South Africa: Water Tribunal Says Climate Change Must Be Considered in Water Licence Applications for Coal Power Plants

In its decision handed down on 21 July 2020, the Tribunal upheld an appeal to set aside the two water use licences granted by the Department of Water Affairs and Sanitation to ACWA Power for the development of a new coal-fired power station, Khanyisa. The Tribunal found that the water use licence applications were procedurally flawed, but also that the licensing authority had not adequately weighed up the impact of climate change on water security in the region.

"This decision means that, when considering a water use licence application for a coal power plant like Khanyisa, the Department of Water and Sanitation must consider the impacts of climate change on water when deciding whether or not the project will amount to the efficient and beneficial use of water in the public interest," says Michelle Koyama, attorney at the Centre for Environmental Rights. "Prior to this, there was no explicit requirement to include the impacts of climate change when considering factors relevant to the decision to issue licences under the National Water Act."

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