Basic Assessment for the Proposed Sinter Plant at the Assmang Manganese Cato Ridge Works

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19 August 2020

Department of Environment, Forestry and Fisheries 473 Steve Biko Arcadia Pretoria 0083 Attention: Ms. Linda Poll-Jonker Dear Ms. Poll-Jonker Revised Public Participation Plan: Basic Assessment for the Proposed Sinter Plant at the Assmang Manganese Cato Ridge Works

1. Background and Introduction Assmang Limited (Assmang) owns and operates a manganese smelter located in Cato Ridge, west of Durban within the eThekwini Metro of KwaZulu-Natal Province, South Africa.

Assmang holds a Waste Management Licence (WML) for Hazardous Waste Management Activities at the Cato Ridge Works, issued in terms of the National Environmental Management: Waste Act 59 of 2008 (NEMWA) by the Department of Environmental Affairs (DEA) (Ref: 12/9/11/L191/4/R1) on 19 June 2015.

The recycling of baghouse dust and sludge at the existing Briquetting Plant on site is included as a licensed waste management activity in Assmang’s Hazardous WML as per Activity 2 in Category B of Government Notice (GN) 921 issued in terms of NEMWA on 29 November 2013 (as amended): B(2) “The reuse or recycling of hazardous waste in excess of 1 ton per day, excluding reuse or recycling that takes place as an integral part of an internal manufacturing process within the same premises.”

The storage and disposal of baghouse dust and sludge at the existing Dust Disposal Facility within the Cato Ridge Works is also licenced as a hazardous waste management activity - Activity B(7): “The disposal of any quantity of hazardous waste to land” - in terms of NEMWA.

Assmang is proposing to expand it’s current hazardous waste recycling activities through the construction and operation of a new Sinter Plant on a brownfields area within the Cato Ridge Works. The proposed Sinter Plant will have a design capacity of 120 000 tons per year of sinter to replace the currently purchased sinter utilised in the furnaces. Raw materials for the sintering process include manganese ore fines and coke or calcinated anthracite fines, as well as the recycling of baghouse dust, sludge from the water sump, spillages of raw materials and mixtures and scraped material from

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conveyor belts as generated at the Cato Ridge Works (current arisings and historical stockpiles at the existing Dust Disposal Facility).

As the recycling of baghouse dust and sludge at the proposed Sinter Plant constitutes a currently licenced waste management activity in terms of the Assmang Hazardous WML, Activity A(13) of GN 921 is considered applicable, namely: “The expansion of a waste management activity listed in Category A or B of this Schedule which does not trigger an additional waste management activity in terms of this Schedule.”

The proposed project therefore requires application for a WML via a Basic Assessment process to be undertaken. Public participation is an integral component of the BA process.

This document constitutes the revised Public Participation Plan for the Assmang Cato Ridge Works Proposed Sinter Plant Basic Assessment.

2. Purpose of Public Participation The purpose of the public participation process is to ensure that the issues, inputs and concerns of interested and affected parties (I&APs) are taken into account during the decision-making process.

This requires the identification of I&APs (including authorities, technical specialists and the public), communication of the process and findings to these I&APs and the facilitation of their input and comment on the process and environmental impacts, including issues and alternatives that are to be investigated.

A successful public participation process is one that is inclusive, actively engages the public and provides ample opportunity for the public to participate in the application process.

The public participation process will allow for the following: • To provide an opportunity for all role players, including potential I&APs, environmental assessment practitioners (EAPs), state departments, organs of state, and the competent authority to obtain clear, accurate and understandable information about the environmental impacts of the proposed activity or implications of a decision. • To provide for role-players to voice their support, concerns and questions regarding the project, application or decision. • To provide the opportunity for role-players to suggest ways for reducing or mitigating any negative impacts of the project and for enhancing its positive impacts. • To enable the person conducting the public participation to incorporate the needs, preferences and values of I&AP’s into its proposed development that becomes the subject of an environmental application. • To provide opportunities for clearing up misunderstandings about technical issues, resolving disputes and reconciling conflicting interests. • To encourage transparency and accountability in decision-making. • To contribute toward maintaining a healthy, vibrant democracy. • To give effect to the requirement for procedural fairness of administrative action as contained in the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).

3. Legislative Requirements SRK has taken cognisance of the requirements for public participation in terms of: • Chapter 6 of the 2014 Environmental Impact Assessment (EIA) Regulations (as amended). • Public Participation Guideline in terms of the NEMA EIA Regulations (DEA, 2017). • Directions Regarding Measures to Address, Prevent and Combat the Spread of Covid-19 Relating to National Environmental Management Permits and Licences (Government Notice Regulation 650, dated 5 June 2020).

The purpose of the GN650 Directions issued on 05 June 2020 is to curtail the threat posed by the COVID-19 pandemic and to alleviate, contain and minimise the effects of the national state of disaster, and in particular to provide directions to ensure fair licensing processes and public participation processes as required by environmental legislation, including NEMWA and the EIA Regulations, as applicable to this application. These Directions came into effect on 05 June 2020 and will apply during Alert Level 3.

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In terms of Regulation 4.4 of the GN650 Directions, the prescribed timeframes of any services and actions referred to in the Annexures (including a WML application) initiated after the date of publication of the Directions are extended or deemed to be extended by a period of 30 days, on condition that where a service or action can be concluded within a shorter timeframe, it may be concluded within such shorter timeframe and on condition that the relevant authority may determine that a specific action must be performed by a specific date.

At all times it must be ensured that reasonable opportunity is provided for public participation and that all administrative actions are reasonable. While the COVID-19 pandemic is a unique circumstance, the specific circumstances in each case must be considered in order to determine what will be reasonable. If in the circumstances of a particular case alternative reasonable methods to give notice to potential I&APs are available, then the relevant competent authority can be approached for an agreement in this regard as provided for in Regulation 41(2)(e) of the EIA Regulations.

This public participation plan aims to: • Ensure that all reasonable measures are taken to identify potential I&APs for purposes of conducting public participation on the application. • Ensure that, as far as is reasonably possible, taking into account the specific aspects of the application- (a) information containing all relevant facts in respect of the application is made available to potential I&APs. (b) participation by potential or registered I&APs has been facilitated in such a manner that all potential or registered I&APs are provided with a reasonable opportunity to comment on the application or proposed application.

4. Level of Public Participation The Public Participation Guideline in terms of the NEMA EIA Regulations (DEA, 2017) provides a table with guidance for deciding on the required level of public participation. The table has been utilised for the proposed project (refer to Table 4-1).

Table 4-1: Level of public participation

Scale of anticipated impacts: Response for the proposed project: Are the impacts of the project likely to extend beyond the No, eThekwini Metro only. boundaries of the local municipality?

Are the impacts of the project likely to extend beyond the No, KwaZulu-Natal only. boundaries of the province? Is the project a greenfields development (a new No, the project is proposed on a brownfield site within the existing development in a previously undisturbed area)? footprint of the Assmang Manganese Cato Ridge Works.

Does the area already suffer from socio-economic The surrounding Cato Ridge and KwaXimba areas suffer from high problems (e.g. job losses) or environmental problems employment, as does the rest of the South Africa currently due to the (e.g. pollution) and is the project likely to exacerbate Covid-19 pandemic lockdown. The project will create limited these? employment opportunities during construction and operation. The Assmang Cato Ridge Works is registered as a contaminated site in terms of Part 8 of NEMWA. The project will assist with improved waste management on site via recycling of baghouse dust, sludge and material spillages (both historical stockpiles and current arisings). Is the project expected to have a wide variety of impacts The main potential impact is air quality and an air quality impact (e.g. socio-economic and ecological)? assessment and application for amendment of Assmang’s AEL is being undertaking by an air quality specialist. Public and environmental sensitivity of the project: Response for the proposed project: Are there widespread public concerns about the potential No, the project will assist with improved waste management on site negative impacts of the project? via recycling of baghouse dust, sludge and material spillages (both historical stockpiles and current arisings). The main potential impact is air quality and an air quality impact assessment and application for amendment of Assmang’s AEL is being undertaking by an air quality specialist. Is there a high degree of conflict among RI&APs? No, Assmang has an established Monitoring Committee consisting of surrounding landowners and industry, community and resident representatives, NGOs, relevant authorities and union representatives, which meets on a regular basis.

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Will the project impact on private land other than that of No, the project is proposed on a brownfield site within the existing the applicant? footprint of the Assmang Manganese Cato Ridge Works. Does the project have the potential to create unrealistic The project will create limited employment opportunities during expectations (e.g. that a new factory would create a large construction and operation. number of jobs)? Potentially affected parties: Response for the proposed project: Has very little previous public participation taken place in No, Assmang has an established Monitoring Committee consisting of the area? surrounding landowners and industry, community and resident representatives, NGOs, relevant authorities and union representatives, which meets on a regular basis. In addition, public participation has taken place for various previous environmental applications at Assmang, Did previous public participation processes in the area No. result in conflict? Are there existing organisational structures (e.g. local Yes, Assmang has an established Monitoring Committee consisting forums) that can represent I&APs? of surrounding landowners and industry, community and resident representatives, NGOs, relevant authorities and union representatives, which meets on a regular basis. Is the area characterised by high social diversity (i.t.o. The surrounding areas of Cato Ridge and KwaXimba are low to socio- economic status, language or culture)? middle income residential and industrial areas. Both Zulu and English is spoken, although Monitoring Committee meetings and correspondence is undertaken in English which is considered sufficient. Were people in the area victims of unfair expropriations There are no current land claims for the Assmang Cato Ridge Works. or relocation in the past? Is there a high level of unemployment in the area? The surrounding Cato Ridge and KwaXimba areas suffer from high employment, as does the rest of the South Africa currently due to the Covid-19 pandemic lockdown. The project will create limited employment opportunities during construction and operation. Do the RI&APs have special needs (e.g. a lack of skills to The surrounding areas of Cato Ridge and KwaXimba are low to read or write, disability, etc)? middle income residential and industrial areas. Both Zulu and English is spoken, although Monitoring Committee meetings and correspondence is undertaken in English which is considered sufficient.

5. Proposed Public Participation Plan This Public Participation Plan has been compiled in accordance with Annexure 3 and Annexure 4 of the GN650 Directions, as applicable for a WML application via a BA process. This document has been revised to incorporate discussion held during the pre-application meeting.

5.1 Pre-application Meeting An electronic request for a pre-application meeting will be sent to the waste licencing department at the national Department of Environment, Forestry and Fisheries (DEFF) via the electronic format required (email: [email protected]). Draft copies of the WML application form, this Public Participation Plan, the Project Schedule and the I&AP database will also be submitted to the case officer, once confirmed. A virtual meeting will be held with the DEFF to discuss the project and to confirm the Public Participation Plan (this document) is sufficient. Minutes of the meeting will be included in the Draft BA Report.

5.2 Identification of Interested and Affected Parties Assmang has undertaken several Environmental Authorisation and WML application processes in the recent past and Assmang also has an established Monitoring Committee consisting of surrounding landowners and industry, community and resident representatives, NGOs, relevant authorities and union representatives, which meets on a regular basis.

As such, Assmang has an existing comprehensive and up-to-date database of I&AP that is maintained and updated regularly (refer to Appendix A). This database includes: • Regulatory authorities, including DEFF, Department of Economic Development, Tourism and Environmental Affairs (EDTEA), Department of Water and Sanitation (DWS) and the eThekwini Municipality (including the local ward councillor).

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• Non-governmental organisations including Envirowest, Groundwork, Outerwest, Outerwest Environmental Committee (OWEC) and Pietermartizburg Air Quality Forum. • Numerous adjacent industries. • Community representatives from KwaXimba, Inchanga Park and Cato Ridge. • Union representatives.

This database will be used for this project. It is noted that email addresses are available for almost all of the I&APs. I&APs with no email addresses will be contacted via telephone.

It is noted that all key I&APs will be contacted telephonically to confirm the preferred method of communication and distribution of documents for review and comment (i.e. whether via a website link, electronic copy in the form of a flashdrive or a hard copy).

5.3 Announcement of the Project

5.3.1 Advertisement An English and Zulu advertisement will be placed in the Mercury and Ilanga newspapers. The aim of the advertisement will be to inform the public in the area of the proposed development in order to canvass the issues and concerns of the broader public. This will be done to ensure that all potential I&AP’s are invited to register for the project and are afforded the opportunity to comment on the proposed development. A copy of the content of the advertisement and the proof of placement in the newspapers will be included in the BA Report.

5.3.2 Site notices Two (2) English and two Zulu A2-size laminated posters informing potential I&APs of the proposed application and inviting registration and comment, will be placed, one set at the Assmang site entrance and the other at the major road intersection leading to Assmang. The purpose of the site notices will be to inform passers-by of the proposed development and how to register and comment. A copy of the content of the site notice, the GPS co-ordinates of the locations and photographic proof of placement will be included in the BA Report.

5.3.3 Notification letters An English Background Information Document (BID) will be compiled and distributed electronically to the I&APs on the database. The BID will provide an executive summary of the Draft BA Report and an explanation of the BA process to be followed. The purpose of this document will be to inform I&APs of the project and afford them an opportunity to provide comment on the Draft BA Report. A copy of the BID and proof of notification of I&APs will be included in the BA Report.

5.4 Circulation of Draft Basic Assessment Report The Draft BA Report will be made available for a 30-day comment period and the following will be undertaken: • The Draft BA Report, with a complete set of appendices will be uploaded onto the SRK website. • I&APs on the database will be notified via email, sms or facsimile of the availability of the Draft Report for review and comment. The link to the SRK website will be provided and the closing date for comments will be stipulated (i.e. 30 days), together with the forms of communication available to submit comments. • The following commenting authorities will be contacted to determine how they would like to receive copies of the Draft BA Report: − EDTEA; − DWS; − KZN Department of Transport; and − eThekwini Municipality.

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• The Draft BA Report and WML application will be submitted to DEFF in electronic format via the electronic file transfer mechanism as stipulated in Appendix 4 of GN650. • To ensure all health and safety regulations and protocols are adhered to, it is noted that a hard copy of the Draft BA Report will not be made available in any public locations (e.g. local library, Ward Councillor’s office or Assmang Reception). • Where any flashdrive or hard copies of documents are to be submitted to I&APs, the following will be undertaken: − Only one person from SRK will compile the flashdrive and hard copies of the report. − Prior to handling the flashdrive and reports the responsible person will hand sanitize and wear a mask for the duration of the compilation thereof. − The flashdrive and/or hard copy will be placed in a single envelope that will be sprayed with a sanitizer. − In instances where the document will be hand delivered by SRK, the responsible person will hand sanitize prior to handling the document and wear a mask until delivery is made to the respective I&AP. The envelope will be given to the I&AP or a responsible representative. − For delivery of documents via a courier, a reputable courier that follows all required protocols will be used.

5.5 Key Stakeholder Meetings Based on the response to the notification of the project, should the need arise to undertake key stakeholder meetings, these will be undertaken using a virtual meeting platform (e.g. Zoom, Skype, Skype for Business, Microsoft Teams etc.). The most appropriate platform for the stakeholder of interest will be utilised to conduct the meeting. Minutes of the meeting (s) will be included in the Final BA Report.

5.6 Comments and Responses Report Copies of all written comments received and meeting minutes will be attached to the Final BA Report and included in the Comments and Responses Table.

5.7 Submission of Final Report The Final BA Report will be submitted to DEFF as per the electronic file transfer mechanism, the Final BA Report will be made available on SRK’s website and all registered I&APs will be notified of the submission of the Final BA Report and its availability for review.

5.8 Notification of Decision Upon receipt of the Competent Authorities’ decision on the application, all I&APs on the registered database will be notified via email, sms or facsimile of the decision, provided access to the decision in electronic format and notified of the appeal process.

6. Conclusion Due to the nature of the project (expansion of an existing recycling facility within an existing industrial complex) and the fact that Assmang has an active Monitoring Committee with an up-to-date I&AP database that receives regular electronic communications from Assmang, SRK is confident that the proposed public participation process is adequate to meet the objectives of public participation while at the same time, ensuring all health and safety requirements in terms of the Covid-19 Level 3 Lockdown Regulations.

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Yours faithfully, SRK Consulting (South Africa) (Pty) Ltd

T. Hale Pr.Sci.Nat.; Cert. EAP K. King CEAPSA Senior Environmental Scientist Principal Scientist

Disclaimer

The opinions expressed in this Report have been based on the information supplied to SRK Consulting (South Africa) (Pty) Ltd (SRK). SRK has exercised all due care in reviewing the supplied information. Whilst SRK has compared key supplied data with expected values, the accuracy of the results and conclusions from the review are entirely reliant on the accuracy and completeness of the supplied data. SRK does not accept responsibility for any errors or omissions in the supplied information and does not accept any consequential liability arising from commercial decisions or actions resulting from them. Opinions presented in this report apply to the site conditions and features as they existed at the time of SRK’s investigations, and those reasonably foreseeable. These opinions do not necessarily apply to conditions and features that may arise after the date of this Report, about which SRK had no prior knowledge nor had the opportunity to evaluate.

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