- The Department of Mineral Resources (DMR) has rejected a suspension application submitted by Tetra4/Renergen which would have seen all construction work on South Africa’s single largest solar plant be suspended, says SOLA Group Co-Founder and Executive Director Dr Chris Haw.
- Tetra4/Renergen claim that the construction is unauthorised because SOLA Group did not receive consent from them as the land rights holder for the extraction of gas. Read more
Earlier this year Renergen disputed the lawful construction of the Springbok Solar project, owned by Independent Power Producer SOLA Group, claiming that the project was in conflict with Renergen’s gas Production Right. “SOLA is a 100% South African company and has been constructing solar projects for more than 15 years. We are confident we have followed all legal processes and we are happy that the department’s decision today confirms we have all lawful permits in place and may continue construction on the plant,” says Dr Haw.
Springbok Solar Project is a 195 MWp solar project that will add more than 435,000 MWh of much needed clean energy to the South African grid. “This equates to CO2 savings of over 370,000 tonnes per year,” says Haw. “The construction started in December 2023, is currently 70% complete and employs more than 400 people.”
Renergen is attempting to use a technicality to appeal the decision of the department to issue Springbok Solar a Section 53 permit (“S53”), which provides ministerial consent to use the surface of the land in any way that may be contrary to the Mineral and Petroleum Resources Development Act (MPRDA), claiming it was not properly consulted.
Springbok Solar submitted written evidence showing it consulted with Renergen on ten occasions over a two year period, in writing and in person during the pre-construction phase, clearly providing Renergen with the layout maps and coordinates of the facility. These consultations were not only done through official prescribed processes as detailed in the National Environmental Management Act, but also done on a bilateral basis with information exclusively being sent to Renergen.
He says that Renergen raised no objection during any of these engagements, which led Springbok Solar to conclude that the construction of the solar project would have no impact on Renergen’s Production Right and therefore would not be contrary to the objectives of the MPRDA. This view, he adds, is shared by independent geologists and supported by Renergen’s published drilling plans which show no evidence to permit or drill any wells on or within two kilometers of the solar facility footprint.
The suspension of the permit risks over 400 jobs, billions of rands of local investment and significant commitments made to the local community in social economic development expenditure. SOLA notes that if the decision to grant the permit is overturned, all these benefits for both the local community and the environment will be lost,” explains Dr Haw.
He says that Renergen, who initiated the dispute, has no current plans and no environmental or zoning permits to use the area on which the solar farm is built, and would not suffer any immediate damages or consequences. “The solar farm area represents less than 0.17% of the overall area of the Production Right and has been confirmed by independent experts to have no significance with respect to Renergen’s existing and future plans detailed on their production right,” he says.
Renergen, however, appears intent to stop this project and has instituted a separate, unrelated appeal against Springbok’s environmental authorisation amendment and has applied to the Bloemfontein court for an interdict to stop construction. Springbok Solar will continue to use all legal avenues to defend its rights and those of its employees, local community and shareholders.
Source: SOLA Group
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