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1,469 documents from Centre for Environmental Rights
Barricading the Doors: The Latest on our Work on Transparency in Environmental Governance in South Africa
The Centre for Environmental Rights (CER) reports on its efforts to use the Promotion of Access to Information Act (PAIA) to obtain environmental records from government and private entities in South Africa as of February 2013.
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Document type: Report
The latest on our work on transparency in environmental governance in South Africa
This report by the Centre for Environmental Rights (CER) analyzes trends in the disclosure of environmental information in South Africa for 2012, comparing them to 2010-11. It finds that while public bodies are more actively responding to requests under the Promotion of Access to Information Act (PAIA), actual disclosure has decreased and active refusals have increased. Private companies have shifted from ignoring requests to actively opposing disclosure, often through legal proceedings.
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Document type: Report
MOTIVATION FOR THE DECLARATION OF THE MABOLA PROTECTED ENVIRONMENT IN SOUTHERN MPUMALANGA IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT
This report provides the motivation for declaring the Mabola Protected Environment in southern Mpumalanga, South Africa, under the National Environmental Management: Protected Areas Act. The proposed area consists of 22 properties totaling 8,772 hectares, identified for their high biodiversity value, including endangered ecosystems and critical water catchments. The document outlines the ecological significance of the site, the legal framework for its declaration, and the results of consultations with landowners and local government.
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Document type: Report
WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS
This guide, published by the Centre for Environmental Rights in January 2013, provides detailed schedules of criminal offences and their corresponding penalties under various South African laws applicable to the mining sector. It serves as a reference for enforcing environmental rights by outlining the legal consequences for violating acts related to mineral resources, environmental management, water use, air quality, protected areas, biodiversity, waste, and mine health and safety.
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Document type: Guide
Mining and Biodiversity Guideline
The Mining and Biodiversity Guideline (2013) provides a framework for the South African mining industry to integrate biodiversity conservation into the mining life cycle. It establishes six core principles—including the application of the law and the use of the mitigation hierarchy (avoid, minimise, rehabilitate, offset)—to manage ecological risks. The guide categorises biodiversity priority areas by risk level, from legally prohibited zones to moderate-risk areas, and outlines specific requirements for environmental impact assessments (EIAs) and Environmental Management Programmes (EMPs) to ensure sustainable development and legal compliance.
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Document type: Guide
DRAFT NATIONAL WATER RESOURCE STRATEGY 2ND EDITION
The Centre for Environmental Rights (CER) submitted comments on the Draft Second Edition of the National Water Resource Strategy (draft NWRS2) to the Portfolio Committee on Water and Environmental Affairs. The CER evaluates the draft against its own 2012 report, 'Stop Treading Water', highlighting areas of alignment and critical gaps in governance, institutional stability, and regulatory enforcement within South Africa's water sector.
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Document type: Statement
SUBMISSIONS REGARDING THE REVIEW OF THE NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT
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 August 22, 2012, regarding the review of the National Framework for Air Quality Management. The submission criticizes the lack of a systematic review of the 2007 Framework, the absence of a current State of the Air Report, and significant gaps in air quality monitoring and public access to information. The CER advocates for more stringent emission standards, mandatory reporting for data holders, and a more inclusive, transparent review process.
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Document type: Statement
Position statement on protection of environmental rights in decisions around fracking for shale gas
The Centre for Environmental Rights (CER) issued a position statement calling for transparency and accountability in the South African government's decision-making process regarding shale gas fracking exploration licences in the Karoo basin.
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Document type: Statement
Financial Provisions for Rehabilitation and Closure in South African Mining
This 2012 report by the Centre for Environmental Rights, funded by WWF-SA, evaluates the system for financial provisions for mine rehabilitation and closure in South Africa. It identifies systemic failures in the estimation, securing, and reporting of these funds, arguing that current practices often lead to the underestimation of environmental liabilities and leave the state vulnerable to costs from abandoned mines.
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Document type: Report
GREEN FLASH TRADING 251 (PTY) LTD AND GREEN FLASH TRADING 257 (PTY) LTD APPLICATIONS FOR PROSPECTING RIGHTS IN THE OCEAN - CAPE COLUMBINE TO CAPE INFANTA ENVIRONMENTAL MANAGEMENT PLAN
A statement from an unnamed Association to the Department of Mineral Resources objecting to the Environmental Management Plan (EMP) and public participation process conducted by Green Flash Trading 251 and 257 (Pty) Ltd regarding prospecting rights for marine phosphates between Cape Columbine and Cape Infanta.
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Document type: Statement
DECLARATION OF THE WATERBERG NATIONAL PRIORITY AREA
The document is a formal declaration by the Minister of Water and Environmental Affairs designating the Waterberg National Priority Area under the National Environmental Management: Air Quality Act, 2004, due to concerns over ambient air quality and trans-boundary pollution.
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Document type: Statement
State of the Nation Address
The 2012 State of the Nation Address by President Jacob G Zuma outlines a 'massive infrastructure development drive' designed to combat the 'triple challenge' of unemployment, poverty, and inequality in South Africa. The address details strategic investments in transport, mining, and social infrastructure, while reporting on progress in job creation, education, and land reform.
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Document type: Statement
REGULATIONS FOR THE PROPER ADMINISTRATION OF NATURE RESERVES
The Regulations for the Proper Administration of Nature Reserves, published on 8 February 2012 under the National Environmental Management: Protected Areas Act 57 of 2003, establish a legal framework for the management, conservation, and use of nature reserves in South Africa. The document outlines the powers of management authorities, rules for public access, restrictions on biological resource use, and penalties for non-compliance.
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Document type: Report
DRAFT AMENDMENT TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004’S LIST OF ACTIVITIES WHICH RESULT IN ATMOSPHERIC EMISSIONS WHICH HAVE OR MAY HAVE A SIGNFICANT DETRIMENTAL EFFECT ON THE ENVIRONMENT, INCLUDING HEALTH, SOCIAL CONDITIONS, ECONOMIC CONDITIONS, ECOLOGICAL CONDITIONS OR CULTURAL HERITAGE
The Centre for Environmental Rights (CER), acting for groundWork and the Vaal Environmental Justice Alliance (VEJA), submitted a statement to the Department of Environmental Affairs on 31 January 2012. The document objects to proposed amendments to the National Environmental Management: Air Quality Act, 2004’s list of activities resulting in atmospheric emissions, arguing that the changes generally relax emission limits, extend compliance time-frames, and were developed through a non-transparent process that favored industry representatives over affected communities.
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Document type: Statement
STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011
The Centre for Environmental Rights, representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted a statement to the Portfolio Committee on Water and Environmental Affairs regarding the South African Weather Service Amendment Bill, 2011. The submission expresses grave concerns that the Bill's proposed criminalization of issuing air pollution-related warnings without permission would undermine public health, freedom of speech, and existing environmental governance frameworks under the National Environmental Management Act (NEMA).
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Document type: Statement
National Environmental Compliance & Enforcement Report 2011-12
The National Environmental Compliance & Enforcement Report 2011-12 provides a comprehensive overview of the activities of the Environmental Management Inspectorate (EMI) in South Africa. It details a significant increase in EMI capacity, particularly Grade 5 field rangers, and tracks national statistics on criminal and administrative enforcement. The report highlights a rise in section 24G administrative fines and a focus on proactive industrial compliance, while also documenting the ongoing crisis of rhino poaching and the illegal trade in cycads. It further outlines specific court cases, legislative developments, and capacity-building efforts for inspectors and prosecutors.
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Document type: Report
PROPOSED SOUTH WESTERN KAROO BASIN GAS EXPLORATION PROJECT – PETROLEUM AGENCY OF SOUTH AFRICA REFERENCE NUMBERS: 12/3/219, 12/3/220, 12/3/221: REQUEST FOR AN EXTENSION OF TIMEFRAMES AND FEEDBACK FROM COMMUNITY WORKSHOP SERIES
The Centre for Environmental Rights (CER) submitted a letter to the Petroleum Agency of South Africa (PASA) on 12 August 2011, reporting on a series of community workshops regarding Shell's shale gas exploration applications in the Karoo. The CER highlights significant gaps in public participation, reports widespread community concerns regarding water and food security, and urges PASA to require additional consultation with disadvantaged communities before recommending a decision on the Environmental Management Programme (EMP).
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Document type: Statement
Minister Molewa’s Budget Vote Speech for the DEA and DWA in the NCOP: Access to water, enforcement, water security and environmental integrity
A budget vote speech delivered by Minister Molewa on June 23, 2011, to the National Council of Provinces, outlining progress and strategic plans for the Department of Environmental Affairs (DEA) and the Department of Water Affairs (DWA) in South Africa. The speech focuses on increasing water access, enhancing water security through infrastructure and desalination, combating environmental crime such as rhino poaching, and addressing the impacts of climate change.
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Document type: Statement
FOURTH RESPONDENT’S HEADS OF ARGUMENT
This document contains the heads of argument submitted by the Fourth Respondent (the Minister of Local Government, Environmental Affairs and Development Planning, Western Cape Province) to the Supreme Court of Appeal of South Africa. The legal dispute centers on whether mining permits or rights granted under the Mineral and Petroleum Resources Development Act (MPRDA) exempt a holder from obtaining land-use authorisations under the Land Use Planning Ordinance (LUPO) and environmental authorisations under the National Environmental Management Act (NEMA). The Fourth Respondent argues that these regulatory regimes are concurrent and that a mining right does not override municipal zoning or national environmental requirements.
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Document type: Briefing
Budget Vote Speech by Minister Shabangu 2011-2: MPRDA review, Karoo fracking, SAMRAD and rehabilitation of derelict mines
A budget vote speech delivered by Minister Shabangu on 2 June 2011, outlining the Department of Mineral Resources' budget for the 2011/12 financial year, regulatory reforms to the MPRDA and Mine Health and Safety Act, the launch of a state-owned mining company, and specific environmental interventions regarding the Karoo and derelict mines.
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Document type: Statement