Court upholds environmental authorisation for Eskom gas plant

The North Gauteng High Court in Pretoria has dismissed a bid to have the environmental authorisationfor Eskom's proposed gas power plant in Richards Bay overturned,but has taken aim at the deficient

public participation process.

In the judgment handed down by Judge Anthony Millar last week,the court dismissed a landmarkapplication brought by two environmental justice NGOs-the South Durban Community Environmental

Alliance and Groundwork-to review and set aside the Department of Environmental Affairs' decision to

grant Eskom's proposed power plant an environmental authorisation.

Eskom was granted environmental authorisation in December 2019 for the combined cycle gas powerplant intended to be fuelled by gas via a pipeline that will be installed from the Richards Bay Port andwhich will supply up to 3000MW of energy. Construction on the project has not yet started.

The judgment found six out of seven grounds for review of the decision were without merit and could not

succeed.These grounds related to inadequate climate change impact assessment; failure to consider

renewable alternatives; and the failure to consider cumulative environmental impacts.

The court did, however, find the public participation process to be deficient, as communication was published in English only and not isiZulu-a language spoken by79% of the community that would be

directly affected by the proposed plant.

Noting the failure to advertise and notify the public in a language other than English, the judgment said"the cavalier approach of the DEFF [Department of Environment,Forestry and Fisheries] and Eskom tothis aspect is to be deprecated".

The judgment further noted that such an oversight could have warranted setting aside the decision to

grant the environmental authorisation,were it not for the fact the Environmental Authorisation for theconstruction of the gas plantis merely the first link in a chain of successive applications that will have tobe processed for the associated gas infrastructure.

Because the legal challenge has brought to the fore the deficit in the public participation process,thecourt was of the view that costs should be awarded in favour of the NGOs.Eskom and DEFF were

therefore ordered to foot the bill for two legal counsel.

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