forum compisiton and report to the minister     |     stakeholder consultations     |     appeal process related documents

Correspondences

• Correspondence of the national air quality officer (NAQO): clarity regarding interpretation of the NAQO's decisions [PDF – 309 kb]

Eskom appeal annexures

• Annexure B | Re: application for postponement/suspension of compliance time-frames relating to the National Environmental Management: Air Quality Act 39 of 2004 minimum emission standards for Eskom Holdings SOC LTD  [PDF – 4.35 mb]
• Annexure C | Eskom's notice of intention to lodge an appeal in terms of section 43 of the National Environmental Management Act 107 of 1998 ("NEMA") and request for an extension / condonation to lodge the appeal [PDF – 231,77 kb]
• Annexure I | initial financial analysis of MES policy option prepared by Eskom Finance, December 2021  [PDF – 133 kb]
• Eskom's comments on the National Environmental Management: Air Quality Act: National Framework For Air Quality Management (NEMAQA) [PDF – 853,42 kb]
• Eskom's applications summary: updated minimum emission standards (MES) application based on Eskom 2035 and emission reduction plan, 09 November 2022 [PDF – 168,33 kb]
• Appeal response report: Eskom applications for postponements from the minimum emission standards, November 2021 [PDF – 618,57 kb]

Appeal by Centre for Environmental Rights (CER)

Appeal to the DFEE Minister, pursuant to section 43(2) of the National Environmental Management Act, 1998, against the national air quality officer's decisions regarding Eskom's applications for postponement and suspension of compliance timeframes, and/or alternative limits, relating to the National Environmental Management: Air Quality Act 39 of 2004 minimum emission standards [PDF – 856,09 kb]

• Annexure A1 | Summary table: Eskom – decommissioning/end of life dates and MES applications per coal-fired power station [PDF – 478,34 kb]
• Annexure A2| CER letter to DFFE, 21 January 2022 [PF – 524,67 kb]
• Annexure A3 | Life after coal objections [PDF – 787,74]
• Annexure A4 | e-mail correspondence [PDF – 322,18]
• Appeal form / response report, 14 December 2021 [PDF – 712,82 kb]
• Appeal questionnaire [PDF – 536,88 kb]
• Appeal cover letter, 09 February 2022 [PDF - 522,83]
• Letter to Nicole Loser [PDF – 82,04 kb]
• Michele Rivarola's appeal | Port Rex Power Station in East London [PDF – 110,66 kb]

Responding statement submitted by CER

Responding statement made on behalf of groundWork, and Earthlife Africa, Johannesburg opposing the appeal submitted by Eskom Holdings SOC Ltd in respect of a number of the national air quality officer's decisions on Eskom's applications for postponement of compliance and suspension of compliance with the minimum emission standards, and/or weaker alternative limits, for its fleet of coal-fired power stations. These decisions are all dated 30 October 2021 [PDF – 485,33 kb]

• Annexure 1 | Appeal to the DFEE Minister, pursuant to section 43(2) of the National Environmental Management Act, 1998, against the national air quality officer's decisions regarding Eskom's applications for postponement and suspension of compliance timeframes, and/or alternative limits, relating to the National Environmental Management: Air Quality Act 39 of 2004 minimum emission standards [PDF – 856,09 kb]
• Annexure 2 | DFFE media statement: Public consultation proposed on issues related to compliance with minimum emission standards  [PDF – 114,10]
• Annexure 3| e-mail correspondence: Eskom appeal of the national air quality officer's 2021 decisions [PF – 785,53 kb]
• Annexure 9 | appeal response report [PDF – 478,34 kb]
• Annexure 10 | Responding statement submitted by the NAQO [PDF – 680 9 kb]
• Annexure 11 | NECA Forum draft decommissioning plan [PDF – 137,7 kb]