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1,469 documents from Centre for Environmental Rights
Submission to Portfolio Committee on Mineral Resources on the Mineral and Petroleum Resources Amendment Bill [B15-2013]
A joint submission by five environmental organisations to the Portfolio Committee on Mineral Resources regarding the Mineral and Petroleum Resources Amendment Bill [B15-2013]. The submission argues that the Bill and the principal Act fail to protect constitutional rights to fair administrative action and access to information for parties affected by mining.
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Document type: Statement
Submission to Portfolio Committee on Mineral Resources on the MPRDA Amendment Bill: Environment authorities are more appropriately placed to consider, issue and ensure compliance with environmental authorisations for mining activities
A joint submission by several environmental organisations to the Portfolio Committee on Mineral Resources arguing against the MPRDA Amendment Bill's proposal to transfer environmental authorisation and enforcement powers for mining activities to the Department of Mineral Resources (DMR). The authors contend that the DMR lacks the human resource capacity, budget, and track record to implement the National Environmental Management Act (NEMA) and that such a transfer creates an inherent conflict of interest between promoting mining and protecting the environment.
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Document type: Statement
Submission to Portfolio Committee on Mineral Resources on the MPRDA Amendment Bill: Closure, rehabilitation and financial provision (section 43 of the Act)
This joint submission by several environmental organisations and a consultant to the Portfolio Committee on Mineral Resources addresses the Mineral and Petroleum Resources Development Amendment Bill [B15-2013]. The authors focus on the issues of mine closure, rehabilitation, and financial provision, specifically arguing against a proposed 20-year limit on the retention of funds for latent environmental impacts and calling for better alignment between the MPRDA and the National Environmental Management Act (NEMA).
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Document type: Statement
ESKOM’S APPLICATION FOR EXEMPTION FROM MINIMUM EMISSION STANDARDS AND POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS TIMEFRAMES FOR ESKOM POWER STATIONS
The Centre for Environmental Rights (CER), representing several community and environmental groups, submitted comments on August 23, 2013, regarding uMoya-NILU Consulting's Plan of Study (PoS). The PoS was designed to support Eskom's applications for exemptions and postponements of Minimum Emission Standards (MES) for its power stations. The CER argues that the PoS is too narrow in scope, fails to include critical pollutants like PM2.5, uses inappropriate modelling software for near-field impacts, and lacks a mechanism to verify model outputs against real-world ambient measurements.
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Document type: Statement
NOTICE OF APPEAL AGAINST THE GRANT OF MINING RIGHT MP 30/5/1/2/2/505 MR TO WILLIAM PATRICK BOWER (PTY) LTD IN RESPECT OF PORTIONS 6 & 23 OF THE FARM GROENVLEI 353JT AND PORTION 12 OF THE FARM LAKENVALEI 355JT IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REQUEST FOR SUSPENSION OF THE AFORESAID MINING RIGHT PENDING THE OUTCOME OF THIS APPEAL
A notice of appeal submitted by BirdLife South Africa to the Minister of Mineral Resources on 30 July 2013, challenging the Director-General's decision to grant a mining right (MP 30/5/1/2/2/505 MR) to William Patrick Bower (Pty) Ltd for coal mining in the Belfast district of Mpumalanga Province.
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Document type: Statement
“A” INTERNAL APPEAL TO THE DEPARTMENT OF MINERAL RESOURCES
The World Wide Fund for Nature South Africa (WWF-SA), represented by the Centre for Environmental Rights (CER), filed an internal appeal to the Department of Mineral Resources (DMR) on 26 July 2013. The appeal challenges the DMR's refusal to grant access to records regarding seabed prospecting rights and strategies in South Africa's territorial waters and Exclusive Economic Zone (EEZ), which the DMR claimed would substantially and unreasonably divert its resources.
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Document type: Statement
ESKOM’S APPLICATION FOR EXEMPTION FROM MINIMUM EMISSION STANDARDS AND POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS TIMEFRAMES FOR ESKOM POWER STATIONS COMMENTS ON THE BACKGROUND INFORMATION DOCUMENT
The Centre for Environmental Rights (CER), representing several community groups and NGOs, submitted comments on July 19, 2013, opposing Eskom's applications for exemptions and postponements regarding Minimum Emission Standards (MES). The CER argues that such applications are legally invalid because ambient air quality standards (AAQS) are already exceeded in the priority areas where most Eskom plants are located. The document highlights severe health risks, particularly from SO2 and mercury, and criticizes Eskom for failing to consider renewable energy alternatives or the decommissioning of worst-performing plants.
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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 RESPECT OF THE APPEAL AGAINST THE AUTHORISATION FOR THE ESTABLISHMENT OF A 1200MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE-IPP THABAMETSI POWER STATION NEAR LEPHALALE, LIMPOPO PROVINCE
The Centre for Environmental Rights submitted an Answering Statement on behalf of Earthlife Africa, Johannesburg, appealing the authorisation of the 1200MW coal-fired Thabametsi Power Station in Limpopo Province, South Africa. The submission responds to a statement by Newshelf 1282 (Pty) Limited and complies with the 2010 Environmental Impact Assessment Regulations.
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Document type: Statement
REQUEST TO TAKE URGENT STEPS TO REMEDY CONSEQUENCES OF COMMENCEMENT OF MPRDA AMENDMENT ACT AS READ WITH THE 31 MAY AND 6 JUNE 2013 PROCLAMATIONS
A letter from the Centre for Environmental Rights to the Minister of Mineral Resources requesting urgent action to remedy a legal gap created by the commencement of the Mineral and Petroleum Resources Development Amendment Act, 2008 (MPRDAA), which effectively allows prospecting and mining to occur without approved environmental management plans.
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Document type: Statement
KWAZULU-NATAL PLANNING AND DEVELOPMENT AMENDMENT BILL, 2013
The KwaZulu-Natal Planning and Development Amendment Bill, 2013, proposes various amendments to the KwaZulu-Natal Planning and Development Act, 2008. It focuses on refining land consolidation and subdivision processes, updating public notice requirements, clarifying the roles of the Surveyor-General and Registrar of Deeds, and establishing transitional measures for older planning ordinances and the Development Facilitation Act, 1995.
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Document type: Report
National Water Resource Strategy
The National Water Resource Strategy (NWRS2), published in June 2013 by the Department of Water Affairs, provides a strategic framework for the protection, use, development, conservation, and management of South Africa's water resources over a five-to-ten-year period. The strategy aims to align water management with the National Development Plan (NDP) 2030 to eliminate poverty and reduce inequality. It identifies South Africa as a water-stressed country facing challenges such as security of supply, environmental degradation, and resource pollution. The NWRS2 prioritizes equitable water allocation, water conservation and demand management (WCWDM), and the establishment of robust institutional arrangements, including nine Catchment Management Agencies and nine Regional Water Utilities. To implement these goals, the document estimates a total sector investment requirement of R700 billion over ten years.
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Document type: Report
Minister Molewa’s Budget Speech 2013 for DWA: Infrastructure, interim water supply, internal controls and skills development, NWRS2, roll-out of CMAs
Budget Vote speech delivered by Minister Edna Molewa of the Department of Water and Environmental Affairs (DWA) on May 21, 2013, outlining the department's focus on equity, redistribution, infrastructure development, and water security in South Africa.
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Document type: Statement
Urgent follow-up: Clarity on the scope and extent of Minister’s commitment to protection of Chrissiesmeer Biodiversity Site
A letter from the Centre for Environmental Rights to the Minister of Mineral Resources requesting urgent clarification on the protection of the Chrissiesmeer Biodiversity Site and the prohibition of mining activities therein.
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Document type: Statement
SUBMISSIONS REGARDING THE REVIEW OF THE 2012 NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA
The Centre for Environmental Rights (CER), representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted comments on 16 April 2013 regarding the draft 2012 National Framework for Air Quality Management in South Africa. The CER argues that the Department of Environmental Affairs (DEA) failed to follow prescribed review processes, ignored legislative obligations from the 2007 Framework, and provided insufficient support to municipalities for air quality management.
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Document type: Statement
COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, 2013
The Centre for Environmental Rights (CER) submitted comments on 27 March 2013 regarding the draft Infrastructure Development Bill, 2013. The CER argues that the Bill is vulnerable to Constitutional challenge because it disregards national environmental policies, undermines the functions of provincial and local governments, and conflicts with the Promotion of Administrative Justice Act, 2000 (PAJA). While supporting the goal of streamlined approvals, the CER asserts that the Bill's proposed fast-tracking of infrastructure projects risks bypassing essential environmental impact assessments (EIAs) and public participation processes.
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Document type: Statement
CLARITY ON THE SCOPE AND EXTENT OF MINISTER’S COMMITMENT TO PROTECTION OF CHRISSIESMEER BIODIVERSITY SITE
The Centre for Environmental Rights (CER) wrote to Minister Susan Shabangu on 13 March 2013 seeking urgent clarification on the legal status of the Chrissiesmeer Biodiversity Site. Despite previous statements by the Minister that mining in the area was prohibited, the CER notes the absence of a formal declaration in the Government Gazette and the acceptance of a mining right application by Duiker Mining (Pty) Ltd for the proposed Harwar Colliery.
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Document type: Statement
1st AND 2nd RESPONDENT'S HEADS OF ARGUMENT
This document contains the heads of argument submitted by the MEC and the Chief Director of the North West Provincial Government (the 1st and 2nd Respondents) in an appeal before the Supreme Court of Appeal of South Africa. The appeal challenges an ex post facto environmental authorization granted under section 24G of the National Environmental Management Act (NEMA) for the Kgaswane Country Lodge, located in the Magaliesberg Protected Environment. The respondents argue that the appellant's request for the demolition of the lodge is disproportionate and that the review application became academic after the appellant failed to obtain an urgent interdict to stop construction.
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Document type: Briefing
Turn on the Floodlights
The Centre for Environmental Rights (CER) published this March 2013 report to provide comparative context for recommendations made in a previous report titled 'Unlock the Doors'. The document examines how corporate disclosure levels vary across different jurisdictions based on domestic and international legal requirements.
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Document type: Report
COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2012
The Centre for Environmental Rights (CER) submitted comments on the Mineral and Petroleum Resources Development Amendment Bill, 2012, arguing that while the application of the National Environmental Management Act (NEMA) to mining is welcome, the Bill fails to adequately protect community rights, ensure transparency, or establish a fair penalty system.
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Document type: Statement
SUBMISSIONS ON THE DRAFT NATIONAL DUST CONTROL REGULATIONS PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)
The Centre for Environmental Rights, acting on behalf of groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted comments on 5 February 2013 regarding the draft National Dust Control Regulations published on 7 December 2012 under the National Environmental Management: Air Quality Act, 2004 (AQA). The submission argues for stronger protections for vulnerable populations, more rigorous monitoring standards, and the inclusion of government entities in enforcement.
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Document type: Statement