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1,469 documents from Centre for Environmental Rights
APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network, filed an appeal on May 20, 2015, against the atmospheric emission licence (AEL) issued to Eskom's Camden Power Station. The appeal argues that the Gert Sibande District Municipality failed to consider the severe health impacts and poor air quality of the Highveld Priority Area (HPA) when granting emission limit postponements that allow pollutants to exceed national minimum emission standards (MES).
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015
This document is a formal appeal submitted by the Centre for Environmental Rights (CER) on behalf of groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network. The appeal challenges the variation of the Atmospheric Emission Licence (AEL) for Eskom's Hendrina Power Station, issued by the Nkangala District Municipality on 31 March 2015. The appellants argue that the AEL improperly incorporates postponements of Minimum Emission Standards (MES) granted by the National Air Quality Officer, thereby permitting pollution levels that exceed national standards in a declared priority area with already compromised air quality.
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Document type: Report
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015
This document is an appeal submitted by Earthlife Africa Johannesburg on 11 May 2015 to the Minister of Environmental Affairs. The appeal challenges the environmental authorisation granted on 25 February 2015 to Newshelf 1282 (Pty) Limited for the construction of the 1200 megawatt (MW) coal-fired Thabametsi power station near Lephalale in the Limpopo Province. The appellant argues that the decision was unlawful, failed to consider critical air quality and water scarcity issues, ignored climate change obligations, and violated the Promotion of Administrative Justice Act (PAJA).
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 NATIONAL ENVIRONEMNTAL MANAGEMENT ACT, 1998 AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED TO NEWSHELF 1282 (PTY) LTD FOR THE ESTABLISHMENT OF A 1200MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE – IPP THABAMETSI POWER STATION NEAR LEPHALALE, LIMPOPO PROVINCE
This document is a formal letter from the Centre for Environmental Rights, acting on behalf of Earthlife Africa, Johannesburg, submitting an appeal to the Minister of Environmental Affairs against the integrated environmental authorisation granted to Newshelf 1282 (Pty) Ltd for the construction of the 1200MW coal-fired Thabametsi Power Station near Lephalale, Limpopo Province.
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S KOMATI POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP313/12/12 ORIGINALLY ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights, representing environmental justice organisations, appealed the Atmospheric Emission Licence (AEL) for Eskom's Komati Power Station. The appeal argues that the AEL illegally allows Eskom to exceed national Minimum Emission Standards (MES) for NOx and SO2, ignoring the critical air quality failure in the Highveld Priority Area and the resulting health impacts on the population.
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Document type: Statement
SUBMISSIONS ON THE DRAFT AIR QUALITY MANAGEMENT BY-LAW
The Centre for Environmental Rights (CER) provides detailed legal submissions on a draft Air Quality Management By-law, advocating for stronger public participation, mandatory rather than discretionary emission standards, and the removal of 'rectification' provisions for unlawful activities.
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Document type: Statement
PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS
The Centre for Environmental Rights (CER), representing the Highveld Environmental Justice Network (HEJN), groundWork (gW), and Earthlife Africa (ELA), submitted preliminary comments on the draft Air Quality Management Plan (AQMP) and draft Air Quality Management By-laws for the Nkangala District Municipality (NDM). The CER argues that the NDM has delayed its legal obligations under the National Environmental Management: Air Quality Act, 2004, and has failed to provide stakeholders with adequate time or technical support to meaningfully participate in the drafting process.
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Document type: Statement
DECISION ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES FOR MINIMUM AIR QUALITY EMISSION STANDARDS: REQUEST FOR CLARIFICATION
The Centre for Environmental Rights (CER) sent a letter to the National Air Quality Officer (NAQO) on 7 April 2015 requesting urgent clarification on decisions regarding Eskom's applications to postpone compliance with minimum air quality emission standards (MES). The CER identifies numerous discrepancies between Eskom's applications and the final decisions regarding postponement periods and emission limits for various pollutants, including particulate matter (PM), sulphur dioxide (SO2), and nitrogen oxides (NOx).
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Document type: Statement
DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW-INCOME SETTLEMENTS
The Centre for Environmental Rights (CER) issued a statement to the Director-General of the Department of Environmental Affairs calling for the urgent public release of the 'Strategy to Address Air Pollution in Dense Low-Income Settlements'. The CER argues that the delay in publishing this strategy, which was a deliverable as far back as 2010, hinders the state's ability to protect the constitutional rights of residents in low-income settlements who suffer from severe health impacts due to industrial emissions and domestic fuel burning.
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Document type: Statement
SUBMISSIONS ON THE DRAFT NKANGALA AIR QUALITY MANAGEMENT PLAN
The Centre for Environmental Rights (CER) provides submissions on the first draft of the Nkangala District Municipality (NDM) Air Quality Management Plan (AQMP). The CER identifies significant gaps in technical and financial capacity, a lack of alignment with the Highveld Priority Area (HPA) AQMP, and deficiencies in health impact assessments and monitoring. The submissions call for the NDM to prioritize staffing, ensure transparency in air quality data, and implement stricter dust control regulations.
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Document type: Statement
NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002
This document is a formal notice of appeal filed on 30 March 2015 by eight environmental organisations, represented by the Centre for Environmental Rights, against the granting of mining right MP30/5/1/2/2/1/0069MR to Atha-Africa Ventures (Pty) Ltd (AAV). The appeal seeks to set aside the right and suspend its operation, arguing that the proposed Yzermyn underground coal mine is located in the Mabola Protected Environment and the Wakkerstroom Wetlands Area, regions of irreplaceable biodiversity and critical hydrological importance.
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Document type: Statement
Comments on the Final Integrated Water Use Licence Application Report for KiPower’s proposed construction of a 600 Megawatt (MW) Independent Power Producer Coal-fired Power Station
The Centre for Environmental Rights (CER) submitted objections to the Final Integrated Water Use Licence Application (IWULA) for KiPower's proposed 600 MW coal-fired power station in Delmas, Mpumalanga. The CER and expert reviewers argue the application is fatally flawed, citing incorrect legal classifications of water use, insufficient groundwater baseline data, failure to address public concerns, and a lack of adequate monitoring and mitigation strategies. They recommend the application be rejected.
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Document type: Statement
DECISION ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES FOR MINIMUM AIR QUALITY EMISSION STANDARDS: REQUEST FOR COPIES OF COMPLIANCE ROADMAPS
The Centre for Environmental Rights wrote to the Department of Environmental Affairs on 7 March 2015, requesting copies of compliance roadmaps, decision letters, and the reasoning behind the granting of postponements for minimum air quality emission standards for affected facilities.
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Document type: Statement
DECISION ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES FOR MINIMUM AIR QUALITY EMISSION STANDARDS: REQUEST FOR COPIES OF DECISIONS, AND REQUEST FOR REASONS IN TERMS OF S5 OF THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT, 2000
The Centre for Environmental Rights (CER), representing various environmental NGOs and community groups, has requested the Department of Environmental Affairs to provide copies of decisions and written reasons regarding the postponement of compliance time-frames for minimum air quality emission standards for 35 facilities.
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Document type: Statement
MINING WITHIN PROTECTED ENVIRONMENTS WITHIN MPUMALANGA PROVINCE
This expert panel report, compiled by Emross Consulting Pty. Ltd. for the Mpumalanga Tourism and Parks Agency (MTPA), evaluates the legality and environmental implications of mining within protected environments in Mpumalanga Province, focusing specifically on the proposed Yzermyn coal mine in the Mabola Protected Environment (MPE). The report concludes that the MPE's proclamation was well-founded due to its high biodiversity and hydrological value, and recommends against allowing mining in the area.
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Document type: Report
MINING RIGHT APPLICATION MP 30/5/1/2/2/10069 GRANTING OF MINING RIGHT TO ATHA-AFRICA VENTURES (PTY) LTD IN RESPECT OF PROPERTIES IN THE MABOLA PROTECTED ENVIRONMENT
The Centre for Environmental Rights (CER) sent an urgent letter to the Department of Mineral Resources (DMR) on 23 February 2015, requesting confirmation and documentation regarding a mining right allegedly granted to Atha-Africa Ventures (Pty) Ltd (AAV) within the Mabola Protected Environment.
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Document type: Statement
Joint Media Statement by Civil Society Coalition on the MPRDA: Minister Ramatlhodi chooses a dangerous path
A joint media statement by a civil society coalition criticizing Minister of Mineral Resources Ngoako Ramatlhodi for ignoring mining-affected communities and prioritizing corporate interests over public participation and justice in the development of the Mineral and Petroleum Resources Development Act (MPRDA).
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Document type: Statement
PAIA CIVIL SOCIETY NETWORK SHADOW REPORT 2014
The PAIA Civil Society Network (CSN) Shadow Report 2014 evaluates the implementation of the Promotion of Access to Information Act (PAIA) in South Africa between August 2013 and July 2014. The report documents widespread non-compliance by both public and private bodies, characterized by high rates of ignored requests, failures to meet statutory deadlines, and a perceived shift toward government secrecy. It highlights the role of litigation in securing information and discusses legislative developments, including the Protection of Personal Information Act and the Protection of State Information Bill.
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Document type: Report
S24G and Similar Listings
This guide provides a framework for identifying 'similar listings' across different iterations of South African environmental legislation to determine if pending or unlawful activities can be authorized under current regulations. It specifically addresses the transition between the Environment Conservation Act (ECA), the National Environmental Management Act (NEMA), and the 2014 EIA Regulations (GNR 982, 983, 984, and 985).
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Document type: Guide
Promotion of Access to Information Civil Society Network 2015 Shadow Report
The 2015 Shadow Report by the Promotion of Access to Information Civil Society Network (PAIA CSN) evaluates the implementation of the Promotion of Access to Information Act 2 of 2000 (PAIA) in South Africa between 1 August 2014 and 31 July 2015. The report finds that while the right to access information is constitutionally enshrined, public bodies frequently undermine this right through non-compliance with statutory timeframes, failure to provide legitimate grounds for refusal, and poor record-keeping. The report highlights a contrast between the relatively better compliance of private bodies and the systemic failures of various state departments, while advocating for the urgent appointment of an independent Information Regulator to provide an alternative to costly litigation.
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Document type: Report