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1,323 documents from Centre for Environmental Rights
Financial Provisions for Rehabilitation and Closure in South African Mining
The document assesses the adequacy of financial provisions for mine closure in South Africa, identifying systemic failures in estimation, securing funds, and financial reporting. It highlights that many Environmental Management Plans (EMPs) are inadequate, master rates for costs are not inflation-adjusted, and concurrent rehabilitation is underperformed. The report recommends updating the Department of Mineral Resources (DMR) guidelines, enhancing the SAMREC code, and improving public access to financial provision data. It also analyzes the risks associated with different financial instruments—such as trust funds, bank guarantees, and insurance—and the legal uncertainties regarding the ring-fencing of these funds during company insolvency or business rescue.
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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
mining and environment litigation review
The report analyzes 32 judicial precedents and 16 'live' cases to assess the legal landscape of mining and environmental rights in South Africa. It highlights a significant increase in litigation since the 2004 Mineral and Petroleum Resources Development Act (MPRDA), noting that while courts have made progressive rulings on land-use planning and consultation, there are critical gaps in jurisprudence regarding the National Environmental Management Act (NEMA) and the National Water Act (NWA). The document identifies systemic failures in the Department of Mineral Resources' (DMR) administrative processes, including lengthy appeal delays and inadequate public notification, and provides strategic recommendations for civil society to use constitutional norms and specific precedents to hold mining companies and the state accountable.
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Document type: Report
Minister Molewa’s 2012 Budget Vote Speech for DEA: Climate change, Rio+20, Green Economy jobs, EIAs, Waste Strategy and rhino poaching
Minister Molewa's 2012 Budget Vote Speech details South Africa's commitment to a 'just transition' to a low-carbon, green economy. Key initiatives include the implementation of the National Climate Change Response Policy, the rollout of a 800 million Rand Green Fund, and the creation of biodiversity jobs through SANBI. The speech also addresses the National Waste Management Strategy, the fight against rhino poaching through SADC collaboration and CITES engagement, and the streamlining of Environmental Impact Assessments (EIAs) to balance economic growth with sustainability.
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Document type: Statement
SONA 2012: A “massive infrastructure development drive”
President Jacob Zuma's 2012 State of the Nation Address focuses on a "massive infrastructure development drive" to combat unemployment, poverty, and inequality. The plan includes five geographically-focussed programmes to integrate rail, road, and water infrastructure, alongside significant investments in ports and mining beneficiation. The address also highlights the transition toward a green economy, including solar energy targets and the management of acid mine drainage, while reporting on progress in education, health, 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 (CER) argues that the South African Weather Service Amendment Bill, 2011, introduces problematic penalties for issuing air pollution-related warnings without permission. CER contends this could criminalise independent air quality monitoring and contradict existing protections in the National Environmental Management Act (NEMA). They propose removing the 'air pollution-related warning' offence and explicitly aligning the Weather Service's objectives with the Constitution and NEMA.
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Document type: Statement
MACCSAND (PTY) LTD v CITY OF CAPE TOWN & OTHERS CCT 103/11 [2012] ZACC 7
The Constitutional Court ruled that the Mineral and Petroleum Resources Development Act (MPRDA) does not override the Land Use Planning Ordinance (LUPO), meaning mining rights holders must still comply with land use zoning requirements. The court clarified that the MPRDA and LUPO serve different purposes—mining governance and land use regulation, respectively—and that their overlap does not constitute an impermissible intrusion of local government into national spheres. Additionally, the court refused to grant a declaratory order on the conflict between the MPRDA and the National Environmental Management Act (NEMA), dismissing the cross-appeal on the grounds that it lacked a chance of success.
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Document type: Legal commentary
National Environmental Compliance & Enforcement Report 2011-12
The National Environmental Compliance & Enforcement Report 2011-12 details the activities of South Africa's Environmental Management Inspectorate (EMI). Key trends include a 30% increase in registered EMIs, a significant rise in Section 24G administrative fines, and a focus on combating rhino poaching. The report provides detailed statistics on criminal dockets, convictions, and industrial inspections, while highlighting landmark court cases and capacity-building efforts for inspectors and prosecutors.
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Document type: Report
ENVIRONMENTAL REGULATION OF PROSPECTING, RECONNAISSANCE, EXPLORATION AND MINING: THE PROPOSED AMENDMENT TO THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (MPRDA), DECLARATIONS UNDER S.49 OF THE MPRDA TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY, AND SAMRAD
The Centre for Environmental Rights advocates for the alignment of mining environmental regulations with the National Environmental Management Act (NEMA), the use of Section 49 of the MPRDA to prohibit mining in critical biodiversity and hydrological areas, and the integration of GIS environmental data into the SAMRAD online application system to prevent mining rights from being granted in ecologically sensitive areas.
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Document type: Statement
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 report to the Petroleum Agency of South Africa (PASA) following a series of community workshops in the Karoo. The CER argues that public participation by Shell's consultants, Golder Associates, was insufficient, as only 14% of workshop attendees had participated in those meetings. The document details widespread community concerns regarding water contamination, food security, and health, while noting a regional divide where some Eastern Karoo residents welcome potential economic benefits. The CER recommends additional consultation and the creation of simplified information brochures to ensure disadvantaged communities can exercise their constitutional rights.
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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
The document details South Africa's efforts to increase water access, which has risen from 62% in 1994 to 93% in 2011. It highlights strategic water infrastructure projects, such as the Mokolo and Crocodile River (West) project and the Spring Grove Dam, alongside a focus on groundwater and desalination. Environmental priorities include combating rhino poaching, implementing the Waste Act to foster a recycling sector, and finalizing a Climate Change Response Policy White Paper ahead of the UN Climate Change conference in Durban. The Minister emphasizes the role of the environment sector in job creation through programs like Working for Water and Working for Wetlands.
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Document type: Statement
Budget Vote Speech by Minister Shabangu 2011-2: MPRDA review, Karoo fracking, SAMRAD and rehabilitation of derelict mines
The document is a budget vote speech by Minister Shabangu detailing a R1,036 billion budget for the 2011/12 financial year. Key priorities include the review of the Mineral and Petroleum Resources Development Act (MPRDA), the implementation of the SAMRAD online licensing system, and a moratorium on shale gas exploration in the Karoo. The Minister emphasizes the need for beneficiation, the rehabilitation of derelict mines, and improvements in mine health and safety following an increase in fatalities.
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Document type: Statement
INTEGRATED RESOURCE PLAN FOR ELECTRICITY 2010-2030
The Policy-Adjusted IRP 2010-2030 outlines South Africa's strategy for electricity generation expansion and demand-side management. It recommends a diversified energy mix including 9.6 GW of nuclear, 6.3 GW of new coal, and 17.8 GW of renewables (wind, solar PV, and CSP) to balance security of supply, economic growth, and carbon emission constraints. The plan emphasizes accelerating renewable energy to foster local industry and includes a Medium Term Risk Mitigation Project to address anticipated supply shortfalls between 2011 and 2016 through demand response and increased generation availability.
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Document type: Report
ELECTRICITY REGULATIONS ON NEW GENERATION CAPACITY
The Electricity Regulations on New Generation Capacity, issued by the South African Minister of Energy under the Electricity Regulation Act 4 of 2006, establish the legal framework for procuring new electricity generation capacity by organs of state. The regulations cover planning via integrated resource plans, feasibility studies, ministerial determinations, and the procurement of capacity from Independent Power Producers (IPPs) and cross-border projects, while specifically excluding nuclear power technology.
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Document type: Report
Minister Molewa’s Budget Speech 2012 for DWA: Water security, service delivery, enforcement and legislative review
A budget vote speech delivered by Minister Edna Molewa on 14 April 2011, outlining the Department of Water Affairs' strategy to increase water availability for economic growth and job creation in South Africa. The speech details major infrastructure projects, water security measures, regulatory frameworks for water quality, and plans for legislative review to prevent water hoarding.
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Document type: Statement
Minister Molewa’s Budget Speech 2012 for DEA: Job creation, biodiversity management, climate change and integrated permitting
The 2011 budget speech for the Department of Environmental Affairs details South Africa's commitment to reducing carbon emissions by 34% by 2020 and 42% by 2025. It highlights the transition to a green economy, the integration of 'working for' employment programmes to provide 5 million person-days of work in 2011/12, and the fight against rhino poaching. The speech also announces the upcoming National Biodiversity Assessment report and the commissioning of the SA Agulhas II research vessel.
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Document type: Statement
Minister Joemat-Pettersson’s Budget Speech 2011 for DAFF: Job creation, floods, climate change and forestry, and marine enforcement
The 2011/12 budget for South Africa's Department of Agriculture, Forestry and Fisheries (DAFF) is 4.719 billion rand, with a primary focus on poverty alleviation and job creation. The department aims to create 130,000 jobs in agriculture, forestry, and fisheries by 2014 and establish 50,000 commercially-oriented smallholder farmers. Key initiatives include the 'Zero Hunger Plan' for smallholder market access and the transformation of 12 agricultural colleges into National Agricultural Training Institutes. The budget allocates specific funds for flood relief (over 200 million rand over three years), forestry sustainability (300 million rand), and the sustainable management of forestry resources (550 million rand). In fisheries, the government has designated 9% of the coastline as prohibited zones and 3% of the offshore zone as no-fishing areas to protect marine ecosystems. The document also highlights South Africa's role as the host for COP 17 and its strategic alignment with BRICS to improve export access.
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Document type: Statement