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NOTICE OF PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 of 2000 (“THE ACT”) IN RESPECT OF THE TRANSFER OF PROVISIONAL ATMOSPHERIC EMISSION LICENCE (LICENCE NO. 17/4/AEL/MP312/14/20) FROM ANGLO OPERATIONS (PTY) (LTD) TO ACWA POWER KHANYISA THERMAL POWER STATION RF (PTY) LTD FOR THE PROPOSED INDEPENDENT POWER PRODUCER KHANYISA POWER STATION (PROJECT NO. 111415) NEAR EMALAHLENI, MPUMULANGA PROVINCE
The Centre for Environmental Rights, acting on behalf of groundWork, has filed a provisional appeal under Section 62 of the Local Government Municipal Systems Act 32 of 2000 regarding the transfer of a provisional atmospheric emission licence (PAEL) for the proposed Khanyisa coal-fired power station.
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Document type: Statement
PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000
This document is a provisional appeal filed on 13 November 2017 by groundWork, represented by the Centre for Environmental Rights, against the transfer of a provisional atmospheric emission licence (PAEL) for the Khanyisa coal-fired power station. The appellant argues that the transfer from Anglo Operations (Pty) Ltd to ACWA Power Khanyisa Thermal Power Station RF (Pty) Ltd is invalid because the licence does not reflect the project's increased capacity of 600MW, fails to account for cumulative air quality impacts in the Highveld Priority Area, and was processed without required public participation or valid delegation of authority.
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Document type: Statement
BROKEN PROMISES
The report concludes that the Highveld Priority Area (HPA) has failed to improve air quality over the decade since its 2007 declaration. Despite the 2012 air quality management plan, ambient air quality remains out of compliance with health-based standards, largely due to industrial non-compliance and government failure in monitoring and enforcement. The authors highlight a deterioration in the monitoring network, inadequate dust control for mining, and a lack of resources and skilled staff within local municipalities. The report specifically criticizes the National Air Quality Officer for granting compliance postponements to major polluters Eskom and Sasol, arguing that this has hindered pollution reduction and violated the constitutional rights of residents.
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Document type: Report
APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS
This document is a legal submission by groundWork, represented by the Centre for Environmental Rights, appealing to the Minister of Environmental Affairs to extend the deadline for filing an appeal against the environmental authorisation of the ACWA Power Khanyisa Thermal Power Station. The appellant argues that the authorisation is unlawful because it lacked a comprehensive climate change impact assessment, a requirement recently affirmed by the High Court in the Thabametsi judgment.
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Document type: Statement
NOTICE OF INTENTION TO APPEAL AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AND THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 FOR THE ESTABLISHMENT OF A 600MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE – IPP KHANYISA POWER STATION NEAR EMALAHLENI, MPUMULANGA PROVINCE.
A notice of intention to appeal submitted by groundWork, represented by the Centre for Environmental Rights, against the integrated Environmental Authorisation for the 600MW IPP Khanyisa coal-fired power station near Emalahleni, Mpumalanga Province.
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Document type: Statement
Coal mining threatens people’s access to water in Mpumalanga, South Africa
Coal mining in Mpumalanga, South Africa, has severely contaminated water sources and degraded land, leading to health issues and increased poverty. Women are disproportionately affected due to their roles as caregivers, facing increased labor, economic instability, and risks of violence. Despite national and international legal frameworks, the document argues that economic interests and a lack of enforcement allow mining companies to operate with impunity.
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Document type: Case study
REQUEST FOR THE DEPARTMENT OF HEALTH TO PARTICIPATE AS A STAKEHOLDER IN THE HIGHVELD PRIORITY AREA MULTI-STAKEHOLDER REFERENCE GROUP MEETINGS
The Centre for Environmental Rights (CER) and groundWork are urging the South African Department of Health to join the Highveld Priority Area (HPA) Multi-Stakeholder Reference Group (MSRG). They argue that the Department of Health's involvement is critical given the severe health burden caused by air pollution in the HPA, particularly from Eskom's coal-fired power stations. The document cites data suggesting thousands of premature deaths and significant IQ loss due to mercury emissions, as well as the economic costs of these health impacts, to justify the need for health officials to collaborate on air quality solutions.
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Document type: Statement
HPA REVIEW QUESTIONNAIRE TO DETERMINE WHETHER AIR QUALITY IN THE NKANGALA DISTRICT MUNICIPALITY HAS IMPROVED SINCE 2007
The Centre for Environmental Rights (CER) is conducting a "mini shadow review" to evaluate the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP) within the Nkangala District Municipality (NDM). The CER seeks to identify resource gaps and determine if air quality in areas such as eMalahleni and Middelburg has improved since the HPA was declared in 2007. The questionnaire focuses on regulatory clarity, financial and human resource capacity, dust reduction measures, emissions from domestic coal burning, and industrial pollutant and greenhouse gas reductions. The CER notes that data from the DEA/South African Weather Service between 2009 and 2015 suggests that "exceedances of ambient air quality standards have increased slightly" and that equipment malfunctions have created data gaps.
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Document type: Statement
NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN
The Nkangala District Municipality Air Quality Management Plan assesses air quality across six local municipalities, identifying significant pollution from industrial point sources, domestic fuel burning, and mining. It details ambient air quality exceedances for PM10, SO2, and NOx, identifies specific 'hot spots' such as eMalahleni and Middelburg, and outlines a comprehensive implementation plan to improve government capacity and reduce emissions by 2020.
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Document type: Report
Joint Media Statement by Civil Society Coalition on the MPRDA: Minister Ramatlhodi chooses a dangerous path
A coalition of civil society organisations condemns the South African Minister of Mineral Resources for prioritising corporate interests over the rights and health of mining-affected communities. The statement highlights widespread protests across multiple provinces due to pollution, socio-economic hardship, and the exclusion of communities from the legislative process regarding the Mineral and Petroleum Resources Development Act (MPRDA). The coalition warns that rushing the Amendment Bill without genuine consultation will lead to further instability and constitutional challenges, while also noting the impact of illicit financial flows by multinational mining companies.
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Document type: Statement
N4 toll concession
The N4 toll road is a 30-year, $466 million infrastructure PPP connecting Witbank, South Africa, to Maputo, Mozambique. While traffic volumes have proven sufficient to sustain the project, the private partner, Trans African Concessions, faced significant political instability in South Africa's Mpumalanga province, bureaucratic delays in environmental authorizations, and public opposition to toll fees. To mitigate these, the company implemented tiered pricing based on national wealth disparities, conducted information campaigns, and lobbied government officials. Current efforts include the planned development of a $20 million one-stop border facility at Komatipoort/Ressano Garcia to reduce cargo congestion.
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Document type: Case study
THE governments of Mozambique and South Africa signed a R3 billion, 30-year concession in 1996 for a private consortium, Trans-African Concessions (TRAC), to build and operate the N4 toll road from Witbank, South Africa to Maputo, Mozambique.
The N4 toll road was established via a 30-year, R3 billion concession signed in 1996 between South Africa and Mozambique, operated by Trans-African Concessions (TRAC). The project utilized a financing structure of 20% equity and 80% debt, with the latter guaranteed by both governments. To manage user payment risks in Mozambique, TRAC implemented cross-subsidization using revenues from the South African section and provided discounts to regular Mozambican users. The road acted as a catalyst for further regional investment, including the Maputo Port and the Mozal aluminium smelter.
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Document type: Case study
KM_C554e-20160226162717
A statement from the South African Department of Environmental Affairs amending an Environmental Authorisation (EA) issued on 31 October 2013. The amendment concerns the realignment of road D255 for the 450 MW Khanyisa Coal Fired Power Station in Emalahleni, Mpumalanga Province.
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Document type: Statement
KM_C554e-20180912161209
This document consists of a letter from the South African Department of Water and Sanitation to the Centre for Environmental Rights (CER) and a formal petition from ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Ltd. ACWA Power is requesting that the Minister of Water and Sanitation uplift the automatic suspension of its Integrated Water Use Licence (IWUL), which was suspended following an appeal lodged by the CER on behalf of groundWork.
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Document type: Statement
SUBMISSIONS ON THE REVISED DRAFT AIR QUALITY MANAGEMENT PLAN “ANNEXURE 2”
The Centre for Environmental Rights (CER) submitted comments on the revised draft Air Quality Management Plan (AQMP) for the Nkangala District Municipality (NDM). The CER argues that the plan is overly ambitious given the NDM's lack of capacity and resources, fails to align with the Highveld Priority Area (HPA) AQMP, and contains significant technical errors in its air quality modelling and data.
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Document type: Statement
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
duvha-additional-information-1e8f415b07328ba8.pdf
This briefing, sent by Eskom to the Department of Environmental Affairs (DEA) on 17 July 2014, provides additional information to support Eskom's application to postpone compliance with Minimum Emission Standards (MES) for the Duvha Power Station. The document focuses on ambient air quality monitoring data from three stations—Komati, Middelburg, and Witbank—and references an Atmospheric Impact Report regarding health and environmental assessments.
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Document type: Briefing
khanyisa-ael-reduced-size-4883bbbc238ddcf0.pdf
This document is a Provisional Atmospheric Emission Licence (AEL) and the accompanying decision letter issued by the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs to Anglo Operations (Pty) Ltd for the Khanyisa Power Plant. The licence authorizes the operation of solid fuel combustion installations for electricity generation, subject to specific emission limits, monitoring requirements, and environmental mitigation measures.
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Document type: Statement
khanyisa-rod-79a3e311b8e20eab.pdf
The Department of Environmental Affairs of South Africa has granted an integrated environmental authorisation to Anglo Operations Limited for the construction of the 450MW Khanyisa Coal-fired Power Station in Emalahleni, Mpumalanga Province. The authorisation covers the design, construction, commissioning, operation, and decommissioning of the plant, which will use fluidised bed technologies and discard coal for power generation.
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Document type: Statement
BHP BILLITON/OPTIMUM COAL MINE (PTY) LTD SCHOONOORD
The document details a dispute involving BHP Billiton and the Optimum Colliery, focusing on the conversion of 'old order rights' under the Mineral and Petroleum Resources Development Act (MPRDA). Landowners Jacobus Oosthuysen and the Jaco Oosthuysen Trust appealed the conversion of these rights, citing a total lack of notification and public participation. The case highlights systemic failures in the Environmental Management Programme (EMP), specifically the failure to assess alternative land uses, the 'no go' option, and cumulative impacts. Additionally, the appellants alleged that the mining company engaged in illegal mining activities not approved in the EMP.
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Document type: Case study