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1,323 documents from Centre for Environmental Rights
THE MEDIUM-TERM REVIEW OF THE 2011 HIGHVELD PRIORITY AREA (HPA): AIR QUALITY MANAGEMENT PLAN DRAFT REVIEW REPORT
The review finds that ambient air quality in the Highveld Priority Area (HPA) has not shown significant improvement since 2012, with frequent exceedances of National Ambient Air Quality Standards (NAAQS). Industrial sources remain the dominant contributors of SO2 and NOx, while mining is the primary source of PM10. An audit of the AQMP implementation reveals that less than 50% of interventions have been fully achieved, with significant deficiencies in vehicle emissions, waste management, and low-income settlement interventions. While government organizational capacity and awareness have improved, the report recommends a revised plan with SMART goals and strengthened cooperative governance across national departments.
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Document type: Report
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
REQUEST FOR REVIEW AND STRENGHENING OF THE NATIONAL DUST CONTROL REGULATIONS
The Centre for Environmental Rights, representing various community and environmental organisations, argues that the 2013 National Dust Control Regulations are ineffective due to their reliance on a 30-day monitoring average and the 'crude' ASTM D1739 test method. The letter highlights that PM10 fugitive emissions from mine haul roads account for 49% of total annual PM10 emissions in the Highveld Priority Area. It recommends adopting a pro-active 'best practices' approach and opacity standards similar to those used in Michigan and Utah (USA), and calls for mandatory geochemical and radionuclide analysis of dust from tailings storage facilities to address toxicity and radiation risks.
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Document type: Statement
Government Gazette
The 'Environmental Impact Assessment Guideline for Renewable Energy Projects' outlines the regulatory framework and procedural requirements for deploying renewable energy technologies in South Africa. It details the environmental impacts of various technologies—including wind, solar, biomass, and hydropower—and maps these to the specific national legislation and authorisations required under the National Environmental Management Act (NEMA) and other sectoral laws. The guide provides a structured approach to the Basic Assessment (BA) and Scoping and Environmental Impact Reporting (S&EIR) processes, including timeframes, stakeholder roles, and mitigation strategies to ensure sustainable development.
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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)
South Africa's INDC proposes a 'peak, plateau and decline' emissions trajectory, with GHG emissions expected to peak between 2020 and 2025 and decline in absolute terms after 2036. The plan integrates climate action with the National Development Plan's goal to eliminate poverty by 2030. Adaptation efforts focus on six goals, including the development of a National Adaptation Plan by 2020, while mitigation emphasizes a transition to a low-carbon economy through renewable energy and efficiency. The document emphasizes that these commitments are premised on a fair multilateral agreement and the provision of international finance, technology, and capacity-building support.
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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
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
NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN
The Nkangala District Municipality Air Quality Management Plan assesses air quality across six local municipalities, identifying significant pollution from industrial point sources, domestic fuel burning, and mining. It details ambient air quality exceedances for PM10, SO2, and NOx, identifies specific 'hot spots' such as eMalahleni and Middelburg, and outlines a comprehensive implementation plan to improve government capacity and reduce emissions by 2020.
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Document type: Report
DECISION ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES FOR MINIMUM AIR QUALITY EMISSION STANDARDS: REQUEST FOR CLARIFICATION
The Centre for Environmental Rights (CER) has identified significant discrepancies in the National Air Quality Officer's (NAQO) decisions regarding Eskom's applications for postponement of minimum emission standards (MES). The CER highlights inconsistencies between the postponement periods and emission limits sought by Eskom and those actually granted, as well as a lack of clear commencement dates for certain standards. Specifically, the CER notes that for several power stations, the NAQO appears to have granted open-ended postponements for SO2 emissions 'until decommissioning' or implicitly granted 2020 MES postponements that were not explicitly requested. The document seeks formal clarification on these administrative inconsistencies to advise environmental justice organisations and impacted community groups.
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Document type: Statement
DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW-INCOME SETTLEMENTS
The Centre for Environmental Rights (CER) is calling on the South African Department of Environmental Affairs to formally publish the draft Strategy to Address Air Pollution in Dense Low-Income Settlements for public comment by 30 April 2015. The CER argues that residents in low-income settlements suffer disproportionate exposure to poor air quality from industrial sources and domestic fuel burning, leading to severe respiratory and cardio-vascular illnesses, particularly in children and the elderly. The document highlights that the strategy was a deliverable as far back as 2010 and is essential for local governments, such as the Nkangala District Municipality, to meet air quality compliance goals by 2020. The CER asserts that the state's failure to address these health risks violates constitutional rights to an environment not harmful to health and the progressive realisation of adequate housing.
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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