Environmental Authorisation - Dedea

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9 Νοε 2013 (πριν από 3 χρόνια και 5 μήνες)

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Province of the

EASTERN CAPE



DEPART
MENT OF ECONOMIC DEVELOPMENT,

ENVIRONMENTAL AFFAIRS

AND
TOURISM






Environmental Authorisation








Authorisation register number:


NEAS number:


??/??/??/????

Last amended:



Holder of authorisation:


APPLICANT

Location of activity:


EASTERN CAPE
PROVINCE:
Within
Ward X of the ?? Local Municipality
and Ward XX of the XX Metropolitan
Municipality

DEDEA
-
Ref NO.

Page
2

of
13

1.

Decision


The Department is satisfied, on the basis of information available to it and subject to
compliance with the conditions of this environmental authorisation, that the applicant should
be authorised to undertake the activity specified below.


Detail
s regarding the basis on which the Department reached this decision are set out in
Annexure 1.


2.

Activities authorised


By virtue of the powers conferred on it by the National Environmental Management Act,
1998 (Act No. 107 of 1998) and the Environmental Im
pact Assessment Regulations, 2010
the Department hereby authorises




APPLICANT


with the following contact details



Mr. X XX

Applicant

P.O Box XXX

XXXX

0000


Tel:

(0XX) XXXXX

Fax:

(0XX) XXXXX

Cell: (0XX) XXXXX

E
-
mail: XXX XXXXX

to

undertake the following activities (hereafter referred to as “the activities” indicated in
Listing Notices 1,2 or 3 (GN R 544, 545 & 546):


Item XX):

The construction of facilities or infrastructure…

Item XX:

The construction of facilities or infrastruct
ure…

Item 4:

The dredging, excavation, infilling...


as described in the in the Basic Assessment Report (BAR) dated
XXX at:

DEDEA
-
Ref NO.

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13


Alternative S1

Latitude

Longitude

Starting point of activity (Nigel
Substation)

26º23′589″

28º27′034″

Mi摤l攠灯e湴nof 慣tivity

25º25′665″

28º24′653″

b湤 灯i湴nof 慣tivity EqM㈩

26º28′071″

28º25′718″


t桥 䩡浥獯渠m慲k f湬慮搠kMmm q敲ei湡l ㈠t漠t桥 kq慭akw攠p畢獴慴楯測n湥慲aB畴uerw潲oh
Eb慳瑥r渠 C慰攩 wit桩渠 tar搠 u of t桥 uuu 䱯捡c M畮i捩灡lity 慮搠t慲搠 uu of t桥 uu
M整e潰潬it慮 M
unicipality in Eastern Cape, hereafter referred to as “the property”.


3.

Exemptions


Further, the Department hereby exempts
-


XXXX Environmental Management Consultants,


acting

on behalf of the Applicant from complying with Regulation XXX of GN R. XXX of XX …


The granting of this Environmental Authorisation is subject to the conditions set out below
.


4.

Conditions of Environmental Authorisation

Scope of authorisation


4.1

The preferred route corridor
S1 [with sub
-
alignments S1(1) and S1(3)]
is approved.

4.2

Authorisation of the activity is subject to the conditions contained in this authorisation,
which form part of the environmental authorisation and are binding on the holder
of
the authorisation.

4.3

The holder of the authorisation shall be responsible for ensuring compliance with the
conditions contained in this environmental authorisation. This includes any person
acting on the holder’s behalf, including but not limited to, an
agent, servant,
contractor, sub
-
contractor, employee, consultant or person rendering a service to the
holder of the authorisation.

4.4

The activities authorised may only be carried out at the property as described above.

4.5

Any changes to, or deviations from, the

project description set out in this
authorisation must be approved, in writing, by the Department before such changes
DEDEA
-
Ref NO.

Page
4

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13

or deviations may be effected. In assessing whether to grant such approval or not,
the Department may request such information as it dee
ms necessary to evaluate the
significance and impacts of such changes or deviations and it may be necessary for
the holder of the authorisation to apply for further authorisation in terms of the
regulations.

4.6

This activity must commence within a period of
three (3) years from the date of issue.
If commencement of the activity does not occur within that period, the authorisation
lapses and a new application for environmental authorisation must be made in order
for the activity to be undertaken.

4.7

This authori
sation does not negate the holder of the authorisation’s responsibility to
comply with any other statutory requirements that may be applicable to the
undertaking of the activity.

4.8

Relevant legislation that must be complied with by the holder of this authori
sation
includes, inter alia:

4.9

Archaeological remains, artificial features and structures older than 60 years are
protected by National Heritage Resources Act, 1999 (Act No. 25 of 1999). Should
any archaeological artefacts be exposed during excavation for t
he purpose of
construction, construction in the vicinity of the finding must be stopped immediately.
A registered Heritage Specialist must be called to the site for inspection. Under no
circumstances shall any heritage material be destroyed or removed from

the site and
the relevant heritage resource agency must be informed about the finding. Heritage
remains uncovered or disturbed during earthworks must not be disturbed further until
the necessary approval has been obtained from the South African Heritage
R
esources Agency and/or any of their delegated provincial agencies.

4.10

All provisions of the Occupational Health and Safety Act, 1993 (Act 85 of
1993).

4.11

All provisions of the National Water Act, 1998 (Act 36 of 1998).

4.12

All provisions of the National Forests Act,

1998 (Act No. 84 of 1998).

4.13

All provisions of the National Environmental Management: Biodiversity Act,
2004 (Act 10 of 2004).

4.14

All provisions of the National Environmental Management: Protected Areas
Act, 2003 (Act 57 of 2003) and its Regulations.

4.15

Should f
ill material be required for any purpose, the use of borrow pits must
comply with the provisions of the Minerals and Petroleum Resources Development
Act, 2002 (Act 28 of 2002) administered by the Department of Minerals and Energy.

DEDEA
-
Ref NO.

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5

of
13

4.16

Vegetation clearing must
be kept to an absolute minimum. Mitigation
measures must be implemented to reduce the risk of erosion and the invasion of
alien species.

4.17

Construction must include appropriate design measures that allow surface
and subsurface movement of water along drainag
e lines so as not to impede natural
surface and subsurface flows. Drainage measures must promote the dissipation of
storm water run
-
off.

4.18

An integrated waste management approach must be implemented that is
based on waste minimisation and must incorporate r
eduction, recycling, re
-
use and
disposal where appropriate. Any solid waste shall be disposed of at a landfill
licensed in terms of section 20 (b) of the National Environment Management Waste
Act, 2008 (Act No. 59 of 2008).

4.19

The holder of an environmental
authorisation has the responsibility to notify
the competent authority of any alienation, transfer and change of ownership rights in
the property on which the activity is to take place.


Appeal of authorisation



4.20

The holder of the authorisation must notify

every registered interested and
affected party, in writing and within 12 (twelve) calendar days of the date of this
environmental authorisation, of its decision to authorise the activity.

4.21

The notification referred must



4.22

specify the date on which the aut
horisation was issued;

4.23

inform the interested and affected party of the appeal procedure provided for
in Chapter 7 of the regulations;

4.24

advise the interested and affected party that a copy of the authorisation will
be furnished on request; and

4.25

give the reaso
ns for the decision.

4.26

The holder of the authorisation must publish a notice


4.27

informing interested and affected parties of the decision;

4.28

informing interested and affected parties where the decision can be
accessed; and

4.29

drawing the attention of interested
and affected parties to the fact that an
appeal may be lodged against this decision

4.30


DEDEA
-
Ref NO.

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4.31

in the newspapers contemplated and used in terms of regulation 54(2)© and
(d) and which newspaper was used for the placing of advertisements as part of the
public particip
ation process.


Management of the activity


4.32

The Environmental Management Programme (EMPr) for the construction
submitted as part of Application for EA is hereby approved.

4.33

The recommendations and mitigation measures recorded in the BAR dated
XX must be adhe
red to and incorporated as part of the EMPr where applicable.

4.34

Any updates or amendments to the EMPr must be submitted to the
Department of XX and must be decided upon within a period of 30 days of the
submission.

4.35

All correspondence with regard to this appl
ication must be forwarded for
attention to The Director: Environmental Impact Evaluation within the Department.


Monitoring


4.36

The applicant must appoint a suitably experienced Environmental Control
Officer (ECO) for the construction phase of the development

that will have the
responsibility to ensure that the mitigation / rehabilitation measures and
recommendations referred to in this authorisation are implemented and to ensure
compliance with the provisions of the EMPr.

4.37

The ECO shall be appointed before com
mencement of any land clearing or
construction activities.

4.38

The ECO shall keep record of all activities on site, problems identified,
transgressions noted and a task schedule of tasks undertaken by the ECO.

4.39

The ECO shall remain employed until all rehabilita
tion measures, as required
for implementation due to construction damage, are completed and the site is ready
for operation.

4.40

Records relating to monitoring and auditing must be kept on site and made
available for inspection to any relevant and competent au
thority in respect of this
development.



Recording and reporting to the Department


DEDEA
-
Ref NO.

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4.41

The holder of the authorisation must submit an environmental audit report to
the Department upon completion of the construction and rehabilitation activities. The
environm
ental audit report must


4.42

Indicate the date of the audit, the name of the auditor and the outcome of the
audit in terms of compliance with the environmental authorisation conditions as well
as the requirements of the EMP.

4.43

Records relating to monitoring and

auditing must be kept on site and made
available for inspection to any relevant and competent authority in respect of this
development.


Commencement of the activity


4.44

The authorised activity / shall not commence within thirty (20) days of the
date of sig
nature of the authorisation.

4.45

Should you be notified by the Minister of a suspension of the authorisation
pending appeal procedures, you shall not commence with the activity / is unless
authorised by the Minister in writing.


Notification to authorities


4.46

Fo
urteen (14) days written notice must be given to the Department that the
activity will commence. Commencement for the purposes of this condition includes
site preparation. The notice must include a date on which it is anticipated that the
activity will c
ommence. This notification period may coincide with the period
contemplated in 1.22 above.


Operation of the activity


4.47

Fourteen (14) days written notice must be given to the Department that the
activity operational phase will commence.

4.48

The applicant must
compile an operational EMPr for the operational phase of
the activity or alternatively, if an operational EMPr exists for the area, it must be
amended to include the proposed activity as applied for authorisation.





DEDEA
-
Ref NO.

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Site closure and decommissioning


4.49

Should the activity ever cease or become redundant, the applicant shall
undertake the required actions as prescribed by legislation at the time and comply
with all relevant legal requirements administered by any relevant and competent
authority at that tim
e.


Specific conditions


4.50

An amphibian specialist must be commissioned to perform a final walkthrough
of the site once the final route alignment and tower positions have been identified.
The specialist must cover buffer identification, no
-
go areas and fine scale mapping of
the dist
ribution of giant bullfrogs within the approved corridor. This specialist report
must be submitted to the Department for approval prior to construction.

4.51

No activities will be allowed to encroach into a water resource without a water
use authorisation bein
g in place from the Department of Water Affairs. No off road
driving is permitted across wetland areas.

4.52

The applicant must obtain a way leave from the Department of Public
Transport Roads and Works prior to construction.

4.53

Anti
-
collision devices such as bir
d flappers must be installed where power
lines cross avifaunal corridors. The input of an avifaunal specialist must be obtained
for the fitting of the anti
-
collision devices onto specific sections of the line once the
exact positions of the towers have bee
n surveyed and pegged.

4.54

A botanist must be appointed to perform a final walkthrough of the alignment
to identify sensitive plant species, and assist in identifying the areas that require
protection.

4.55

A permit must be obtained from the relevant nature conserv
ation agency for
the removal or destruction of indigenous protected and endangered plant and animal
species.

4.56

Copies of permits in respect of 1.33 above required must be submitted to the
Department for record keeping.

4.57

No exotic plants may be used for rehab
ilitation purpose. Only indigenous
plants of the area may be utilised.

4.58

Liaison with land owners / farm managers is to be done prior to construction
in order to provide sufficient time for them to plan agricultural activities. If possible,
construction shou
ld be scheduled to take place within the post
-
harvest, pre planting
season, when fields are lying fallow.

DEDEA
-
Ref NO.

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4.59

The applicant is required to inform the XX Department of XXX and this
Department should the removal of protected species, medicinal plants and “data
d
eficient” plant species be required.


General


4.60

A copy of this authorisation must be kept at the property where the activity
(i.e.) will be undertaken. The authorisation must be produced to any authorised
official of the Department who requests to see it a
nd must be made available for
inspection by any employee or agent of the holder of the authorisation who works or
undertakes work at the property.

4.61

Where any of the applicant’s contact details change, including the name of
the responsible person, the physic
al or postal address and/or telephonic details, the
applicant must notify the Department as soon as the new details become known to
the applicant.

4.62

The holder of the authorisation must notify the Department, in writing and
within 48 (forty eight) hours, if
any condition of this authorisation cannot be or is not
adhered to. Any notification in terms of this condition must be accompanied by
reasons for the non
-
compliance. Non
-
compliance with a condition of this
authorisation may result in criminal prosecutio
n or other actions provided for in the
National Environmental Management Act, 1998 and the regulations.

4.63

National government, provincial government, local authorities or committees
appointed in terms of the conditions of this authorisation or any other publ
ic authority
shall not be held responsible for any damages or losses suffered by the applicant or
his successor in title in any instance where construction or operation subsequent to
construction be temporarily or permanently stopped for reasons of non
-
com
pliance
by the applicant with the conditions of authorisation as set out in this document or
any other subsequent document emanating from these conditions of authorisation.


Date of environmental authorisation:

___________________



Regional Manager’s name

and Region’s Name

DEDEA




DEDEA
-
Ref NO.

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5. Reasons for Decision


1.

Background


The application from The Applicant is for GN R XXX activities. The following activities
are being applied for:


Item XX:

The construction of facilities for …


Item 1XX:

The construction of
facilities for …


Item 4:

The dredging, excavation, infilling, …


for the proposed construction of XX infrastructure, which includes XXX within Ward X of
the XX Local Municipality and Ward XX of the XX Metropolitan Municipality in Province
described on pa
ge X of the Basic Assessment Report dated XX.


The applicant appointed XX Environmental Management Consultants (Pty) Ltd to
undertake BAR process as required by Regulation 16 of the EIA Regulations, 2010



2.

Information considered in making the decision


In reaching its decision, the Department took,
inter alia,

the following into consideration
-



a)

The information contained in the BAR dated X;

b)

The comments received from the Directorate: XX, Department of XX, organs of
state and interested and affected
parties as included in the BAR dated XX;

c)

Mitigation measures as proposed in the
BAR

dated XX and the EMPr;

d)

The information contained in the specialist studies contained within Appendix X of
the BAR; and

e)

The objectives and requirements of relevant legislat
ion, policies and guidelines,
including section 2 of the National Environmental Management Act, 1998 (Act No.
107 of 1998).


3.

Key factors considered in making the decision

DEDEA
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Ref NO.

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All information presented to the Department was taken into account in the
Department’s
consideration of the application. A summary of the issues which, in the Department’s
view, were of the most significance is set out below.


a)

Details provided of the qualifications of the EAP indicate that the EAP is competent
to carry out the
environmental impact assessment procedures.

b)

The findings of all the Specialist studies conducted and their recommended
mitigation measures.

c)

The need for the proposed project stems from the provision of a point off
accumulation for fuels which can be
further distributed via Transnet’s existing and
proposed inland pipeline networks as part of the NMPP project.

d)

The BAR dated XX included a description of the environment that may be affected
by the activity and the manner in which the physical, biological,

social, economic
and cultural aspects of the environment may be affected by the proposed activity.

e)

The BAR dated XX identified all legislation and guidelines that have been
considered in the preparation of the BAR dated January 2010 and the legislation
an
d guidelines that will be considered in the preparation of the Environmental
Impact Assessment.

f)

The proposed methodology used in assessing the potential impacts identified in the
BAR dated XX and the proposed specialist studies have been adequately indicat
ed.

g)

A sufficient public participation process was undertaken and the applicant has
satisfied the minimum requirements as prescribed in the EIA regulations, 2010 for
public involvement.


4.

Findings


After consideration of the information and factors
listed above, the Department made the
following findings
-




According to the XX Local Municipality and XX Metropolitan Municipality planning
departments, route corridor S1 does not impact on any future development nodes of
the region.



Existing tracks wil
l be used for access to the distribution line servitude. No new
access roads will be constructed.

DEDEA
-
Ref NO.

Page
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The majority of impacts on the natural environment associated with the proposed
distribution lines in route corridor S1 are considered to be of low significan
ce.



The Social Assessment concluded that none of the negative social impacts
identified along route corridor S1 are sufficiently significant to preclude this
alignment from a socio
-
economic perspective.



After mitigation, the overall significance of the vi
sual impact of route corridor S1 is
regarded as low.



The identification and assessment of impacts are detailed in the BAR dated XX and
sufficient assessment of the key identified issues and impacts have been
completed.



The procedure followed for impact ass
essment is adequate for the decision
-
making
process.



The proposed mitigation of impacts identified and assessed adequately curtails the
identified impacts.



All legal and procedural requirements have been met.



The information contained in the BAR dated XX i
s accurate and credible.



EMP measures for the pre
-
construction, construction and rehabilitation phases of
the development were proposed and included in the BAR and will be implemented
to manage the identified environmental impacts during the construction
process.


In view of the above, the Department is satisfied that, subject to compliance with the
conditions contained in the environmental authorisation, the proposed activity will not
conflict with the general objectives of integrated environmental manage
ment laid down in
Chapter 5 of the National Environmental Management Act, 1998 and that any potentially
detrimental environmental impacts resulting from the proposed activity can be mitigated
to acceptable levels
.

The application is accordingly granted.