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1,469 documents from Centre for Environmental Rights
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
OPEN LETTER - ANGLO AMERICAN’S PLANS TO SHED COAL ASSETS IN SOUTH AFRICA
The Centre for Environmental Rights (CER) issued an open letter to Anglo American plc on February 29, 2016, urging transparency and public participation regarding the company's plans to divest its coal and iron ore assets in South Africa to prevent the creation of further derelict and ownerless mines.
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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 analyzes the implementation of the Promotion of Access to Information Act (PAIA) in South Africa based on 369 requests made by civil society organizations between August 1, 2015, and July 31, 2016. The report highlights significant barriers to accessing information from both public and private bodies, including high refusal rates, failure to meet statutory timeframes, and the misuse of grounds for refusal.
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Document type: Report
National Environmental Compliance and Enforcement Report 2015/16
The National Environmental Compliance and Enforcement Report 2015/16, published by the Department of Environmental Affairs (DEA), provides a comprehensive overview of environmental law enforcement activities in South Africa. It details the capacity of the Environmental Management Inspectorate (EMI), national compliance statistics, provincial performance, and specific case studies regarding industrial pollution and biodiversity crimes, particularly rhino poaching.
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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
COMMENTS ON THE DRAFT REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE NATIONAL: ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT
The Centre for Environmental Rights (CER) submitted comments on November 9, 2015, regarding draft regulations for determining administrative fines under section 22A of the National: Environmental Management: Air Quality Act (AQA). The CER argues that the draft regulations lack consistency with other environmental fine mechanisms and fail to provide for public participation, proposing specific amendments to the fine calculation and the inclusion of aggravating factors.
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Document type: Statement
SIGNS OF HOPE?
The report 'SIGNS OF HOPE?' by the Centre for Environmental Rights (CER) evaluates the implementation of the Promotion of Access to Information Act (PAIA) regarding environmental records in South Africa from January 2010 to September 2015. It identifies a slow trend toward greater reactive disclosure by authorities and private companies, though proactive disclosure remains poor.
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Document type: Report
REQUEST FOR REVIEW AND STRENGHENING OF THE NATIONAL DUST CONTROL REGULATIONS
The Centre for Environmental Rights (CER), representing various non-governmental and community organisations, submitted a request to the South African Minister of Environmental Affairs on 16 October 2015 to review and strengthen the National Dust Control Regulations. The CER argues that the current regulations are ineffective at alleviating fugitive dust emissions in mining and industrial areas, particularly due to an over-reliance on a 30-day monitoring average and the use of a 'crude' measurement method (ASTM D1739) that fails to protect human health.
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Document type: Statement
Government Gazette
The 2015 EIA Guideline for Renewable Energy Projects provides a legal and procedural framework for the development of wind, solar, hydro, and biomass energy in South Africa. It aims to streamline the environmental authorization process, integrating requirements from NEMA and other acts to support the country's transition toward a target of 17.8GWe of renewable capacity by 2030.
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Document type: Guide
SUBMISSIONS ON THE DRAFT NATIONAL GREENHOUSE GAS EMISSION REPORTING REGULATIONS
The Centre for Environmental Rights (CER), representing groundwork (gW), Earthlife Africa, Johannesburg (ELA), and the South Durban Community Environmental Alliance (SDCEA), submitted formal comments on the draft National Greenhouse Gas (GHG) Emission Reporting Regulations published on 5 June 2015. The CER argues that the draft regulations are insufficient to meet South Africa's international obligations under the UNFCCC and the Kyoto Protocol, citing a lack of detailed facility-level reporting, a failure to identify 'key categories' of emission sources as per IPCC Guidelines, and inadequate provisions for public disclosure of emission data.
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Document type: Statement
SOUTH AFRICA’S INTENDED NATIONALLY DETERMINED CONTRIBUTION (INDC)
This discussion document outlines South Africa's Intended Nationally Determined Contribution (INDC) as of August 2015, detailing the country's planned approach to climate change adaptation and mitigation. The document emphasizes a 'peak, plateau and decline' emissions trajectory and stresses that climate action must be balanced with the national priority of eliminating poverty and inequality by 2030.
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Document type: Report
SUBMISSIONS ON DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSETS GUIDELINE DATED JANUARY 2015
The Centre for Environmental Rights (CER), representing several environmental justice alliances, submitted a formal objection to the Department of Environmental Affairs' draft Air Quality Offsets Guideline (January 2015). The CER argues that the proposed offsets are actually forms of compensation that lack a legislative framework and could be used by polluters to avoid legal compliance with emission standards.
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Document type: Statement
INTERNAL APPEAL TO THE DIRECTOR GENERAL OF THE DEPARTMENT OF MINERAL RESOURCES
The Federation for a Sustainable Environment (FSE), represented by the Centre for Environmental Rights (CER), filed an internal appeal to the Director General of the Department of Mineral Resources (DMR) on July 21, 2015. The appeal challenges the DMR's partial refusal to grant access to records regarding the Yzermyn underground coal mine project in Mpumalanga, which the FSE requested under the Promotion of Access to Information Act 2 of 2000 (PAIA).
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vaal Environmental Justice Alliance, filed an appeal on May 28, 2015, against the atmospheric emission licence (AEL) FDDM-MET-2011-08-P1 issued to Eskom's Lethabo Power Station. The appeal argues that the Fezile Dabi District Municipality failed to consider critical health impacts and ambient air quality standards when varying the AEL to incorporate the National Air Quality Officer's (NAQO) decisions to postpone compliance with Minimum Emission Standards (MES).
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Document type: Statement