1 Introduction
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Plan 8 Grahamstown Wind Energy Facility EIA – Volume 3: EIA Report 1 INTRODUCTION 1.1 Background to the study Plan 8 (Pty) Ltd, a renewable energy company, plans to develop a wind powered electricity generation facility (known as a „wind farm‟) approximately 30 kilometres outside of Grahamstown along the N2 in an easterly direction towards East London, in the Eastern Cape Province of South Africa. The proposed site is on the farms Gilead, Tower Hill and Peynes Kraal. The project area lies in the Makana Local Municipality‟s area of jurisdiction. The proposed wind farm is planned to comprise up to a maximum of 22 turbines, each with a nominal power output ranging between 2.4 and 3 MW (megawatts). The total potential generating capacity of the wind farm will be approximately 66 MW, and will feed power into the national electricity transmission grid. In accordance with the requirements of the National Environmental Management Act No. 107 of 1998 as amended, and relevant Environmental Impact Assessment (EIA) regulations made in terms of this Act (Government Notice No R.543) and promulgated in 2010, the proposed project requires a full Scoping and EIA. Coastal & Environmental Services (CES) have been appointed by Plan 8 (Pty) Limited as Environmental Assessment Practitioner (EAP) to conduct the EIA. 1.2 The Environmental Impact Assessment Process The International Association for Impact Assessment (1999) defines an Environmental Impact Assessment (EIA) as, "the process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals prior to major decisions being taken and commitments made." The EIA process in South Africa is guided by regulations made in terms of Chapter 5 of NEMA. The EIA regulations (Government Notice R. 543) set out the procedures and criteria for the submission, processing and consideration of and decisions on applications for the environmental authorisation of activities. Three lists of activities, published on 02 August 2010, as Government Notice Numbers R.544 to 546, the first two of which define the activities that require, respectively, a Basic Assessment (applies to activities with limited environmental impacts), or a Scoping and Environmental Impact Assessment (applies to activities which are significant in extent and duration). A third Government Notice, Number R.546, is province specific, and lists activities for which environmental authorisation is required if the activities take place in or in the vicinity of certain specified areas, including estuaries, protected or sensitive areas, and areas listed in international conventions such as the Ramsar Convention on Wetlands. The activities triggered by the proposed development are listed in Table 1-1 below. Table 1-1: Listed activities potentially triggered by the proposed Plan 8 Grahamstown Wind Energy Project Number and date of Activity Description of each listed activity the relevant notice No(s) Listing Notice 1: R.544 10 The construction of facilities or infrastructure for the transmission and distribution of electricity- (i) outside urban areas or industrial complexes with a capacity of more than 33 but less than 275 kilovolts; (ii) inside urban areas or industrial complexes with a capacity of 275 kilovolts or more. Listing Notice 1: R.544 11 The construction of: (xii) canals; (xiii) channels; (xiv) bridges; (xv) dams; (xvi) weirs; (xvii) bulk storm water outlet structures; Coastal & Environmental Services 1 Plan 8 Grahamstown Wind Energy Project Plan 8 Grahamstown Wind Energy Facility EIA – Volume 3: EIA Report (xviii) marinas; (xix) jetties exceeding 50 square metres in size; (xx) slipways exceeding 50 square metres in size; (xxi) buildings exceeding 50 square metres in size; or (xxii) infrastructure or structures covering 50 square metres or more where such construction occurs within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind the development setback line. Listing Notice 1: R.544 13 The construction of facilities or infrastructure for the storage, or for the storage and handling, of a dangerous good, where such storage occurs in containers with a combined capacity of 80 but not exceeding 500 cubic metres; Listing Notice 1: R.544 18 The infilling or depositing of any material of more than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock or more than 5 cubic metres from: (i) a watercourse; (ii) the sea; (iii) the seashore; (iv) the littoral active zone, an estuary or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever distance is the greater- but excluding where such infilling, depositing , dredging, excavation, removal or moving; (c) is for maintenance purposes undertaken in accordance with a management plan agreed to by the relevant environmental authority; or (d) occurs behind the development setback line. Listing Notice 1: R.544 38 The expansion of facilities for the transmission and distribution of electricity where the expanded capacity will exceed 275 kilovolts and the development footprint will increase. Listing Notice 1: R.544 40 The expansion of (iv) jetties by more than 50 square metres; (v) slipways by more than 50 square metres; or (vi) buildings by more than 50 square metres (iv) infrastructure by more than 50 square metres within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, but excluding where such expansion will occur behind the development setback line. Listing Notice 1: R.544 47 The widening of a road by more than 6 metres, or the lengthening of a road by more than 1 kilometre- (iii) where the existing reserve is wider than 13,5 meters; or (iv) where no reserve exists, where the existing road is wider than 8 metres – excluding widening or lengthening occurring inside urban areas. Listing Notice 2: R.545 1 The construction of facilities or infrastructure for the generation of electricity where the electricity is 20 megawatts or more. Listing Notice 2: R.545 15 Physical alteration of undeveloped, vacant or derelict land for residential, retail, commercial, recreational, industrial or institutional use where the total area to be transformed is 20 hectares or more; Except where such physical alteration takes place for: (iii) linear development activities; or (iv) agriculture or afforestation where activity 16 in this Schedule will apply. Listing Notice 3: R.546 4 The construction of road wider than 4 metres with a reserve less than 13,5metres. Listing Notice 3: R.546 10 The construction of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 cubic metres. Coastal & Environmental Services 2 Plan 8 Grahamstown Wind Energy Project Plan 8 Grahamstown Wind Energy Facility EIA – Volume 3: EIA Report Listing Notice 3: R.546 12 The clearance of an area of 300 square metres or more of vegetation where 75% or more of the vegetative cover constitutes indigenous vegetation Listing Notice 3: R.546 13 The clearance of an area of 1 hectare or more of vegetation where 75% or more of the vegetative cover constitutes indigenous vegetation: Listing Notice 3: R.546 14 The clearance of an area of 5 hectares or more of vegetation where 75% or more of the vegetative cover constitutes indigenous vegetation Listing Notice 3: R.546 16 The construction of (iv) infrastructure covering 10 square metres or more where such construction occurs within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind the development setback line Listing Notice 3: R.546 19 (19) The widening of a road by more than 4 metres, or the lengthening of a road by more than 1 kilometre. Listing Notice 3: R.546 24 The expansion of (d) infrastructure where the infrastructure will be expanded by 10 square metres or more where such construction occurs within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind the development setback line. Because the proposed development triggers a listed activity from GNR.545, it will require a full Scoping and EIA. This process is regulated by Chapter 3, Part 3 of the EIA regulations and is illustrated in Figure 1-1. It is described in further detail in Appendix A of this report. The competent authority that must consider and decide on the application for authorisation in respect of the activities listed in Table 1-1 is the Department of Environmental Affairs (DEA), formerly the Department of Environmental Affairs and Tourism (DEAT), as the Department has reached agreement with all Provinces that all electricity-related projects, including generation, transmission and distribution, are to be submitted to DEA, irrespective of the nature of the applicant. This decision has been made in terms of Section 24(3) of the NEMA (Act No 107 of 1998). The decision is effective for all projects initiated before, and up until, approximately 2015. It is important to note that, in addition to the requirements for an authorisation in terms of the NEMA, there may be additional legislative requirements which need to be considered prior to commencing with the activity, for example: the National Heritage Resources Act (Act No 25 of 1999), the National Water Act (Act No 36 of 1998), the Civil Aviation Act (Act No 74 of 1962) as amended, the White Paper on Energy Policy for South Africa (Energy White Paper), the White Paper on Renewable Energy Policy (Renewable Energy White Paper), and the Integrated Energy Plan for the Republic of South Africa (March, 2003) etc.