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1,323 documents from Centre for Environmental Rights
IMPLICATIONS OF THE JUDGMENT IN EARTHLIFE AFRICA JOHANNESBURG V MINISTER OF ENVIRONMENTAL AFFAIRS AND OTHERS CASE NO 65662/16
The Centre for Environmental Rights informs the South African Department of Environmental Affairs that a court ruling now requires climate change impact assessments (CCIA) as part of environmental impact assessments (EIA) for coal-fired power stations. The document outlines the minimum requirements for a CCIA, warns that existing authorizations without such assessments may be legally vulnerable, and urges the Department to establish formal guidelines for conducting these assessments.
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Document type: Statement
ENVIRONMENTAL AUTHORISATION FOR THE CONSTRUCTION OF A 600 MW COAL-FIRED INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LIMITED SOUTH AFRICA
A letter from MacRobert Attorneys, acting for KiPower (Pty) Ltd and Kuyasa Mining (Pty) Ltd, responding to the Centre for Environmental Rights regarding the environmental authorisation for a proposed 600 MW coal-fired independent power plant in South Africa.
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Document type: Statement
UPDATE ON THE THABAMETSI POWER COMPANY (PTY) LIMITED AND ACWA POWER KHANYISA THERMAL POWER STATION (RF) (PTY) LIMITED INDEPENDENT POWER PRODUCER PROJECTS
The Centre for Environmental Rights (CER), representing Earthlife Africa Johannesburg and groundWork, sent a letter to the South African Department of Energy's IPP Office on 6 April 2017. The letter alerts the Department that two preferred bidders under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP)—Thabametsi Power Company and ACWA Power Khanyisa—appear unable to meet the legal qualification criteria for financial and commercial close due to missing or contested environmental and generation licenses.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NAMANE GENERATION (PTY) LTD ON 28 FEBRUARY 2017
An appeal by Earthlife Africa Johannesburg and groundWork to set aside the environmental authorisation for the 660 MW Namane coal-fired power station in Limpopo, South Africa. The appellants argue the decision is unlawful due to failures to assess climate change impacts, air quality risks, and water scarcity in the Waterberg region, while ignoring renewable energy alternatives and violating national and international environmental commitments.
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Document type: Statement
ENVIRONMENTAL AUTHORISATION ISSUED IN RESPECT OF THE PROPOSED CONSTRUCTION OF A 600MW COAL-FIRED INDEPENDENT POWER PLANT (IPP) AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LIMITED SOUTH AFRICA NEAR DELMAS, IN MPUMALANGA
The Centre for Environmental Rights (CER) is challenging the South African Minister of Environmental Affairs' decision to authorize a 600MW coal-fired power plant for KiPower (Pty) Limited near Delmas, Mpumalanga. Citing the 'Thabametsi judgment', the CER argues that the law requires a comprehensive climate change impact assessment—covering GHG emissions, water scarcity, and social costs—before such authorization is granted. The CER has proposed a legal settlement to require this assessment and set aside the previous decision.
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Document type: Statement
Formal comments on the Integrated Resource Plan (IRP) Update Assumptions, Base Case and Observations 2016
The CSIR's analysis of South Africa's Draft IRP 2016 concludes that a 'Least Cost' scenario—prioritising solar PV, wind, and flexible power—is significantly cheaper, creates more jobs, and emits less CO2 than the government's Base Case and Carbon Budget scenarios. The report argues that the Draft IRP 2016 imposes annual new-build constraints on solar and wind without techno-economic justification, which artificially inflates costs and pushes the system toward new coal or nuclear investment. By 2050, the CSIR finds that a renewable energy share of over 70% is cost-optimal. Technical assessments on system inertia and transmission infrastructure indicate that the costs of maintaining stability in a high-renewable system are low, representing less than 1% of total power generation costs.
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Document type: Report
WRITTEN COMMENTS ON THE INTEGRATED RESOURCE PLAN UPDATE: ASSUMPTIONS, BASE CASE RESULTS AND OBSERVATIONS, REVISION 1 AND ON THE DRAFT INTEGRATED ENERGY PLAN
The Centre for Environmental Rights (CER) argues that South Africa's draft Integrated Energy Plan (IEP) and Integrated Resource Plan (IRP) Update are inconsistent with the Constitution, the National Environmental Management Act (NEMA), and the National Energy Act (NEA). The CER contends that the plans unjustifiably constrain renewable energy while promoting new coal-fired power stations, which they claim cause severe health impacts and contribute to climate change. They highlight that coal-fired power is no longer the least-cost option and risks creating stranded assets. The document recommends removing build limits on wind and solar, excluding new coal and nuclear power, and conducting a comprehensive assessment of external social and environmental costs.
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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
PRELIMINARY COMMENTS ON THE DRAFT MID-TERM REVIEW OF THE HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN
The Centre for Environmental Rights (CER) argues that the draft mid-term review (MTR) of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP) is methodologically flawed, outdated, and fails to demonstrate progress toward its goals. The CER highlights widespread non-compliance with national ambient air quality standards (NAAQS), a deteriorating monitoring network, and significant data gaps in industrial emissions reporting. It specifically criticizes the lack of functional monitoring stations and the failure of key industrial facilities to reduce emissions, concluding that the overall objective of achieving NAAQS compliance in the HPA is not being met.
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Document type: Statement
SUBMISSIONS BY THE CENTRE FOR ENVIRONMENTAL RIGHTS TO THE NATIONAL COUNCIL OF PROVINCES ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL [B 15D-2013]
The Centre for Environmental Rights (CER) submits that the Mineral and Petroleum Resources Development Amendment Bill [B 15D-2013] is vulnerable to constitutional challenge due to procedural irregularities in Parliament. The CER argues that the Bill dilutes the rights of women and communities to benefit from mineral resources and fails to align environmental management of mines with the higher standards of the National Environmental Management Act (NEMA). Specifically, the CER opposes the 'deeming' of old-order environmental management programmes as NEMA authorisations, which it claims exonerates companies operating illegally. The submission also calls for the Department of Mineral Resources to be stripped of environmental regulation duties, citing a lack of capacity and an inherent conflict of interest between promoting mining and protecting the environment.
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Document type: Statement
Quick Guide to Using PAIA
The document provides a practical walkthrough of using the Promotion of Access to Information Act 2 of 2000 (PAIA) to access records from state and private entities. It details the role of PAIA Manuals, the request process using Form 02, timelines for responses, and the mechanisms for appeals and complaints via the Information Regulator. It also highlights that certain environmental and water-related records from specific government departments may be automatically available without a formal request.
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Document type: Guide
APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE
The Centre for Environmental Rights (CER), representing the Endangered Wildlife Trust (EWT) and the Federation for a Sustainable Environment (FSE), submitted representations to the Minister of Water and Sanitation on 2 March 2017. The document argues against a petition by Atha-Africa Ventures (Pty) Ltd to uplift the suspension of a water-use licence (WUL) for the proposed Yzermyn underground coal mine, asserting that the suspension should remain until the Water Tribunal resolves the pending appeal.
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Document type: Statement
Request to SANBI for records relating to the National Norms and Standards of the Management of Elephants
The Centre for Environmental Rights (CER) submitted a formal request to the South African National Biodiversity Institute (SANBI) for records concerning the National Norms and Standards for the Management of Elephants in South Africa, 2008.
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Document type: Statement
SUBMISSIONS ON DRAFT CLIMATE CHANGE IMPACT ASSESSMENT REPORT FOR THABAMETSI IPP COAL-FIRED POWER STATION
The Centre for Environmental Rights, acting for Earthlife Africa Johannesburg, submitted comments on the draft Climate Change Impact Assessment (CCIA) and Palaeontological Impact Assessment (PIA) for the proposed Thabametsi coal-fired power station. The submission argues that the draft CCIA significantly underestimates greenhouse gas emissions, ignores the social cost of carbon, and fails to adequately address severe water scarcity risks in the Lephalale area. The authors contend that the project is not in the national interest due to existing excess energy capacity and that the most appropriate recommendation is a 'no go option' to avoid irreversible environmental and social harm.
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Document type: Statement
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT FOR ESKOM’S POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) TIMEFRAMES FOR ESKOM’S MEDUPI AND MATIMBA POWER STATIONS
The Life After Coal campaign opposes Eskom's application to postpone sulphur dioxide emission standards at the Medupi and Matimba power stations, citing a history of non-compliance, failure to install required abatement technology, and a lack of comprehensive health risk assessments for affected communities in the Waterberg District Municipality.
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Document type: Statement
Request to SANParks for copies of documents relating to its Kruger National Park Buffalo Offtake
The Centre for Environmental Rights (CER) submitted a formal request to South African National Parks (SANParks) on 23 February 2017 seeking records and justifications regarding the 'sustainable off take' exercise of buffalo in the Kruger National Park.
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Document type: Statement
Request to Exxaro Resources Ltd for copies of documents relating to its proposed Thabametsi Mine
The Centre for Environmental Rights issued a formal request to Exxaro Resources Ltd on 17 February 2017 for specific regulatory and technical documentation regarding the proposed Thabametsi Mine.
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Document type: Statement
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
Environmental organisations are challenging the Minister of Environmental Affairs' decision to permit commercial mining in the Mabola Protected Environment, arguing it sets a dangerous precedent. They demand that the Minister adhere to constitutional rights, environmental management principles under NEMA, and procedural fairness requirements under PAJA for all current and future applications to conduct commercial activities in protected areas.
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER) submitted a formal statement to the Dr Pixley Ka Isaka Seme Local Municipality challenging a land use application for Portion 1 of the Farm Yzermyn 96 HT. The CER argues that the application for rezoning is legally flawed because no town-planning scheme exists for the area, and that the process has failed to meet statutory requirements for public notice and inspection.
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER), representing several environmental and community organizations, submitted a formal objection to a rezoning application for Portion 1 of the farm Yzermyn 96 HT. The CER argues that the public notice for the rezoning was legally deficient and that the Dr Pixley Ka Isaka Seme Local Municipality failed to provide access to the application documents, hindering the clients' ability to submit detailed objections.
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Document type: Statement