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NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)
A notice of appeal filed on 3 July 2019 by a coalition of eight civil society and community non-profit organisations, represented by the Centre for Environmental Rights (CER), challenging the decision of the Gert Sibande District Municipal Planning Tribunal to approve a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga Province.
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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
ATI Network Shadow Report 2018
The ATI Network Shadow Report 2018, compiled by the South African History Archive (SAHA) and other civil society members, evaluates the effectiveness of the Promotion of Access to Information Act 2 of 2000 (PAIA) in South Africa between 1 June 2017 and 31 July 2018. The report highlights systemic failures in public body compliance, including high rates of non-responsiveness and the misuse of legal provisions to delay information release, while also discussing the challenges of accessing data from private bodies and the impact of these barriers on rights to education and the environment.
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Document type: Report
IWULA, IWUL and Specialist Studies Review of the proposed Yzermyn Colliery Mpumalanga
This report, prepared by GCS Water and Environment (Pty) Ltd for the Centre for Environmental Rights (CER), reviews the Integrated Water Use License Application (IWULA) and the subsequent Integrated Water Use License (IWUL) issued to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine in Mpumalanga. The review identifies significant gaps in the specialist studies regarding hydrogeology, wetlands, and hydrology, concluding that the IWUL was granted without a sufficient understanding of the environmental impacts or the interconnection between water resources.
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Document type: Report
JOINT LETTER TO THE MINISTER: PERMISSION TO CONDUCT COMMERCIAL PROSPECTING, MINING, EXPLORATION, PRODUCTION OR RELATED ACTIVITIES INSIDE PROTECTED ENVIRONMENTS: SECTION 48(1)(B) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003
A joint letter from several environmental organisations to the South African Minister of Environmental Affairs expressing concern over the decision to allow commercial mining in the Mabola Protected Environment and requesting stricter procedural fairness for future applications under section 48(1)(b) of the National Environmental Management: Protected Areas Act, 2003 (NEMPAA).
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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
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
9-049d4dd440ba8aa7.pdf
The document consists of a series of legal and administrative records regarding a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga, South Africa. The application, submitted by Atha-Africa Ventures (Pty) Ltd, sought to rezone the land from agricultural to 'special' use to allow for mining and related activities. The process involved multiple objections from environmental organizations and landowners, a dismissal by a local planning tribunal based on a lack of locus standi, a subsequent appeal, and a final approval by the Gert Sibande District Municipal Planning Tribunal on 29 April 2019.
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Document type: Report
RESPONDING STATEMENT SUBMITTED BY ATHA AFRICA VENTURES (PTY) LTD. (THE APPLICANT / RESPONDENT) IN THE MATTER OF AN APPEAL SUBMITTED BY EARTHLIFE AFRICA JOHANNESBURG FIRST APPELLANT BIRDLIFE SOUTH AFRICA SECOND APPELLANT MINING AND ENVIRONMENTAL JUSTICE NETWORK OF SOUTH AFRICA THIRD APPELLANT ENDANGERED WILDLIFE TRUST FOURTH APPELLANT FEDERATION FOR A SUSTAINABLE ENVIRONMENT FIFTH APPELLANT GROUNDWORK SIXTH SIXTH APPELLANT ASSOCIATION FOR WATER AND RURAL DEVELOPMENT SEVENTH APPELLANT BENCH MARKS FOUNDATION EIGHTH APPELLANT
This document is a responding statement submitted by Atha Africa Ventures (Pty) Ltd. (AAV) to the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs. It responds to an appeal filed by eight environmental and social organizations against the granting of an Environmental Authorization for the proposed Yzermyn Underground Coal Mine (YUCM) in the Magisterial District of Wakkerstroom, Mpumalanga Province.
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Document type: Statement
APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
This answering statement, submitted by the Centre for Environmental Rights on behalf of several appellants, challenges an environmental authorisation granted to Atha Africa Ventures (Pty) Ltd for the proposed Yzermyn coal mine. The appellants argue that the project has significant implications for international environmental commitments, suffers from material gaps in specialist information—particularly regarding acid mine drainage and subsidence—and was determined by an incorrect competent authority.
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Document type: Statement
APPELLANTS’ HEADS OF ARGUMENT IN THE APPEAL IN TERMS OF SECTION 149 OF THE NATIONAL WATER ACT NO. 36 OF 1998
This document contains the Appellants' Heads of Argument filed by the Centre for Environmental Rights on behalf of the Endangered Wildlife Trust and the Federation for a Sustainable Environment. The appeal, brought under section 149 of the National Water Act (NWA), challenges a Water Tribunal decision that dismissed an appeal against the granting of a water use licence (WUL) to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn Underground Coal Mine. The appellants argue that the Water Tribunal erred on several questions of law, including the failure to consider the strategic importance of the mine area, the absence of landowner consent, the misapplication of the precautionary principle, the lack of post-closure water treatment provisions, and the misapprehension of the burden of proof regarding socio-economic impacts.
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Document type: Report
APPELLANTS’ RESPONDING STATEMENT, IN TERMS OF REGULATION 74(8) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004, TO ATHA-AFRICA VENTURES (PTY) LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of eight appellants, challenges the Department of Mineral Resources' (DMR) approval of the Environmental Management Programme (EMPR) for Atha-Africa Ventures (Pty) Ltd's proposed Yzermyn mine. The appellants argue that the approved EMPR authorizes an environmentally destructive discard dump, ignores extensive government conservation policies for the area, and contains woefully inadequate financial provisions for rehabilitation.
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Document type: Statement
WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017
This document is a written response from Atha-Africa Ventures (Pty) Ltd (the Second Respondent) to a substituted appeal submitted on 1 December 2017. The appeal, lodged by the Endangered Wildlife Trust, the Federation for a Sustainable Environment, and Mpumalanga Landbou/Agriculture, challenges the Director-General of the Department of Water and Sanitation's decision to grant a water use licence for the Yzermyn Project. Atha-Africa argues that the Appellants rely on outdated reports and a misunderstanding of the precautionary principle, asserting that the project's environmental impacts are localised, manageable through mitigation, and balanced by significant socio-economic benefits.
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Document type: Statement
et3-d178e81375b40721.pdf
This memorandum from the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (DARDLEA) evaluates an appeal by the Centre for Environmental Rights (CER) and its clients against the environmental authorisation granted to Atha Africa Ventures (AAV) for the proposed Yzermyn underground coal mine. The department recommends that the appeal be dismissed, concluding that the authorisation process was legally sound and that potential environmental impacts can be mitigated to acceptable levels.
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Document type: Briefing
et4-9bacb3b44cdccdc8.pdf
This document is a statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation (EA) 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 EA was granted without lawful authority, based on a deficient Environmental Impact Assessment Report (EIAR), and ignores critical biodiversity and socio-economic risks.
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Document type: Statement
part-2-of-atha-africa-replying-submission-in-terms-of-regulation-747-of-the-mprda-regulations-8-august-2019-4e2322ae8658724c.pdf
This document is a replying submission by Atha-Africa, submitted on 12 April 2019, responding to an administrative appeal against the approval of the Environmental Management Programme (EMP) for the Yzermyn Project. The submission disputes the findings of a September 2013 NSS Report and a subsequent 'Brownlie Review,' arguing that updated specialist studies by Delta-H and Scientific Aquatic Services demonstrate that the project's environmental impacts—specifically regarding wetlands, groundwater, and biodiversity—are localized and can be effectively mitigated.
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Document type: Report
pml3-5528e044b82f4c9a.pdf
BirdLife South Africa submitted a formal objection on 5 April 2013 to the draft scoping report for the proposed Yzermyn Underground Coal Mine, operated by Atha Africa Ventures (Pty) Ltd. The organization argues that the mine's location in the Grassland Important Bird Area (IBA) and its proximity to protected environments and endangered ecosystems make the application unsustainable and legally flawed.
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Document type: Statement
pml9-5b95afc3bb6b566a.pdf
A letter from Atha Africa Ventures (Pty) Ltd (AAV) to the Department of Mineral Resources (DMR) requesting amendments to the conditions of a granted Mining Right for the Yzermyn Underground Coal Project (YUCP) in Mpumalanga. AAV argues that current restrictions on mining in wetland areas are too restrictive and proposes alternative wording to allow for surface infrastructure and regulated wetland disturbance.
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Document type: Statement