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APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023
The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have appealed a decision by the Department of Mineral Resources and Energy (DMRE) to grant environmental authorisation (EA) to Tetra4 (Pty) Ltd for the Cluster 2 Virginia Gas Production Project. The appellants argue that the decision is unlawful and unreasonable due to flawed groundwater and climate change assessments, inadequate public participation, a failure to consider renewable energy alternatives, and the state's lack of capacity to monitor gas operations.
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Document type: Statement
annexure-a-26333ba73b763b35.pdf
A formal request sent on 29 November 2016 by the Life After Coal Campaign and other environmental organisations to the South African Minister of Energy, seeking an extension for public comment on the Integrated Energy Plan (IEP) and the Integrated Resource Plan (IRP) Update and demanding the release of critical supporting documents.
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Document type: Statement
annexure-a-daad896e9aecda78.pdf
The Legal Resources Centre (LRC), representing a coalition of civil society, labour, and community organisations, submitted a series of formal requests to the South African Parliament and Presidency between March 2014 and February 2015. The LRC challenged the constitutionality of the Mining and Petroleum Resources Development Amendment Bill (MPRDAB) and the Restitution of Land Rights Amendment Bill, arguing that the National Council of Provinces (NCOP) and provincial legislatures failed to facilitate reasonable public participation. The documents detail specific concerns regarding the removal of community participation rights in mining, the discretionary nature of water use licenses, and the influence of industry lobbying over legislative changes.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 09 MAY 2025
The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have lodged an appeal to the Minister of Forestry, Fisheries and the Environment to set aside an environmental authorisation (EA) granted by the Department of Mineral Resources and Energy (DMRE) on 09 May 2025 to Tetra4 (Pty) Ltd. The EA allows Tetra4 to extend its production right to incorporate 18 additional wells across 80 farm portions in the Free State Province. The appellants argue that Tetra4 used a Basic Assessment Report (BAR) process under section 102 of the Mineral and Petroleum Resources Development Act (MPRDA) to circumvent a previous ministerial order from 01 August 2024, which had set aside a larger 'Cluster 2' expansion due to inadequate climate and groundwater assessments.
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Document type: Statement
APPEAL RESPONSE REPORT
This Appeal Response Report, submitted by the Centre for Environmental Rights on behalf of MEJCON-SA and MACUA, argues that the Environmental Authorisation (EA) for Tetra4's Cluster 2 gas production expansion should be set aside. The appellants contend that the project's Final Environmental Impact Assessment Report (FEIAR) contains fatal flaws regarding groundwater impact analysis, climate change assessments, and public participation processes. Furthermore, they argue the project is neither necessary nor desirable due to the risk of stranded assets and the availability of cheaper renewable energy alternatives, and that South Africa lacks the regulatory capacity to monitor and enforce compliance in the gas sector.
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Document type: Report
FACT SHEET 2 Marine phosphate mining would have severe and irreversible impacts on marine ecosystems and fishery resources and associated jobs, livelihood and food security benefits sustained by our fishing industry. South African context Marine phosphate mining
This fact sheet by the Centre for Environmental Rights details the environmental and socio-economic risks associated with marine phosphate mining in South Africa. It focuses on three prospecting rights granted to Green Flash Trading 251, Green Flash Trading 257, and Diamond Fields International, arguing that such activities would cause irreversible damage to marine ecosystems, threaten the fishing industry, and occur within a deficient legal and governance framework.
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Document type: Fact sheet
Scanned Document
This document is a technical annex of an air emissions license for a refinery operated by Chevron, dated 31 March 2014. It specifies the inventory of storage tanks, emission limits for various combustion and cracking units, required air pollution control technologies, and strict monitoring and reporting obligations to the Licensing Authority and the City of Cape Town.
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Document type: Report
circular-8-procedures-regarding-appeals-ito-the-land-use-planning-ordinance-1985-ordinance-15-of-1985-a960e66c552a5a82.pdf
Circular 8/2013 provides updated procedures for appeals under the Land Use Planning Ordinance, 1985 (LUPO) in the Western Cape, following a High Court judgment that declared section 44 of the LUPO unconstitutional. The circular outlines how the Minister will now handle appeals—through dismissal, setting aside, or substitution—and details the administrative requirements for municipalities processing these appeals.
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Document type: Briefing
COMBINED SUMMONS
This document is a compilation of legal summons, news articles, emails, and personal essays centered on a long-running conflict between the Amadiba community on South Africa's Wild Coast and the Australian mining company Mineral Commodities Limited (MRC). The materials detail allegations of human rights abuses, fraudulent attempts to secure mining rights for titanium deposits at Xolobeni, and the 2016 assassination of anti-mining activist Sikhosiphi 'Bazooka' Rhadebe.
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Document type: Report
dd26-part-2-of-2-f57b72e309adcf55.pdf
This document is a technical annex of an air emissions license issued on 31 March 2014, detailing the emission limits, monitoring requirements, and operational conditions for a refinery operated by Chevron. It specifies pollutant thresholds for various combustion installations and storage facilities, mandates ambient air quality monitoring at specific stations, and establishes reporting protocols for non-compliance and emergency incidents.
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Document type: Report
Mark_Botha_AffidavitCase5077917.pdf
This document is an affidavit by Mark Adrian Botha, an independent environmental services professional, submitted to the High Court of South Africa (Gauteng Division, Pretoria) in Case No: 50779/17. Botha provides his professional qualifications and confirms the accuracy of specific allegations made in a founding affidavit by Thelma Thandekile Nkosi.
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Document type: Statement
fa74-submission-of-proposed-amendement-to-section-21-by-lrc-dated-07-may-2013-d49a9ca4af4aa4c3.pdf
The Legal Resources Centre (LRC) submitted a statement to the Portfolio Committee on Water and Environmental Affairs on 7-8 May 2013, opposing proposed amendments to the Section 21 listed activities of the Air Quality Act (Act 39 of 2004). The LRC argues that the 2012 amendment process lacked administrative fairness and transparency compared to the 2009 process, resulting in reduced standards for major polluters and extended compliance timeframes.
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Document type: Statement
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
nicole-loser-confirmatory-affidavit-24ae4d5d266c9386.pdf
Nicole Loser, an attorney at the Centre for Environmental Rights, submitted a confirmatory affidavit in May 2019 to the High Court of South Africa (Gauteng Division, Pretoria). She confirms the truth of the contents of a supplementary founding affidavit by Phillipine Lekalakala as they pertain to her and the CER, specifically confirming telephone calls mentioned in the original document.
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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
Climate impacts in Southern Africa during the 21st Century
This executive summary, authored by Professor Bob Scholes and Professor Francois Engelbrecht, details the climate vulnerabilities and projected impacts for Southern Africa during the 21st century. It emphasizes that the region is warming at twice the global average rate and warns that agricultural production, freshwater availability, and human health are at significant risk, particularly under low-mitigation scenarios.
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Document type: Executive summary
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-21-79b26b675d8a9e13.pdf
A letter from the law firm Webber Wentzel, acting on behalf of the Centre for Environmental Rights, requesting the Record of Decision (ROD) from the Department of Mineral Resources and Energy (DMRE) regarding an appeal to extend mining operations at the Tormin mine on the West Coast.
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Document type: Statement
zo-3-41f4da3a0527bd78.pdf
A notification letter dated 30 October 2020 from Webber Wentzel, acting on behalf of the Centre for Environmental Rights, to the Minister of Mineral Resources and Energy and the Director-General of the Department of Minerals and Energy regarding an internal appeal under the Mineral and Petroleum Resources Development Act (MPRDA).
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Document type: Statement