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1,469 documents from Centre for Environmental Rights
Oposa v Factorian
A 1993 judgment by the Supreme Court of the Republic of the Philippines regarding a petition by minors to cancel timber license agreements to protect the environment for present and future generations.
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Document type: Case study
NOISE CONTROL REGULATIONS IN TERMS OF SECTION 25 OF THE ENVIRONMENT CONSERVATION ACT, 1989 (ACT NO. 73 OF 1989)
The Noise Control Regulations, issued under Section 25 of the Environment Conservation Act, 1989, establish a legal framework for managing noise pollution in South Africa. The regulations define 'disturbing noise' and 'noise nuisance,' grant local authorities broad enforcement powers, and set specific decibel limits for vehicles and buildings in 'controlled areas.' They also prohibit certain noise-generating activities in residential areas during specific times and outline penalties for non-compliance.
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Document type: Report
CONSERVATION OF AGRICULTURAL RESOURCES ACT 43 OF 1983
The Conservation of Agricultural Resources Act 43 of 1983 (and its associated regulations) provides a legal framework for the protection of agricultural resources in South Africa. It establishes mandatory control measures to prevent soil erosion, waterlogging, and salination, regulates the use of veld and the management of veld fires, and creates a classification system for combating weeds and invader plants. The document also outlines the administrative functions of conservation committees and the technical specifications for soil conservation beacons.
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Document type: Guide
SIMMER AND JACK MINES LTD v GF INDUSTRIAL PROPERTY CO (PTY) LTD & OTHERS 1978 (2) SA 654 (W)
This case study examines a legal dispute between Simmer and Jack Mines Ltd and GF Industrial Property Co (Pty) Ltd regarding the ownership of a mine dump on a portion of the farm Elandsfontein. The court focused on whether the mine dump constituted movable or immovable property to determine if ownership rights had been reserved during a land sale.
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Document type: Case study
NATURE AND ENVIRONMENTAL CONSERVATION REGULATIONS
The Nature and Environmental Conservation Regulations, issued on August 29, 1975, establish a comprehensive legal framework for the management of provincial nature reserves, the captivity of wild animals, the hunting of protected species, and the regulation of inland waters and flora. The document details strict requirements for cage sizes, permit systems for professional hunters, and specific prohibitions against activities that could damage the environment or disturb fauna within protected areas.
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Document type: Report
Convention on International Trade in Endangered Species of Wild Fauna and Flora
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement established to ensure that international trade in specimens of wild animals and plants does not threaten their survival. It implements a system of three Appendices to categorize species based on the level of protection required, utilizing a permit and certificate system managed by designated national Management and Scientific Authorities.
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Document type: Report
NATURE CONSERVATION ORDINANCE 8 of 1969
The Nature Conservation Ordinance 8 of 1969 establishes the legal framework for protecting fauna and flora in the Orange Free State. It regulates the hunting of protected and ordinary game, prohibits specific hunting methods (such as poisoning and trapping), controls the trade and conveyance of wild animals and indigenous plants, and provides for the management of nature reserves. The ordinance grants the Administrator power to issue permits and establishes significant penalties, including fines up to R100,000 and imprisonment up to 10 years for serious contraventions.
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Document type: Report
INTERPRETATION ACT 33 OF 1957
The Interpretation Act 33 of 1957 is a South African legislative act designed to consolidate laws regarding the interpretation and shortening of the language used in statutes. It provides standardized definitions and rules for interpreting laws, by-laws, rules, regulations, and orders in force within the Republic of South Africa, including specific provisions for former colonies and provinces.
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Document type: Report
00206BB9DB98180921100544
A letter from the Acting Minister of Environmental Affairs of South Africa to the Centre for Environmental Rights acknowledging a study on Coal Independent Power Producers and stating the country's commitment to a science-based climate response and a mix of power generation technologies as per the Integrated Resource Plan (IRP).
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Document type: Statement
00206BB9DB98190509101147
The Department of Environmental Affairs (DEA) of South Africa responded to a request from the Centre for Environmental Rights (CER) to develop regulations for the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The DEA declined this request, stating that the AQMP is a collaborative plan rather than a regulation and that existing air quality management tools are sufficient. The document also provides a detailed response to the 'Broken Promises' report, outlining progress in air quality governance, monitoring, and intergovernmental cooperation within the HPA.
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Document type: Statement
Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023
The Centre for Environmental Rights (CER) provides detailed comments on the proposed National Water Amendment Bill, focusing on the protection of water source areas, the integration of climate change resilience, and the strengthening of public participation and enforcement mechanisms in water licensing.
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Document type: Statement
SKM_28720070115330
This briefing consists of the Practice Note and Heads of Argument filed by the Centre for Environmental Rights (CER) as an amicus curiae in the Supreme Court of Appeal case Global Environmental Trust & 2 Others vs Tendele Coal Mining (Pty) Ltd & 8 Others. The CER argues that mining operations require both a mining right under the Mineral and Petroleum Resources Development Act (MPRDA) and a separate environmental authorisation under the National Environmental Management Act (NEMA), challenging a lower court's ruling that an approved Environmental Management Plan (EMP) under the MPRDA suffices as environmental authorisation.
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Document type: Briefing
SKM_28720050814180
This document consists of the Appellants' Practice Note and Heads of Argument filed in the Supreme Court of Appeal of South Africa on 8 May 2020. The Appellants, including the Global Environmental Trust and the Mfolozi Community Environmental Justice Organisation, are appealing a High Court judgment that found in favour of Tendele Coal Mining (Pty) Ltd. The appeal centers on whether Tendele's mining operations at the Somkhele Mine were conducted lawfully without specific environmental authorisations under the National Environmental Management Act (NEMA), municipal land use approvals, waste management licences, and permits for the relocation of community graves.
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Document type: Briefing
1.2-annexures-2-78fa702fbab040ea.pdf
This document consists of a series of legal submissions, correspondence, and technical reports related to an appeal against the granting of a mining right to William Patrick Bower (Pty) Ltd (WPB) for a coal mine near Belfast, Mpumalanga. The materials include a hydrogeochemical study on acid mine drainage (AMD) and decant management, a responding statement from BirdLife South Africa (represented by the Centre for Environmental Rights), and an internal appeal from the Escarpment Environment Protection Group (EEPOG). The central disputes concern procedural unfairness in the consultation process, the inadequacy of environmental impact assessments—specifically regarding biodiversity and water quality—and the lack of a sustainable mine closure plan.
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Document type: Report
1.4-annexures-4-29c174f5574f969f.pdf
This document consists of several annexures related to two proposed coal mining projects in Mpumalanga, South Africa: the Lusthof Colliery and the WPB Colliery. The first part is a draft report from 2012 by Dr. Hugo van Zyl for Black Gold Coal Estates (BGCE) regarding the financial provisioning for a Reverse Osmosis Water Treatment Plant (WTP) at Lusthof Colliery, estimating a required provision of approximately R74.42 million to cover construction and 100 years of post-closure operation. The second part contains correspondence and reviews from 2013 to 2015 regarding the WPB Colliery, featuring objections from BirdLife South Africa and technical reviews by Golder Associates. These reviews highlight 'fatal flaws' in the WPB Colliery's water use license application, specifically the lack of adequate acid mine drainage (AMD) assessment, insufficient public participation, and flawed geochemical modelling for pollution mitigation.
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Document type: Report
CER’S COMMENTS ON THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, LISTING NOTICE 1, LISTING NOTICE 2 AND LISTING NOTICE 3 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 FOR ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2) AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AS PUBLISHED IN GOVERNMENT GAZETTE NUMBER 43904 UNDER NOTICE NUMBER 1224 ON 13 NOVEMBER 2020
The Centre for Environmental Rights (CER) provides detailed comments and proposed amendments to the proposed changes to the Environmental Impact Assessment (EIA) Regulations, 2014, and associated Listing Notices. The CER focuses on improving public participation, ensuring comprehensive financial provisioning for environmental rehabilitation, and opposing 'catch-all' listings for extractive industries.
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Document type: Statement
11-4d604f093b78e1d1.pdf
This report, prepared by GCS Water and Environment (Pty) Ltd for the Centre for Environmental Rights (CER), reviews the Integrated Water Use License Application (IWULA) and the resulting license (IWUL) issued to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine in Mpumalanga. GCS concludes that the specialist studies supporting the license are fundamentally flawed, containing significant data gaps and low-confidence modeling. The review highlights a high risk of irreversible damage to sensitive wetlands and groundwater resources, noting that the IWUL lacks sufficient conditions to mitigate these impacts and fails to authorize critical post-closure water treatment needs.
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Document type: Report
12-f99d03b7f1e2742e.pdf
This report by the Centre for Environmental Rights reviews the Integrated Water Use License Application (IWULA) and the resulting Integrated Water Use License (IWUL) for the proposed Yzermyn Underground Coal Mine. It identifies significant gaps in specialist studies regarding groundwater, hydrology, and wetlands, arguing that the IWUL was issued without sufficient information to mitigate environmental impacts. The document also includes a Socio-economic Impact Assessment and a Social and Labour Plan (SLP) detailing employment targets, skills development, and community impacts.
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Document type: Report
120824-derelict-and-ownerless-mines-fc83b8d63591aa41.pdf
This document is a written reply from the Minister of Mineral Resources to a question from the National Assembly regarding the rehabilitation of abandoned mining sites.
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Document type: Briefing
13-a8bfe3f9e4900031.pdf
This document is a Social and Labour Plan (SLP) and associated supporting affidavits for the proposed Yzermyn underground coal mine, operated by Atha-Africa Ventures. It details the company's commitments to human resource development, gender equity, local socio-economic investment, and closure planning within the Mpumalanga Province of South Africa.
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Document type: Report