Basic Assessment Report – Draft 1
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BASIC ASSESSMENT REPORT – DRAFT 1 SAND MINING PERMIT APPLICATION Application to mine silica sand over an approximate 4,15ha section of the Tugela River on the KwaZulu-Natal North Coast in the Ilembe District Municipality SUBMITTED FOR ENVIRONMENTAL AUTHORIZATIONS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AND THE NATIONAL ENVIRONMENTAL MANAGEMENT WASTE ACT, 2008 IN RESPECT OF LISTED ACTIVITIES THAT HAVE BEEN TRIGGERED BY APPLICATIONS IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (MPRDA) (AS AMENDED). Prepared for Prepared by Hlanganisa Sands (Pty) Ltd Representative: Mr. Marc Dunlop FMI House, PO Box 184 Darnall 2 Heleza Blvd, 4480 Sibaya 082 445 8471 031 566 2858 [email protected] [email protected] DMR EIA Reference Number: KZN30/5/1/3/2/10697MP March 2020 1. IMPORTANT NOTICE In terms of the Mineral and Petroleum Resources Development Act (Act 28 of 2002 as amended), the Minister must grant a prospecting or mining right if among others the mining “will not result in unacceptable pollution, ecological degradation or damage to the environment”. Unless an Environmental Authorisation can be granted following the evaluation of an Environmental Impact Assessment and an Environmental Management Programme report in terms of the National Environmental Management Act (Act 107 of 1998) (NEMA), it cannot be concluded that the said activities will not result in unacceptable pollution, ecological degradation or damage to the environment. In terms of section 16(3) (b) of the EIA Regulations, 2014, any report submitted as part of an application must be prepared in a format that may be determined by the Competent Authority and in terms of section 17 (1) (c) the Competent Authority must check whether the application has taken into account any minimum requirements applicable or instructions or guidance provided by the competent authority to the submission of applications. It is therefore an instruction that the prescribed reports required in respect of applications for an environmental authorisation for listed activities triggered by an application for a right or a permit are submitted in the exact format of, and provide all the information required in terms of, this template. Furthermore please be advised that failure to submit the information required in the format provided in this template will be regarded as a failure to meet the requirements of the Regulation and will lead to the Environmental Authorisation being refused. It is furthermore an instruction that the Environmental Assessment Practitioner must process and interpret his/her research and analysis and use the findings thereof to compile the information required herein. (Unprocessed supporting information may be attached as appendices). The EAP must ensure that the information required is placed correctly in the relevant sections of the Report, in the order, and under the provided headings as set out below, and ensure that the report is not cluttered with un-interpreted information and that it unambiguously represents the interpretation of the applicant. 2 Basic Assessment Report (Draft 1): The proposed Hlanganisa Sand Mine (Tugela River) 2. Objective of the Basic Assessment process The objective of the basic assessment process is to, through a consultative process (a) Determine the policy and legislative context within which the proposed activity is located and how the activity complies with and responds to the policy and legislative context; (b) Identify the alternatives considered, including the activity, location, and technology alternatives; (c) Describe the need and desirability of the proposed alternatives, (d) Through the undertaking of an impact and risk assessment process inclusive of cumulative impacts which focused on determining the geographical, physical, biological, social, economic, heritage , and cultural sensitivity of the sites and locations within sites and the risk of impact of the proposed activity and technology alternatives on the these aspects to determine: (i) The nature, significance, consequence, extent, duration, and probability of the impacts occurring to; and (ii) The degree to which these impacts— (aa) Can be reversed; (bb) May cause irreplaceable loss of resources; and (cc) Can be managed, avoided or mitigated; (e) Through a ranking of the site sensitivities and possible impacts the activity and technology alternatives will impose on the sites and location identified through the life of the activity to— (i) Identify and motivate a preferred site, activity and technology alternative; (ii) Identify suitable measures to manage, avoid or mitigate identified impacts; and (iii) Identify residual risks that need to be managed and monitored. 3 Basic Assessment Report (Draft 1): The proposed Hlanganisa Sand Mine (Tugela River) DETAILS OF THE INDEPENDENT ENVIRONMENTAL ASSESSMENT PRACTITIONER (EAP) FOR THE BASIC ASSESSMENT REPORT AND ENVIRONMENTAL MANAGEMENT PLAN Compiled by: EAP: Justin Ellero (ID 9001305086083) Qualifications: MSc (Geography) (UKZN) • BSSH (Environmental Science – Cum Laude) (UKZN) • BSS (Geography and Environmental Management) (UKZN) • Advanced Course (Environmental Law) (UNISA) Work Experience: Justin Ellero is an Environmental Assessment Practitioner with five years’ experience in conducting Environmental Impact Assessments, Water Use License Applications, Mining applications and Waste Management Licensing. His project experience list includes municipal pipelines, Eskom powerlines, Eco-Lodge developments, residential estates, industrial parks, mining permits and development at the King Shaka International Airport. As of the 30th of November 2019, Justin is a fully registered Environmental Assessment Practitioner with The Environmental Assessment Practitioners Association of South Africa. I, Justin Pietro Ellero confirm: The correctness of all information within the BAR and EMP; All I&APs comment and inputs have been included in this Report; The inclusion of inputs and recommendations from the specialist reports where relevant; and I do not have and will not have any vested interest (either business, financial, personal or other) in the proposed activity proceeding other than remuneration for work performed in terms of the NEMA Regulations. An undertaking of oath can be found at the end of this application. 4 Basic Assessment Report (Draft 1): The proposed Hlanganisa Sand Mine (Tugela River) Project Team for the proposed Hlanganisa Sand Mine (Tugela River): Name Role Company Qualifications IDM Environmental Project Team Mr. Justin Pietro Environmental IDM Environmental – MSc Geography (UKZN) Ellero Assessment EAP Practitioner EAPSA Registration (2019/178) Mr. Karl Wiggishoff Internal Reviewer of Managing Director of Masters in Environmental, all Reports IDM Environmental Planning and Development Law (Stel) Environmental Specialists Ms. Louise Zdanaw Botanical and Managing Director of BSC Honours Botany (UCT) Freshwater Specialist EnviroSwift KZN (Pty) Ltd. SACNASP Registered (114072) Mr. Alex Whitehead Ichthyofaunal (fish) Sustainable BSc Honours Specialist Development Projects cc SACNASP Registered 5 Basic Assessment Report (Draft 1): The proposed Hlanganisa Sand Mine (Tugela River) TABLE OF CONTENTS 1 BACKGROUND INFORMATION .......................................................................... 12 1.1 INTRODUCTION .............................................................................................. 12 1.2 LOCATION OF THE PROJECT ........................................................................ 12 1.3 EIA REGULATIONS OF 2014 (AS AMENDED) TRIGGERED ACTIVITIES..... 16 1.4 TERMS OF REFERENCE ................................................................................. 16 1.5 APPROACH AND METHODOLOGY ................................................................ 16 1.6 REPORT STRUCTURE ..................................................................................... 17 1.7 APPLICABLE LEGISLATION, POLICIES AND GUIDELINES ........................ 17 2 DESCRIPTION OF PROPOSED ACTIVITIES ................................................... 23 2.1 ACTIVITY DESCRIPTION ................................................................................. 23 Extent of the Mine ............................................................................................................. 23 Site Planning ..................................................................................................................... 23 Site preparation and establishment .................................................................................. 24 Operation .......................................................................................................................... 25 Sediment replenishment ................................................................................................... 26 Duration of Activity ............................................................................................................ 26 Mine Closure and Rehabilitation ....................................................................................... 26 2.2 SERVICE PROVISION ...................................................................................... 27 2.3 ACCESS TO THE MINING SITE ...................................................................... 27 2.4 SOCIAL RESPONSIBILITY OF THE APPLICANT .......................................... 29 2.5 NEED AND DESIRABILITY OF THE PROPOSED TUGELA RIVER SAND MINE ................................................................................................................