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Centre for Environmental Rights – Advancing Environmental Rights in South Africa

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PAIA Requests for Environmental Records

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:

The documents that the CER received from the Department of Environment, Forestry and Fisheries are provided below.

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:

Pollution Prevention Plans (PPP) as required by Regulation 3(2) of the National Pollution Prevention Plans Regulations, 2017:

Annual Progress Reports as required by Regulation 5 of the National Greenhouse Gas Reporting Regulations, 2017:

For further information please email ati@cer.org.za.

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Section 24of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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