poses high risks to 'irreplaceable' biodiversity and water resources, specifically regarding acid mine drainage and the drawdown of wetlands. The review asserts that the competent authority ignored these risks and the NEMA principles when granting environmental authorisation, focusing only on surface footprint rather than landscape-scale impacts.
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Document type: Report
Review of Environmental Impact Assessment Report & Environmental Management Programme, and Environmental Authorisation, for Yzermyn underground coal project
The review concludes that the Yzermyn underground coal project's EIAR and EMPr are of poor quality, failing to address critical concerns raised by the Department of Environmental Affairs (DEA), Department of Water Affairs (DWA), and Department of Mineral Resources (DMR). Key failures include the lack of updated specialist studies for the 'best environmental option', inadequate assessment of acid mine drainage (AMD) and its long-term decant risks, and a failure to account for cumulative impacts on 'irreplaceable' biodiversity and water resources. The reviewer asserts that the project's focus on surface 'footprint' impacts ignores wider landscape-scale damage to Freshwater Ecosystem Priority Areas (FEPAs) and the Grassland Important Bird Area. Furthermore, the review finds that the Environmental Authorisation was granted despite these deficiencies, relying on misleading information and failing to apply the NEMA principles of sustainable development.
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Document type: Report
Review of the groundwater documemtation related to the proposed Yzermyn Colliery
The review identifies significant contradictions and scientific gaps in the groundwater and wetland assessments for the proposed Yzermyn Colliery. It argues that the mine is likely to decant post-closure and that the dewatering process will affect groundwater-dependent ecosystems and springs. The author criticizes the amended EIAR for making scientifically unproven claims about the limited impact on wetlands and the speed of stabilization, while noting that the EcoPartners report on downstream water usage is poorly motivated and fails to quantify key impacts.
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Document type: Report
Review of the groundwater documemtation related to the proposed Yzermyn Colliery
The review identifies significant scientific gaps and contradictions in the groundwater and wetland assessments for the proposed Yzermyn Colliery. Key concerns include the underestimation of drawdown effects on sensitive wetlands, the likelihood of post-closure mine decant with high sulphate levels, and contradictions in wetland sensitivity ratings. The author argues that current models fail to quantify impacts on groundwater-dependent ecosystems and downstream users, recommending further field work and more comprehensive numerical modelling.
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Document type: Report
Review of the groundwater documemtation related to the proposed Yzermyn Colliery
The review identifies significant contradictions and scientific gaps in the groundwater and wetland assessments for the proposed Yzermyn Colliery. It argues that the mine is likely to decant acidic water and that the drawdown of the shallow aquifer will negatively impact groundwater-dependent ecosystems and wetlands, contradicting claims in the amended EIAR that such impacts would be limited or mimic drought conditions.
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Document type: Report
NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002
This document is a formal notice of appeal filed on 30 March 2015 by eight environmental organisations, represented by the Centre for Environmental Rights, against the granting of mining right MP30/5/1/2/2/1/0069MR to Atha-Africa Ventures (Pty) Ltd (AAV). The appeal seeks to set aside the right and suspend its operation, arguing that the proposed Yzermyn underground coal mine is located in the Mabola Protected Environment and the Wakkerstroom Wetlands Area, regions of irreplaceable biodiversity and critical hydrological importance.
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Document type: Statement