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BRIEF OVERVIEW OF POTENTIAL ECOSYSTEM IMPACTS OF MARINE PHOSPHATE MINING IN THE WESTERN CAPE, SOUTH AFRICA
This report, prepared by Jock Currie of the University of Cape Town for WWF South Africa, examines the potential ecological impacts of full-scale marine phosphate mining in the Western Cape, South Africa. It focuses on the risks associated with high-volume dredging technologies, such as Trailing Suction Hopper-Dredges (TSHD), and their effects on benthic, demersal, and pelagic organisms, as well as the overlap between proposed mining areas and critical conservation and fishery zones.
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Document type: Report
MANUAL ISSUED IN TERMS OF SECTION 14 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT NO 2 OF 2000)
This document is a PAIA Manual issued by the South African Department of Mineral Resources and Energy (DMRE). It serves as a guide for the public to exercise their constitutional right of access to information held by the Department, detailing the types of records available, the process for requesting them, and the protections afforded to personal information under the Protection of Personal Information Act (POPIA).
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Document type: Guide
KMBT_754-20201120142850
The Equal Education Law Centre (EELC) submitted this supporting affidavit to the High Court of South Africa to be admitted as an amicus curiae in a case involving a water use licence for a proposed coal mine. The EELC argues that the second respondent's attempt to seek punitive costs against public interest lawyers creates a "chilling effect" that discourages the representation of marginalised actors and threatens access to justice.
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Document type: Statement
SUMMARY OF MAJOR CLIMATE IMPACTS ACROSS THE THREE GEOGRAPHIC AREAS
This fact sheet from the Centre for Environmental Rights outlines projected climate impacts across three geographic areas of South Africa—Limpopo/Lephalale, Emalahleni/Mpumalanga (Highveld), and the Western Cape and coastal regions—across three timeframes from 2021 to 2100, corresponding to temperature increases of 2°C+, 3-4°C, and 4°C+.
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Document type: Fact sheet
00206BF55FFC220803103732
This document is an appeal decision by the Minister of Forestry, Fisheries and the Environment of South Africa regarding the refusal of an Environmental Authorisation (EA) for Karpowership SA (Pty) Ltd's proposed Gas-to-Power via Powership Project at the Port of Richards Bay. The Minister remits the matter back to the Competent Authority (CA) to address material gaps in information and procedural defects in the public participation process.
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Document type: Report
00206BF55FFC220803103048
This document is an appeal decision by the Minister of Forestry, Fisheries and the Environment of South Africa regarding the refusal of an Environmental Authorisation (EA) for Karpowership SA (Pty) Ltd's proposed Gas-to-Power via Powership Project at the Port of Saldanha Bay. The Minister dismissed eight grounds of appeal raised by Karpowership and nine other appellants, upholding the finding that the application was deficient due to material gaps in environmental impact data—specifically regarding underwater noise—and procedural failures in public participation. However, rather than confirming the final refusal, the Minister remitted the matter to the Competent Authority for reconsideration, provided the identified gaps and procedural defects are addressed.
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Document type: Report
MACCSAND (PTY) LTD & MINISTER OF MINERAL RESOURCES v CITY OF CAPE TOWN & OTHERS (CHAMBER OF MINES AS AMICUS CURIAE) (709/2010, 746/2010) [2011] ZASCA 141 (23 September 2011)
This case study details a Supreme Court of Appeal decision regarding the interaction between the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), the Land Use Planning Ordinance 15 of 1985 (LUPO), and the National Environmental Management Act 107 of 1998 (NEMA). The court ruled that the MPRDA does not override municipal land use regulations under LUPO, but it declined to rule on the relationship between the MPRDA and NEMA due to a technicality involving the repeal of specific listing notices.
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Document type: Case study
minister-of-environmental-affairs-a99fe867c50029ea.pdf
This document consists of a practice note and legal submissions filed by the National Minister of Water and Environmental Affairs to the Constitutional Court of South Africa. The submissions argue that holders of mining rights or permits granted under the Mineral and Petroleum Resources Development Act (MPRDA) are not exempt from obtaining separate environmental authorisations under the National Environmental Management Act (NEMA) for listed activities.
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Document type: Briefing
mtpa-notice-of-intention-to-abide-03042017-67a63f8039605909.pdf
A legal notice filed in the High Court of South Africa (Mpumalanga Division) stating that the First Respondent, the Information Officer of the Mpumalanga Tourism and Parks Agency (MTPA), intends to abide by the court's decision in Case No: 487/2017.
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Document type: Statement
National Environmental Compliance & Enforcement Report 2007-8
The National Environmental Compliance & Enforcement Report 2007-8 details the activities of Environmental Management Inspectors (EMIs) in South Africa from 1 April 2007 to 31 March 2008. It reports a significant increase in arrests and convictions compared to the previous year, though it notes that these figures are partly due to previous underreporting. The report covers national and provincial statistics, specific industrial non-compliance findings in the steel and refinery sectors, wildlife crime enforcement, and judicial training initiatives.
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Document type: Report
nick-helme-supporting-expert-affidavit-6b249e74aed5fed0.pdf
This document is a supporting expert affidavit and accompanying specialist botanical input statement by Nicholas Helme, a botanical consultant, submitted in a legal matter involving the Centre for Environmental Rights (CER) and several respondents, including the South African Minister of Environment, Forestry and Fisheries. Helme argues that the environmental impact assessments for the MSR Tormin mining extension were flawed due to inadequate botanical surveys, leading to an understatement of the area's botanical sensitivity and a failure to apply the precautionary principle.
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Document type: Statement
notice-of-withdrawal-filed-201704250840-b2fd3a041e3e26ff.pdf
A legal notice filed by the Centre for Environmental Rights on April 18, 2017, announcing the withdrawal of Case No: 487/2017 from the High Court of South Africa (Mpumalanga Division, Nelspruit).
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Document type: Statement
VALUING THE SOCIO-ECONOMIC CONTRIBUTION OF FISHERIES AND OTHER MARINE USES IN SOUTH AFRICA
This report assesses the socio-economic value of South Africa's commercial fisheries—which generated R8.0 billion in wholesale value in 2013—against the potential impacts of marine phosphate mining. It highlights a significant spatial overlap between proposed mining areas and hake and small-pelagic fishing grounds, warning that sediment plumes and exclusion zones could threaten the industry's sustainability and employment.
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Document type: Report
STOP TREADING WATER: WHAT CIVIL SOCIETY CAN DO TO GET WATER GOVERNANCE IN SOUTH AFRICA BACK ON TRACK
This report by the Centre for Environmental Rights (CER) identifies systemic failures in South Africa's water governance and provides a strategic framework for civil society to intervene. It highlights critical gaps in the implementation of the National Water Act (NWA), the failure to roll out catchment management institutions, and severe capacity constraints within the Department of Water Affairs (DWA). The document recommends a combination of legal advocacy, institutional reform, and the introduction of administrative penalties to improve compliance and ensure the progressive realisation of constitutional rights to water.
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Document type: Report
supporting-affidavit-2-merle-sowman-8a4a8a06f57f4be6.pdf
This supporting expert affidavit, submitted by Associate Professor Merle Sowman, argues that the Environmental Impact Assessment (EIA) for the proposed extension of the Tormin Mine by Mineral Sands Resources (Pty) Ltd (MSR) failed to adequately assess cumulative environmental and socio-economic impacts. Sowman contends that assessing applications on an ad hoc basis ignores the broader scale of MSR's regional mining plans and calls for a Strategic Environmental Assessment (SEA) to prevent irreversible damage to critical biodiversity areas and sensitive coastal ecosystems.
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Document type: Statement
zo-1-594dbe4b87f071ba.pdf
The Centre for Environmental Rights (CER) submitted a formal request to the South African Minister of Mineral Resources and Energy to suspend a decision granting Mineral Sands Resources (Pty) Ltd (MSR) an amendment to expand the Tormin Mine on the West Coast. The CER argues that the expansion occurs in Critical Biodiversity Areas and was approved without public participation or adequate assessment of cumulative environmental impacts.
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Document type: Statement
zo-23-3a29e880adb0a999.pdf
This briefing document is a recommendation to the Deputy Director-General of the Department of Mineral Resources and Energy to approve amendments to mining rights held by Mineral Sands Resources (Pty) Ltd and Tormin Mineral Sands (Pty) Ltd. The proposed changes include adding magnetite as a mineable mineral and extending the mining area for Mineral Sands Resources (Pty) Ltd in the Magisterial District of Van Rhynsdorp.
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Document type: Briefing
zo-25-1a514bcfd9de04e7.pdf
Mineral Sands Resources (Pty) Ltd has applied for consent under section 102 of the Mineral and Petroleum Resources Development Act (MPRDA) to expand the mining area of the Tormin Mine in the Western Cape. The request includes adding the 'Northern 10 Beaches', an inland 'Strand' line area, and infrastructure for a Mineral Separation Plant.
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Document type: Report
zo-27-5b1e25380a853e4a.pdf
This briefing informs the Minister of Forestry, Fisheries and the Environment regarding four appeals against an Integrated Environmental Authorisation (IEA) granted on 7 June 2019 to Mineral Sands Resources (Pty) Ltd for heavy mineral mining in the Western Cape Province. The briefing recommends dismissing three of the appeals and upholding one (excluding grounds regarding map accuracy), which would result in a variation of the original IEA.
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Document type: Briefing
zo-29-d4a11da25e74ab08.pdf
This document is a Record of Recommendation (ROR) from the Mine Environmental Management sub-directorate to the Regional Manager of Mineral Regulation in the Western Cape Region. It recommends granting an Integrated Environmental Authorisation (IEA) to Mineral Sands Resources (Pty) Ltd for the mining of heavy minerals across several farms and beaches in the Vanrhynsdorp Magisterial District.
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Document type: Report