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1,469 documents from Centre for Environmental Rights
NATIONAL EXEMPTION REGULATIONS, 2014
The National Exemption Regulations, 2014, establish the formal process for applying for and processing exemptions from the National Environmental Management Act, 1998, its regulations, or related notices. The regulations detail the submission requirements, public participation mandates, and the decision-making timelines for the Minister of Environmental Affairs, the Minister responsible for mineral resources, or the MEC.
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Document type: Guide
ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014
The Environmental Impact Assessment Regulations, 2014, establish the legal procedures and criteria for preparing, submitting, and deciding upon applications for environmental authorisations in South Africa. The regulations detail two primary assessment paths—Basic Assessment and Scoping and Environmental Impact Reporting (S&EIR)—and mandate the appointment of independent environmental assessment practitioners (EAPs) to manage the process. They also set strict timeframes for government decisions, requirements for public participation, and protocols for the auditing and amendment of environmental management programmes (EMPr) and closure plans.
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Document type: Guide
Environmental Impact Assessment Regulations, 2014
The Environmental Impact Assessment Regulations, 2014, establish the legal procedures and criteria for preparing, submitting, and deciding upon applications for environmental authorisations in South Africa. The regulations detail two primary assessment paths—Basic Assessment and Scoping and Environmental Impact Reporting (S&EIR)—and mandate the involvement of independent Environmental Assessment Practitioners (EAPs) and specialists to mitigate detrimental environmental impacts.
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Document type: Guide
WRITTEN COMMENTS ON THE DRAFT REGULATIONS PERTAINING TO THE FINANCIAL PROVISION FOR THE REHABILITATION, CLOSURE AND POST CLOSURE OF PROSPECTING, EXPLORATION, MINING AND PRODUCTION OPERATIONS
The Centre for Environmental Rights (CER) submitted written comments on December 1, 2014, regarding the Draft Regulations for financial provision for the rehabilitation, closure, and post-closure of mining operations in South Africa. While the CER views the draft as a "welcome improvement" over previous systems, it argues that the regulations are too narrow in scope, lack sufficient definitions for 'rehabilitation' and 'specialist', and contain loopholes regarding trust deeds and the duration of 'care and maintenance' periods.
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Document type: Statement
Company Secretary, ArcelorMittal SA and another v Vaal Environmental Justice Alliance (AMSA v VEJA) – Supreme Court of Appeal
The Supreme Court of Appeal of South Africa ordered ArcelorMittal (AMSA) to disclose environmental records, including a 'Masterplan' on pollution levels at its Vanderbijlpark plant, to the Vaal Environmental Justice Alliance (VEJA). The court ruled that VEJA's request was valid under the Promotion of Access to Information Act (PAIA) for the protection of environmental rights, emphasizing that corporate secrecy is unacceptable in matters of environmental protection and that public participation is essential for constitutional enforcement.
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Document type: Case study
MONEY TALKS
This report by the Centre for Environmental Rights (CER) analyzes the implementation of the Promotion of Access to Information Act, 2000 (PAIA) in South Africa between January 2010 and August 2014. It details the challenges in accessing environmental governance and management records from government departments, parastatals, and private bodies, highlighting a trend of using the protection of third-party commercial information to refuse requests.
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Document type: Report
NKANGALA IMPLEMENTATION TASK TEAM (ITT) MEETING ON 13 NOVEMBER 2014
The Centre for Environmental Rights (CER) sent a letter to the chairperson of the Nkangala District Municipality (NDM) Implementation Task Team (ITT) on 29 October 2014. The letter outlines specific requests for the 13 November 2014 meeting and future ITT meetings to ensure the proper implementation of the Air Quality Management Plan (AQMP) for the Highveld Priority Area (HPA).
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Document type: Statement
ADDITIONAL SUBMISSIONS ON ESKOM’S APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004: FOCUSSING ON ESKOM’S RESPONSES REGARDING HEALTH IMPACTS, FUTURE COMPLIANCE AND MONITORING DATA
The Centre for Environmental Rights (CER) submitted a statement to the Department of Environmental Affairs (DEA) opposing Eskom's applications to postpone compliance with Minimum Emission Standards (MES). The CER argues that Eskom failed to provide required health impact assessments and future compliance plans, while monitoring data indicates that Eskom's emissions cause frequent, year-round exceedances of air quality guidelines, contributing to significant regional health risks.
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Document type: Statement
Open letter to Environmental Affairs Minister Edna Molewa on talks with Sasol
An open letter from 11 civil society and community organisations to South Africa's Minister of Environmental Affairs, Edna Molewa, urging the government to reject requests for exemptions from air pollution standards by Sasol and the National Petroleum Refiners of SA (Natref).
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Document type: Statement
National Environmental Compliance & Enforcement Report 2013/14
The National Environmental Compliance & Enforcement Report 2013/14 provides a comprehensive overview of the activities of South Africa's Environmental Management Inspectorate (EMI). It details statistics on criminal and administrative enforcement, compliance monitoring across 'brown' (pollution/waste) and 'green' (biodiversity) sectors, and specific case studies involving industrial facilities and wildlife crime, particularly rhino poaching.
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Document type: Report
WRITTEN COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS
The Centre for Environmental Rights (CER) submitted written comments on the Draft Environmental Impact Assessment (EIA) Regulations published in August 2014. The CER argues that the proposed timeframes for assessments and decision-making are insufficient and potentially unconstitutional, and that the regulations fail to adequately address climate change impacts, the inefficiencies of the basic assessment process, and the need for clear guidance on biodiversity offsets to ensure 'no net loss' to the environment.
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Document type: Statement
WRITTEN COMMENTS ON THE DRAFT NATIONAL APPEAL REGULATIONS
The Centre for Environmental Rights (CER) submitted written comments on September 22, 2014, regarding the Draft National Appeal Regulations. The CER strongly opposes the proposed truncated timeframes for submitting appeals and making decisions, arguing that they violate the Constitution of the Republic of South Africa, the Promotion of Administrative Justice Act (PAJA), and the National Environmental Management Act (NEMA). The CER recommends widening the definition of 'independent' for experts, limiting the regulations' application to mining-related matters, and introducing provisions for the condonation of late filings.
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Document type: Statement
Comments on the Integrated Water Use Licence Application Report for KiPower’s proposed construction of a 600 Megawatt (MW) Independent Power Producer Coal-fired Power Station
This document consists of a formal submission by the Centre for Environmental Rights (CER) and an accompanying independent peer review by Carin Bosman Sustainable Solutions (CBSS). It critiques the Integrated Water Use Licence Application (IWULA) Report prepared by Jones and Wagner for KiPower's proposed 600 MW coal-fired power station in Mpumalanga, South Africa. The CER and CBSS conclude that the IWULA is 'Inadequate' due to significant procedural and substantive failures, including the absence of a practical Integrated Water and Waste Management Plan (IWWMP) Action Plan and a failure to adequately assess impacts on groundwater and other water users.
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Document type: Report
PRIORITY AREAS: MANAGEMENT OF MULTI-STAKEHOLDER REFERENCE GROUP MEETINGS AND IMPLEMENTATION TASK TEAM MEETINGS
A letter from the Centre for Environmental Rights to the South African Department of Environmental Affairs requesting urgent improvements to the management of Multi-Stakeholder Reference Group (MSRG) and Implementation Task Team (ITT) meetings for designated air quality priority areas.
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Document type: Statement
Comments on the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations. The CER argues that the draft regulations contain overly broad confidentiality restrictions that hinder public access to emissions data, contradicting international best practices and South African constitutional and statutory principles.
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Document type: Statement
SEABED MINING: RETENTION OF AN OVERALL PERSPECTIVE
A position statement by Dr Allan Heydorn and Prof Michael Orren arguing for a precautionary approach to seabed mining, emphasizing the interdependence of marine ecosystems and the risks to fisheries and global food security.
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Document type: Statement
ESKOM’S APPLICATIONS FOR POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004: ESKOM HEALTH STUDIES
The Centre for Environmental Rights (CER) submitted a letter to the Department of Environmental Affairs on 24 June 2014, arguing that Eskom failed to conduct necessary health impact assessments for its applications to postpone Minimum Emission Standards (MES). The CER highlights expert estimates of significant premature deaths and economic costs resulting from Eskom's emissions and notes that Eskom previously withheld its own internal health risk reports from the public.
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Document type: Statement
REQUEST FOR INVESTIGATION AND PROSECUTION OF POTENTIAL CRIMINAL OFFENCES LEADING TO THE DEATH OF THREE INFANTS FROM DRINKING WATER CONTAMINATION AT BLOEMHOF, NORTHWEST
The Centre for Environmental Rights has requested that the South African Police Service (SAPS) and the National Prosecuting Authority investigate and prosecute potential criminal offences following a drinking water contamination event in Bloemhof, Northwest, which resulted in the deaths of at least three infants and hundreds of hospital admissions.
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Document type: Statement
PIXLEY KA SEME DISTRICT SPATIAL DEVELOPMENT FRAMEWORK/ LAND DEVELOPMENT PLAN (SDF) 2013-2018
The Pixley Ka Seme District Spatial Development Framework (2013-2018) provides a strategic spatial plan for a region in the Northern Cape, South Africa, characterized by vast landscapes and significant socio-economic challenges. Key priorities include leveraging the SKA project in Carnarvon, developing a renewable energy hub (particularly solar), and optimizing transport corridors (N1, N8, N10, N12) and the Orange River corridor. The plan emphasizes sustainable water management in a water-scarce region, the promotion of Karoo-based agro-tourism, and the integration of local municipalities to foster economic growth and poverty eradication.
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Document type: Report
Additional comments to the declaration of greenhouse gases as priority pollutants
The Centre for Environmental Rights submitted additional comments to the Department of Environmental Affairs regarding the declaration of greenhouse gases as priority pollutants, specifically requesting clearer distinctions in the classification of land use and land use change.
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Document type: Statement