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APPEAL RESPONSE REPORT
This Appeal Response Report, submitted by Eskom Holdings SOC Limited to the Minister of the Department of Forestry, Fisheries and the Environment (DFFE), appeals the National Air Quality Officer's (NAQO) decisions regarding applications for postponements from the Minimum Emission Standards (MES) for various coal-fired power stations.
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Document type: Report
NOTICE OF APPEAL AGAINST THE DECISION TO GRANT APPLICATION FOR THE POSTPONEMENT OF COMPLIANCE TIME-FRAMES RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS (MES) UNDER REGULATION GOVERNMENT NOTICE 893, GOVEWRNMENT GAZETTE 37054, 2013 TO ARCELORMITTAL SA VANDERBIJLPARK STEEL WORKS (“AMSA”)
The Centre for Environmental Rights, acting on behalf of the Vaal Environmental Justice Alliance (VEJA) and groundWork, has filed a formal appeal to the Minister of Environment, Forestry and Fisheries against a decision to partially grant ArcelorMittal SA Vanderbijlpark Steel Works (AMSA) a postponement of compliance time-frames for Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
PRIORITY AREAS - MANAGEMENT OF MULTI-STAKEHOLDER REFERENCE GROUP MEETINGS AND IMPLEMENTATION TASK TEAM MEETINGS
A letter from the Centre for Environmental Rights (CER) to Tokiso Dispute Settlement (Pty) Ltd regarding the management of Multi-Stakeholder Reference Group (MSRG) and Implementation Task Team (ITT) meetings for air quality priority areas in South Africa.
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Document type: Statement
COMMENTS ON CONSULTATION PAPER 1: CONCURRENCE WITH THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY FROM A RANGE OF ENERGY TECHNOLOGIES 2020
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, submitted comments to the National Energy Regulator of South Africa (NERSA) regarding a draft ministerial determination to procure 2,000 MW of new generation capacity. The CER argues that this procurement must prioritize clean, affordable, and renewable energy sources over fossil fuels to align with constitutional obligations and public interest, while criticizing the lack of transparency regarding Request for Information (RFI) responses and the inadequacy of the public consultation process.
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Document type: Statement
PROVISIONAL SUBMISSIONS REGARDING THE REVIEW OF THE 2012 NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted provisional comments on June 29, 2018, regarding the Department of Environmental Affairs' (DEA) proposed amendments to the 2012 National Framework for Air Quality Management in South Africa. The CER argues that the public consultation process was inadequate and that the draft Framework fails to address systemic failures in air quality monitoring, enforcement, and the achievement of previous targets.
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Document type: Statement
REPRESENTATIONS ON THE NOTICE OF INTENTION TO AMEND THE LIST OF ACTIVITIES WHICH RESULT IN ATMOSPHERIC EMISISONS WHICH HAVE OR MAY HAVE A SIGNFICANT DETRIMENTAL EFFECT ON THE ENVIRONMENT, INCLUDING HEALTH, SOCIAL CONDITIONS, ECONOMIC CONDITIONS, ECOLOGICAL CONDITIONS OR CULTURAL HERITAGE
The Centre for Environmental Rights, representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted representations on June 25, 2018, regarding proposed amendments to the List of Activities resulting in atmospheric emissions. While supporting the elimination of 'rolling postponements' for minimum emission standards (MES), the submission argues for stricter requirements for once-off suspensions, greater transparency in application documents, and a more robust public participation process.
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Document type: Statement
REPRESENTATIONS ON THE NOTICE OF INTENTION TO AMEND THE LIST OF ACTIVITIES WHICH RESULT IN ATMOSPHERIC EMISISONS WHICH HAVE OR MAY HAVE A SIGNFICANT DETRIMENTAL EFFECT ON THE ENVIRONMENT, INCLUDING HEALTH, SOCIAL CONDITIONS, ECONOMIC CONDITIONS, ECOLOGICAL CONDITIONS OR CULTURAL HERITAGE
The Centre for Environmental Rights, representing the Life After Coal Campaign, submitted representations to the South African Department of Environmental Affairs supporting the removal of 'rolling postponements' for minimum emission standards. The CER argues for stricter health-based emission limits for facilities seeking suspensions, mandatory public disclosure of decommissioning schedules, and a more robust public participation process, while highlighting that current national air quality standards are inadequate compared to WHO guidelines.
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Document type: Statement
RELEVANT INFORMATION IN RELATION TO THE DRAFT INTEGRATED RESOURCE PLAN FOR ELECTRICITY UPDATE & THE DRAFT INTEGRATED ENERGY PLAN
The Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted a formal statement to the Portfolio Committee on Energy on 29 November 2017. The document outlines critical concerns regarding the lack of transparency, inadequate public consultation, and the omission of key economic and environmental data in the development of South Africa's draft Integrated Resource Plan (IRP) for Electricity Update and the draft Integrated Energy Plan (IEP).
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Document type: Statement
PRELIMINARY SUBMISSIONS REGARDING THE DRAFT REVIEW OF THE NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT 2017
The Centre for Environmental Rights (CER), representing several environmental justice organizations, submitted preliminary comments on the 2017 draft review of South Africa's National Framework for Air Quality Management. The submission criticizes the Department of Environmental Affairs (DEA) for failing to meet previous targets, lacking transparency in progress reviews, and neglecting meaningful public participation in high-pollution priority areas.
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Document type: Statement
Comments regarding the declaration of greenhouse gases as priority air pollutants
The Centre for Environmental Rights, representing several environmental justice organisations and community groups, submitted comments to the Department of Environmental Affairs regarding the declaration of greenhouse gases (GHGs) as priority air pollutants. The submission specifically argues that natural ecosystems should be excluded from the requirement to submit pollution prevention plans.
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Document type: Statement
Comments on the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on 21 February 2014 regarding the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations. The submission primarily argues that the draft regulations fail to ensure adequate public access to atmospheric emission data and provides recommendations to align the regulations with constitutional rights to information and a healthy environment.
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Document type: Statement
ESKOM’S APPLICATION FOR EXEMPTION FROM MINIMUM EMISSION STANDARDS AND POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS TIMEFRAMES FOR ESKOM POWER STATIONS
The Centre for Environmental Rights (CER), representing several community and environmental groups, submitted comments on August 23, 2013, regarding uMoya-NILU Consulting's Plan of Study (PoS). The PoS was designed to support Eskom's applications for exemptions and postponements of Minimum Emission Standards (MES) for its power stations. The CER argues that the PoS is too narrow in scope, fails to include critical pollutants like PM2.5, uses inappropriate modelling software for near-field impacts, and lacks a mechanism to verify model outputs against real-world ambient measurements.
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Document type: Statement
SUBMISSIONS REGARDING THE REVIEW OF THE 2012 NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA
The Centre for Environmental Rights (CER), representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted comments on 16 April 2013 regarding the draft 2012 National Framework for Air Quality Management in South Africa. The CER argues that the Department of Environmental Affairs (DEA) failed to follow prescribed review processes, ignored legislative obligations from the 2007 Framework, and provided insufficient support to municipalities for air quality management.
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Document type: Statement
SUBMISSIONS ON THE DRAFT NATIONAL DUST CONTROL REGULATIONS PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)
The Centre for Environmental Rights, acting on behalf of groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted comments on 5 February 2013 regarding the draft National Dust Control Regulations published on 7 December 2012 under the National Environmental Management: Air Quality Act, 2004 (AQA). The submission argues for stronger protections for vulnerable populations, more rigorous monitoring standards, and the inclusion of government entities in enforcement.
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Document type: Statement
SUBMISSIONS REGARDING THE REVIEW OF THE NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT
The Centre for Environmental Rights (CER), representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted comments on August 22, 2012, regarding the review of the National Framework for Air Quality Management. The submission criticizes the lack of a systematic review of the 2007 Framework, the absence of a current State of the Air Report, and significant gaps in air quality monitoring and public access to information. The CER advocates for more stringent emission standards, mandatory reporting for data holders, and a more inclusive, transparent review process.
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Document type: Statement
DRAFT AMENDMENT TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004’S LIST OF ACTIVITIES WHICH RESULT IN ATMOSPHERIC EMISSIONS WHICH HAVE OR MAY HAVE A SIGNFICANT DETRIMENTAL EFFECT ON THE ENVIRONMENT, INCLUDING HEALTH, SOCIAL CONDITIONS, ECONOMIC CONDITIONS, ECOLOGICAL CONDITIONS OR CULTURAL HERITAGE
The Centre for Environmental Rights (CER), acting for groundWork and the Vaal Environmental Justice Alliance (VEJA), submitted a statement to the Department of Environmental Affairs on 31 January 2012. The document objects to proposed amendments to the National Environmental Management: Air Quality Act, 2004’s list of activities resulting in atmospheric emissions, arguing that the changes generally relax emission limits, extend compliance time-frames, and were developed through a non-transparent process that favored industry representatives over affected communities.
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Document type: Statement
STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011
The Centre for Environmental Rights, representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted a statement to the Portfolio Committee on Water and Environmental Affairs regarding the South African Weather Service Amendment Bill, 2011. The submission expresses grave concerns that the Bill's proposed criminalization of issuing air pollution-related warnings without permission would undermine public health, freedom of speech, and existing environmental governance frameworks under the National Environmental Management Act (NEMA).
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Document type: Statement
Looking Beneath the Cloak, An Analysis of Intelligence Governance in South Africa
This research paper analyzes the governance of South Africa's intelligence services, tracing their evolution from the oppressive apparatus of the apartheid state and the ANC's liberation intelligence to the post-1994 democratic framework. It evaluates the efficacy of current oversight mechanisms, the role of the National Intelligence Coordinating Committee (NICOC), and the challenges of balancing secrecy with democratic accountability.
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Document type: Research paper
2009-ellis-q1525-delay-in-commencement-of-air-quality-act-8dc930004f691880.pdf
The Minister of Water and Environmental Affairs explains that the National Environmental Management: Air Quality Act, 2004 (AQA) partially commenced in 2005, with full implementation targeted for 2009/2010. Full commencement was delayed to ensure local governments had sufficient specialist capacity and to allow for the creation of new emission standards and activity lists. The Minister also confirms that FIFA World Cup organisers set no minimum air quality conditions for stadiums.
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Document type: Briefing
2014-05-30-fa46-natref-submission-05-2012-018e25d4b2c23688.pdf
A June 2012 submission by the Natref refinery to the South African Department of Environmental Affairs (DEA) regarding proposed Minimum Emission Standards (MES). Natref argues that inflexible national point source emission standards are impractical for existing facilities and proposes a 'bubble' approach to emissions management to ensure socio-economic sustainability and energy security.
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Document type: Report