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Pollution & Climate Change

Challenge of the decision of the Department of Environmental Affairs to grant environmental authorisation

In this matter, groundWork applied to court for an order reviewing and setting aside the decision of the Department of Environmental Affairs (DEA) to grant environmental authorisation to Kuyasa Mining (Pty) Ltd (Kuyasa) for the proposed KiPower Coal-fired Power Station as well as the decision of the Minister of Environmental Affairs to dismiss its appeal against the decision of the DEA to grant environmental authorisation for that power station. groundWork is also asking the court to remit Kuyasa’s application for environmental authorisation to the DEA for reconsideration and for it specifically to consider the climate change impact of the application, the comment on a climate change impact assessment on interested and affected parties and any additional information the DEA may require to reach a decision.

Kuyasa initially opposed the application, but withdrew its notice of intention to oppose on 21 September 2017. On 19 October 2017, Kuyasa reinstated its opposition to groundWork’s application. On 1 November 2017, Kuyasa’s attorneys addressed a letter to the CER stating that Kuyasa now intends to amend its environmental authorisation and to conduct a climate change impact assessment in relation to its proposed coal-fired power station.

High Court application

Internal appeal to the Minister of Environmental Affairs against the decision of the Department of Environmental Affairs to grant environmental authorisation for the proposed KiPower Coal-fired Power Station

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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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Contact the National Environmental Crimes & Incidents Hotline (24 hours) or one of the national and provincial hotlines.