Successful appeal to the Department of Environment, Forestry and Fisheries regarding greenhouse gas emission data
13 December 2019
- Requestee:
- Department of Environment, Forestry and Fisheries
- Reference Number:
- PAIA 180509
- Status:
- Granted
On 7 April 2020 the Centre For Environmental Rights received the appeal decision of the Minister of Forestry, Fisheries and Environment with regard to an appeal challenging her Department’s decision to redact and withhold certain information relating to a number of South Africa’s largest greenhouse gas emitters.
The CER’s appeal was largely upheld. In the appeal decision, the Minister ordered the Department to provide access to anticipated GHG emissions in the companies’ Pollution Prevention Plans and Annual Progress Reports, within seven working days from the date of the conclusion of the national lockdown period.
History of PAIA request, CER’s appeal and the documents originally received from the Department
On 13 December 2019, the Centre For Environmental Rights submitted an appeal under section 74 of the Promotion of Access to Information Act 2 of 2000 to the Department of Environment, Forestry and Fisheries challenging the Department’s decision to redact and withhold certain information relating to a number of South Afrca’s largest greenhouse gas emitters.
Documents in the CER’s appeal:
- Cover letter from CER to the Department (13 December 2019)
- Grounds of Appeal Document and Annexures A1-A14 to the Appeal
- Form B
The documents that the CER received from the Department of Environment, Forestry and Fisheries are provided below.
- Letter from the Department of Environment, Forestry and Fisheries to the Centre For Environmental Rights and accompanying Section 23 affidavit (5 April 2019)
- Letter from the Department of Environment, Forestry and Fisheries to the Centre For Environmental Rights and accompanying Section 23 affidavit (7 May 2019)
- Letter from the Department of Environment, Forestry and Fisheries to the Centre For Environmental Rights (2 August 2019)
- Letter from the Department of Environment, Forestry and Fisheries to the Centre For Environmental Rights (9 September 2019) and accompanying affidavit (9 September)
List of data providers registered in terms of Regulation 5 of the National Greenhouse Gas Emission Reporting Regulations, 2017:
List of registered data providers that submitted Pollution Prevention plans in terms of the regulation 4(1) of the National Pollution Prevention Plan Regulations, 2017:
Greenhouse Gas Emission Data Reports as required by Regulation 7(1) of the National Greenhouse Gas Reporting Regulations, 2017:
- South 32 (Hillside Aluminium) GHG report
- Seriti Coal (Pty) Ltd GHG report
- Sasol GHG report
- Sappi Southern Africa Ltd GHG report
- PPC GHG report
- Glencore GHG report
- Eskom GHG report
- African Rainbow Minerals Limited GHG report
- Anglo GHG report
- ArcelorMittal South Africa GHG report
Pollution Prevention Plans (PPP) as required by Regulation 3(2) of the National Pollution Prevention Plans Regulations, 2017:
- African Rainbow Minerals
- Anglo American – May 2019
- Arcelormittal – May 2019
- Eskom – May 2019
- Exxaro – May 2019
- PPC – May 2019
- SAPPI – May 2019
- SASOL PPP – May 2019
- South 32 (Hillside Aluminium)
- South 32 (SAMANCOR Manganese) – May 2019
Annual Progress Reports as required by Regulation 5 of the National Greenhouse Gas Reporting Regulations, 2017:
For further information please email [email protected].