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1,469 documents from Centre for Environmental Rights
20200221_Correspondence_Proposed determinations (00000002).pdf
A government notice from the South African Department of Mineral Resources and Energy determining the procurement of 2000 MW of new generation capacity from independent power producers to ensure energy security between 2019 and 2022.
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Document type: Statement
20200221_Correspondence_Proposed determinations (00000002).pdf
This document is a government notice from the South African Department of Mineral Resources and Energy detailing a determination under Section 34(1) of the Electricity Regulation Act, 2006. It specifies the procurement of new generation capacity from various energy sources to ensure energy security, aligned with the Integrated Resource Plan for Electricity 2019 - 2030 (IRP 2019).
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Document type: Statement
annexure-ww1-a0adf528d3d0551f.pdf
This document consists of a series of letters and annexures sent between April and August 2020 by the South African Water Caucus (SAWC), represented by the Centre for Environmental Rights, to various South African government officials. The correspondence urgently requests the provision of water tanks, reliable water supply, and sanitation packs for numerous communities across South Africa that lack basic water access, highlighting the increased health risks during the COVID-19 pandemic.
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Document type: Statement
annexures-1-f9f3564c86a643a7.pdf
This Climate Resilience Assessment (CRA), conducted by Environmental Resources Management Southern Africa Pty (Ltd) in January 2017, evaluates climate-related risks for the proposed 1,200 MW Thabametsi coal-fired power station in Lephalale, Limpopo Province, South Africa. The report identifies key vulnerabilities related to increasing temperatures, water scarcity, and extreme weather events, proposing adaptation measures to enhance the project's long-term resilience.
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Document type: Report
annexures-2-13e9b9427b46ae2d.pdf
This document consists of a public notification and a Greenhouse Gas (GHG) Assessment report for the proposed 1,200 MW Thabametsi Coal-Fired Power Station in Limpopo Province, South Africa. The report, prepared by Environmental Resources Management (ERM) in January 2017, evaluates the project's carbon footprint, benchmarks its efficiency against other plants, and assesses its alignment with South African climate policies. It concludes that while the project's GHG impact is 'Very Large' and 'High (Negative)', it is more efficient than some of the oldest coal plants it may displace.
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Document type: Report
annexures-3bdbf4a4425f6eb6.pdf
This document consists of a series of annexures related to the proposed extension of the Tormin Mineral Sands Mine on the West Coast of South Africa. It includes a Background Information Document (BID) and an Executive Summary of an Environmental Impact Assessment (EIA) report prepared by SRK Consulting for Mineral Sand Resources (Pty) Ltd (MSR). The documents detail plans to expand mining of Valuable Heavy Minerals (VHM) across ten beaches and an inland strandline, alongside infrastructure upgrades. The annexures also contain extensive legal correspondence and an appeal from the Centre for Environmental Rights (CER), which challenges the lawfulness of the extension process, alleges previous environmental violations by MSR, and disputes the adequacy of the impact assessments regarding Critical Biodiversity Areas (CBAs).
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Document type: Report
annexures-p-1-d76ca185c8808798.pdf
This document consists of a collection of annexures related to environmental authorizations and water use licenses for the Yzermyn Underground Coal Mine, operated by Atha-Africa Ventures (Pty) Ltd in South Africa. It includes correspondence regarding environmental impact assessments and a detailed Water Use License (WUL) specifying permitted water activities, monitoring requirements, and environmental constraints.
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Document type: Report
SKM_75820080511500
This document is a decision by the Water Tribunal regarding an appeal by the Endangered Wildlife Trust, the Federation for a Sustainable Environment, and Mpumalanga Landbou/Agriculture against a Water Use License (WUL) granted to Atha-Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine in Mpumalanga, South Africa. The appeal focuses on the potential environmental impacts of the mine, specifically the dewatering of mine shafts, the risk of contaminated water decanting post-closure, and the mine's location within a Strategic Water Source Area (SWSA).
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Document type: Report
annexures-part-2-a-5c0e968dca8cb11d.pdf
This document is an affidavit deposed by Moegamat Ishaam Abader, Acting Director-General of the National Department of Environment, Forestry and Fisheries, responding to the submissions of Mr. Boyd, a United Nations Special Rapporteur admitted as an amicus curiae in a High Court of South Africa case. Abader argues that Mr. Boyd's affidavit is biased, relies on inadmissible hearsay evidence, and fails to distinguish between binding 'hard law' and non-binding 'soft law' in international environmental law. The affidavit asserts that South African courts must balance environmental protection with the constitutional mandate for sustainable development and socio-economic progress, and that the state's obligations are to be realised progressively within available resources.
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Document type: Statement
APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
This answering statement, submitted by the Centre for Environmental Rights on behalf of several appellants, challenges an environmental authorisation granted to Atha Africa Ventures (Pty) Ltd for the proposed Yzermyn coal mine. The appellants argue that the project has significant implications for international environmental commitments, suffers from material gaps in specialist information—particularly regarding acid mine drainage and subsidence—and was determined by an incorrect competent authority.
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Document type: Statement
SKM_C65821081211380
This document is an appeal decision issued by the Minister of Forestry, Fisheries and the Environment of South Africa regarding the amendment of an Environmental Authorisation (EA) for the 400 MW Richards Bay Gas to Power Facility. The Minister partially upheld an appeal by GroundWork, ruling that certain increases in fuel storage capacity and unloading stations required a new Environmental Impact Assessment (EIA) rather than a simple amendment. The Minister also ordered the correction of the EA's validity period extension.
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Document type: Statement
appeal-decision-19e4b3e7fa30c8b2.pdf
This document is a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province to dismiss an appeal brought by the Centre for Environmental Rights. The appeal challenged the environmental authorisation granted to Atha-Africa Ventured for the proposed Yzermyn underground coal mine, located on Portion 1 of the farm Yzermyn 96 HT within the Pixley Ka Seme Local Municipality.
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Document type: Statement
00206B3D20B8200326165746
This document is an appeal decision issued by the Minister of Forestry, Fisheries and the Environment of South Africa regarding an Integrated Environmental Authorisation (IEA) granted to Mineral Sands Resources (Pty) Ltd. The decision concerns the proposed expansion of the Tormin Mineral Sands Mine to extract heavy minerals, including ilmenite and rutile, across various farms and beaches in the Western Cape Province. After reviewing appeals from four parties—the Centre for Environmental Rights (CER), North Western Cape Mining Forum (NWCMF), Raakvat Boerdery (Edms) Bpk, and Merle Sowman—the Minister dismissed most grounds of appeal but upheld two specific concerns regarding the coastal buffer zone and public beach access, leading to variations in the IEA conditions.
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Document type: Statement
Scanned Document
A decision letter from the Limpopo Department of Economic Development, Environment & Tourism dismissing an appeal by the Centre for Environmental Rights against the environmental authorisation granted to the Musina-Makhado Special Economic Zone (SOC) Ltd.
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Document type: Statement
00206BB9DB98201012153647
The Minister of Forestry, Fisheries and the Environment of South Africa dismissed eight appeals against the decision to grant an Environmental Authorisation (EA) to the Department of Water and Sanitation for Phase 2 of the Mokolo and Crocodile River (West) Water Augmentation Project (MCWAP-2A Project). The decision confirms the project's need to provide water infrastructure for power stations and urban use in the Waterberg region.
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Document type: Report
KM_C554e-20160324083541
A letter from the South African Department of Environmental Affairs clarifying that Newshelf 1282 (Pty) Ltd must complete climate change and paleontological impact assessments before commencing a proposed 1200MW coal-fired power station project, while maintaining that the initial environmental authorisation was not unlawful.
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Document type: Statement
APPEAL RESPONSE REPORT
This Appeal Response Report, submitted by the Centre for Environmental Rights on behalf of MEJCON-SA and MACUA, argues that the Environmental Authorisation (EA) for Tetra4's Cluster 2 gas production expansion should be set aside. The appellants contend that the project's Final Environmental Impact Assessment Report (FEIAR) contains fatal flaws regarding groundwater impact analysis, climate change assessments, and public participation processes. Furthermore, they argue the project is neither necessary nor desirable due to the risk of stranded assets and the availability of cheaper renewable energy alternatives, and that South Africa lacks the regulatory capacity to monitor and enforce compliance in the gas sector.
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Document type: Report
APPELLANTS’ HEADS OF ARGUMENT IN THE APPEAL IN TERMS OF SECTION 149 OF THE NATIONAL WATER ACT NO. 36 OF 1998
This document contains the Appellants' Heads of Argument filed by the Centre for Environmental Rights on behalf of the Endangered Wildlife Trust and the Federation for a Sustainable Environment. The appeal, brought under section 149 of the National Water Act (NWA), challenges a Water Tribunal decision that dismissed an appeal against the granting of a water use licence (WUL) to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn Underground Coal Mine. The appellants argue that the Water Tribunal erred on several questions of law, including the failure to consider the strategic importance of the mine area, the absence of landowner consent, the misapplication of the precautionary principle, the lack of post-closure water treatment provisions, and the misapprehension of the burden of proof regarding socio-economic impacts.
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Document type: Report
APPELLANTS’ RESPONDING STATEMENT, IN TERMS OF REGULATION 74(8) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004, TO ATHA-AFRICA VENTURES (PTY) LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of eight appellants, challenges the Department of Mineral Resources' (DMR) approval of the Environmental Management Programme (EMPR) for Atha-Africa Ventures (Pty) Ltd's proposed Yzermyn mine. The appellants argue that the approved EMPR authorizes an environmentally destructive discard dump, ignores extensive government conservation policies for the area, and contains woefully inadequate financial provisions for rehabilitation.
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Document type: Statement
APPLICANTS’ HEADS OF ARGUMENT
The document contains the applicants' heads of argument in a legal matter before the High Court of South Africa, Mpumalanga Division. A coalition of seven non-profit organisations seeks the review and setting aside of a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs to exclude four properties from the Mabola Protected Environment to facilitate the construction of an underground coal mine by Uthaka Energy (Pty) Ltd.
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Document type: Report