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1,323 documents from Centre for Environmental Rights
REQUEST FOR COPIES OF THE LATEST: EMISSION REDUCTION PLANS, COMPLIANCE ROADMAPS, AND DECOMMISSIONING SCHEDULE AND PLANS FOR ALL 15 OF ESKOM’S COAL FIRED POWER STATIONS
The Centre for Environmental Rights (CER), acting on behalf of several environmental organizations, issued a formal request to Eskom on 25 April 2016 for emission reduction plans, compliance roadmaps, and decommissioning schedules for all 15 of its coal-fired power stations. The CER asserts that existing compliance roadmaps provided by the National Air Quality Officer (NAQO) are insufficient to ensure Eskom meets the emission standards set in its atmospheric emission licences (AELs) and the minimum emission standards (MES).
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Document type: Statement
RECOMMENDATIONS REGARDING THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT: NATIONAL APPEAL REGULATIONS, 2014
The Centre for Environmental Rights (CER) submitted recommendations to the Department of Environmental Affairs to amend the National Environmental Management Act (NEMA): National Appeal Regulations, 2014. The CER argues that the current regulations may violate the right to just administrative action under the Constitution and the Promotion of Administrative Justice Act, 2000 (PAJA), specifically regarding restrictive timeframes and procedural fairness for interested and affected parties (I&APs).
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Document type: Statement
REQUEST FOR STRENGTHENING AND PUBLICATION OF THE NATIONAL GREENHOUSE GAS EMISSION REPORTING REGULATIONS, THE NOTICE OF INTENTION TO DECLARE GREENHOUSE GASES PRIORITY POLLUTANTS AND THE POLLUTION PREVENTION PLAN REGULATIONS
The Centre for Environmental Rights, representing several non-governmental and community organisations, urges the South African government to finalise and publish draft regulations for greenhouse gas (GHG) reporting and pollution prevention. The letter argues that these regulations are essential for South Africa to meet its commitments under the Paris Agreement and its Intended Nationally Determined Contribution (INDC), specifically regarding the introduction of mandatory GHG reporting by 2016. Key demands include shifting reporting from a company level to an individual facility level and ensuring that GHG emission data is made publicly available through the National Atmospheric Emission Inventory System (NAEIS). The authors warn that failing to incorporate these transparency and monitoring measures could render the regulations unconstitutional and hinder the state's ability to track emissions trajectories and identify mitigation opportunities.
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Document type: Statement
letter-signed-dhom-to-centre-for-environmental-rights-re-xolobeni-issu-5b6efc7d1bf2005b.pdf
The Australian High Commission states that it has no authority to grant or deny mining rights for Mineral Commodities Ltd's (MRC) proposed titanium mine in Xolobeni, as such matters fall under South African law. The Commission confirms that MRC was unsuccessful in a 2006-07 application for funding under the Direct Aid Program and received no funds. While the Australian government does not oversee overseas activities of its companies, it expects compliance with applicable laws, including those regarding foreign bribery and international sanctions, and encourages adherence to OECD Guidelines for Multinational Enterprises and the Extractive Industries Transparency Initiative.
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Document type: Statement
FUNDING OF MRC RESOURCES THROUGH THE AUSTRALIAN DIRECT AID PROGRAM
The Centre for Environmental Rights (CER) has written to the Australian High Commissioner to South Africa to question the allocation of $15,431.00 from the Australian Direct Aid Program to 'MRC Resources' for the 'upgrade of existing fresh water borehole'. The CER notes that the Direct Aid Program is intended for poverty reduction and sustainable development in local communities, rather than for profit-making Australian companies like Mineral Commodities Limited (MRC), which operates mineral sands projects in South Africa. The letter highlights significant social unrest and violence associated with MRC's projects, specifically mentioning the assassination of anti-mining activist Sikhosiphi Bazooka Rhadebe on 22 March 2016 in Xolobeni. The CER seeks confirmation of the recipient's identity, the location and justification for the borehole project, the application process used, and whether the funding was monitored.
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Document type: Statement
REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE ACT, 2016
These 2016 regulations, issued by the Minister of Environmental Affairs, establish the procedure and criteria for determining administrative fines for persons operating listed activities without a valid atmospheric emission license under section 22A of the National Environmental Management: Air Quality Act, 2004.
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Document type: Guide
REGULATIONS PRESCRIBING THE ATMOSPHERIC EMISSION LICENCE PROCESSING FEE, 2016
The Regulations Prescribing the Atmospheric Emission Licence Processing Fee, 2016, establish the mandatory fees for various types of atmospheric emission licence applications under the National Environmental Management: Air Quality Act, 2004.
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Document type: Guide
APPELLANT’S ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 GN R543, IN RESPECT OF THE APPEAL AGAINST THE AUTHORISATION FOR THE ESTABLISHMENT OF A 600 MEGAWATT (MW) COAL FIRED INDEPENDENT POWER PLANT (IPP) AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LTD NEAR DELMAS, IN MPUMALANGA PROVINCE
The Centre for Environmental Rights submitted an Answering Statement on 4 March 2016 on behalf of groundWork to appeal the authorisation of a 600 MW coal-fired power plant for KiPower (Pty) Ltd near Delmas, Mpumalanga. The submission was four days late, and a request for condonation was included.
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Document type: Statement
APPELLANT’S ANSWERING STATEMENT IN TERMS OF REGULATION 63(2) (b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 GN R543 IN GG 33306
This Answering Statement, filed by groundWork through the Centre for Environmental Rights, challenges the environmental authorisation granted to Kuyasa Mining (Pty) Ltd for a 600 MW coal-fired power plant near Delmas, Mpumalanga. The Appellant argues that the Environmental Assessment Practitioner (EAP) lacked independence, the project's location in a Highveld Priority Area hotspot will exacerbate air pollution, and the environmental impact assessment failed to adequately address climate change and water scarcity.
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AND THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT: NATIONAL APPEAL REGULATIONS, 2014 AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED TO COLENSO POWER (PTY) LTD FOR THE ESTABLISHMENT OF THE 1050MW COLENSO COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE NEAR COLENSO, KWAZULU-NATAL PROVINCE
The Centre for Environmental Rights, acting on behalf of groundwork and the South Durban Community Environmental Alliance, submitted a formal appeal on 1 March 2016 to the Minister of Environmental Affairs. The appeal challenges the integrated environmental authorisation issued on 5 February 2016 for the construction of the 1050MW Colenso coal-fired power station and its associated infrastructure in KwaZulu-Natal.
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Document type: Statement
PUBLICATION OF COMPLIANCE MONITORING AND ENFORCEMENT INFORMATION BY DEPARTMENT OF MINERAL RESOURCES
The Centre for Environmental Rights (CER) has written to the Minister of Mineral Resources, requesting the public release of compliance monitoring and enforcement data for the mining sector. The CER argues that the lack of public data allows companies to hide poor environmental compliance, which negatively impacts local communities. Although a previous Minister stated in July 2015 that mining sector data would be included in the Department of Environmental Affairs' annual National Environmental Compliance and Enforcement Report (NECER), the 2014-2015 NECER published in November 2015 contained no such information. The CER seeks confirmation that the 2015-2016 NECER will include this data or asks when the Department of Mineral Resources will publish its own report.
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Document type: Statement
PUBLICATION OF COMPLIANCE MONITORING AND ENFORCEMENT INFORMATION BY THE DEPARTMENT OF WATER AND SANITATION
The Centre for Environmental Rights (CER) has written to the Minister of Water and Sanitation to inquire about the delayed publication of an annual report on compliance monitoring and enforcement. The CER argues that public reporting is essential to prevent companies from hiding poor environmental compliance and to protect local communities near mines and industrial facilities. The request follows a September 2015 briefing where the Department indicated the report would be published in October 2015.
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Document type: Statement
PUBLICATION OF COMPLIANCE MONITORING AND ENFORCEMENT INFORMATION BY THE DEPARTMENT OF MINERAL RESOURCES
The Centre for Environmental Rights (CER) has written to the Minister of Environmental Affairs to address the absence of mining sector compliance data in the 2014-2015 National Environmental Compliance and Enforcement Report (NECER). Despite a July 2015 parliamentary commitment from the Minister of Mineral Resources that mining sector data would be included in the annual report published by the Department of Environmental Affairs, the CER notes that this information was missing from the November 2015 publication. The CER argues that the failure to make this data public allows companies with significant environmental impacts to hide their compliance status, which negatively affects local communities. The letter requests confirmation that arrangements are in place to include this data in the 2015-2016 NECER.
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Document type: Statement
OPEN LETTER - ANGLO AMERICAN’S PLANS TO SHED COAL ASSETS IN SOUTH AFRICA
The Centre for Environmental Rights (CER) has issued an open letter to Anglo American following the company's February 2016 announcement to sell its South African coal and iron ore assets. The CER warns against a trend where large mining firms sell assets with significant environmental liabilities to smaller companies that subsequently go insolvent, leaving the state and public to bear the cost of rehabilitation. Citing cases like Harmony Gold and DRDGold, the CER argues that the transfer of mining rights constitutes administrative action requiring public participation under the Promotion of Administrative Justice Act 3 of 2000 (PAJA). The letter demands that Anglo American publicly disclose its intended transfers, Environmental Management Programmes, and financial provisions for rehabilitation to avoid adding to the 6,000 derelict and ownerless mines already existing in South Africa.
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Document type: Statement
Comments on the Draft Declaration of Greenhouse Gases as Priority Pollutants & the National Pollution Prevention Plans Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on 8 February 2016 regarding the Draft Declaration of Greenhouse Gases as Priority Pollutants and the Draft National Pollution Prevention Plans (PPP) Regulations. The submission argues for greater alignment between these regulations and South Africa's international commitments under the Paris Agreement and its Intended Nationally Determined Contribution (INDC), while advocating for increased transparency, public access to data, and more rigorous monitoring and verification of greenhouse gas (GHG) emissions.
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Document type: Statement
RESPONDING STATEMENT TO THE APPEAL SUBMITTED BY THE CENTRE FOR ENVIRONMENTAL RIGHTS (CER) INTEGRATED ENVIRONMENTAL AUTHORISATION IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998: GN R543/544/545/546 AND THE NATIONAL ENVIRONMENTAL: WASTE ACT, 2008: GN 718 : THE CONSTRUCTION OF A 600MW INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LTD NEAR DELMAS, MPUMALANGA PROVINCE
This document is a responding statement submitted by Jones & Wagener (on behalf of Kuyasa Mining and KiPower) to the Department of Environmental Affairs (DEA). It addresses an appeal by the Centre for Environmental Rights (CER) against the granting of an integrated environmental authorisation for a 600MW coal-fired independent power plant near Delmas, Mpumalanga. The statement denies allegations that the project violates NEMA principles or environmental laws, arguing that the project aligns with the Department of Energy's Integrated Resource Plan (IRP) and employs Circulating Fluidised Bed (CFB) technology to mitigate pollutants.
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Document type: Statement
ATI Network Shadow Report 2016
The ATI Network Shadow Report 2016 reveals significant challenges in accessing information in South Africa, with 46% of requests to public bodies denied in full and 67% of requests to private bodies refused. The report highlights a high rate of 'deemed refusals' where requests are ignored, and notes that the most common ground for refusal is that records do not exist or cannot be found. While some progress is noted in the automatic availability of environmental and water licenses, the report argues that the Department of Mineral Resources resists this trend. It recommends mandatory disclosure of all operational licenses, clearer definitions for 'trade secrets', and the strengthening of public interest override provisions in PAIA.
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Document type: Report
National Environmental Compliance and Enforcement Report 2015/16
The National Environmental Compliance and Enforcement Report 2015/16 details the activities of South Africa's Environmental Management Inspectorate (EMI). It records a total of 2,647 EMIs, with a significant increase in proactive inspections and a rise in administrative notices. The report highlights enforcement trends in 'brown' (pollution/waste), 'green' (biodiversity), and 'blue' (marine/freshwater) sectors, noting a stabilization in rhino poaching numbers. It also documents specific legal cases, legislative updates, and capacity-building efforts for inspectors and prosecutors.
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Document type: Report
CER COMMENTS ON THE UPDATED MULTI-STAKEHOLDER REFERENCE GROUP TERMS OF REFERENCE FOR THE IMPLEMENTATION OF THE HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN
The Centre for Environmental Rights (CER), acting on behalf of several community and environmental organisations, submitted comments on 11 December 2015 regarding the updated Terms of Reference (ToR) for the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The CER argues that the ToR must be expanded to ensure broader government participation, mandatory attendance from industry and municipal leaders, and improved transparency and accessibility of air quality data and meeting documentation.
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Document type: Statement
MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000
This document is a manual produced by the Centre for Environmental Rights (CER) in December 2015 to comply with Section 51 of the Promotion of Access to Information Act, 2000 (PAIA). It outlines the CER's role as a non-profit law clinic, identifies the Executive Director as the head for PAIA purposes, and details the procedures, fees, and categories of records available to the public for accessing information held by the organisation.
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Document type: Guide