APPENDIX D - PUBLIC PARTICIPATION PROCESS
APPENDIX D1 - SITE NOTICES
ASHBURTON TUNNEL
Location: 29˚ 39.586’ S, 30˚ 25.980’ E
Location: Polly Shortts Pick ‘n Pay
Location: Ashburton Pick ‘n Pay
APPENDIX D2 - INTERESTED AND AFFECTED PARTIES Contact Details Medium Name Affiliation Designation Email address Contact No. Postal Address of contact EAP (CES) Environmental
Aidan Gouws CES Consultant, Project [email protected] 010 045 1372 Email Manager Principal Environmental
Gregory Shaw CES Consultant, Project [email protected] 046 622 2364 Email Leader Applicant (TFR) Transnet Freight Senior Consultant, ndivhuwo.netshilaphala@tran 011 584 0528 Ndivhuwo Netshilaphala Rail - Landowner & Email Project Manager snet.net 071 856 3667 Applicant Transnet Freight Chief Engineering 011 583 0374 Bongiwe Senna Rail - Landowner & Technician [email protected] Email 083 419 4577 Applicant Capital Execution Landowners PO BOX 455, LUXMI, Neighbour - A N R Agencies Cc 67 PIETERMARITZBURG, Postal Ashburton KWA-ZULU NATAL, 3201 Neighbour - 7 Poinsettia Rd, Cleland, Alexander Francis Smith RE/37 Postal Ashburton Pietermaritzburg, 3201 PO BOX 1051, Neighbour - Alison Margaret Taylor 490 033 396 1761 PIETERMARITZBURG, Postal Ashburton KWAZULU NATAL, 3200 Neighbour - 124 CB Downes Road, Charis Concepts 1885 033 386 2698 Postal Ashburton Mkondeni Elegant Property Trust- 20 Shortts Retreat Rd, Neighbour - customerservices@bakerssali Trustees (Bakers S.A. 455 033 846 2700 Mkondeni, Pietermaritzburg, Email Ashburton mited.com Limited) 3201 Erf 550 Shortts Retreat Neighbour - P O BOX 11724, Owner's Association 4/550 Postal Ashburton DORPSPRUIT, 3206 (NPC) BUILDING E THE BRAIDES Neighbour - OFFICE PARK, 113 Forsyte Props 5 RE/218 Postal Ashburton BOWLING AVENUE, GALLO MANOR, GAUTENG, 2191 POSTNET SUITE 279, Fraser & Higgs Neighbour - 447 PRIVATE BAG X6, Postal Properties Cc Ashburton CASCADES, 3202 Contact Details Medium Name Affiliation Designation Email address Contact No. Postal Address of contact Neighbour - Gerald William Taylor 491 [email protected] 033 386 7607 Email Ashburton 3 Shortts Retreat Rd, GL Investment Trust Neighbour - 464 033 846 8000 M'Kondeni, Mkondeni, Postal (Dhl Supply Chain) Ashburton Pietermaritzburg, 3201 24 Shortts Retreat Rd, GL Investment Trust (J Neighbour - 464 [email protected] 033 386 8146 Mkondeni, Pietermaritzburg, Email &M Dowels Cc) Ashburton 3201 Imbali Props 21 Neighbour - P.O. BOX 263, LA LUCIA, Proprietary Limited 2258 [email protected] 033 846 8000 Email Ashburton 4153 (Ndlovu Park) Natal Associated Neighbour - PO Box 100640, Scottsville Chemicals Proprietary 443 033 386 9357 Postal Ashburton 3209 Limited Transnet Freight ndivhuwo.netshilaphala@tran 011 584 0528 Ndivhuwo Netshilaphala Rail - Landowner & RE/307, 308, 555 Email snet.net 071 856 3667 Applicant No Contact Details - BID Neighbour - 5 Poinsettia Rd, Cleland, 1/37 Postal Drop Ashburton Pietermaritzburg, 3201 No Contact Details - BID Neighbour - 15 Cosmos Rd, Cleland, 38 Postal Drop Ashburton Pietermaritzburg, 3201 Peter Du Plooy Neighbour - P O BOX 2330, 487 Postal Properties Ashburton PIETERMARITZBURG, 3200 Province of Kwazulu- Neighbour - 222, 238, 239, 240, Natal - See Organs Of Ashburton 242, 243 State Neighbour - P O BOX 8717, Ranjith Inv Pty Ltd 454 Postal Ashburton CUMBERWOOD, 3235 PRIVATE BAG X2, Red Planet Investments Neighbour - RE/550 BENROSE, BENROSE, Postal Proprietary Limited Ashburton GAUTENG, 2011 8 Shortts Retreat Rd, Neighbour - RTT (Pty) Ltd 1950 033 386 3273 Mkondeni, Pietermaritzburg, Postal Ashburton 3201 Saficon Ind Equipment Neighbour - 1884 081 732 4410 P O BOX 982, ISANDO, 1600 Postal Pty Ltd (Toyota Forklift) Ashburton PO BOX 300, Scicorp Laboratories Neighbour - BRACKENFELL, RE/628 Postal (Pty) Ltd Ashburton BRACKENFELL, WESTERN CAPE, 7561 Contact Details Medium Name Affiliation Designation Email address Contact No. Postal Address of contact 554, 578, RE/2256, Neighbour - 2256, 2266, 2267, P O BOX 263, LA LUCIA, Shortts Estate Pty Ltd Postal Ashburton 2268, 2277, 2278, 4153 2279, 2280, 2281, 2282 Shortts Retreat Property Neighbour - P O BOX 263, LA LUCIA, 2284, 2285 Postal Owners Assoc Ashburton 4153 Shuter And Shooter Neighbour - [email protected] P O BOX 61, MKONDENI, RE/452 033 846 8700 Email Publishers Ashburton 3212 POSTNET SUITE 272, Neighbour - Solvista Investments RE/180 PRIVATE BAG X10, Postal Ashburton MUSGRAVE, 4062 The Msunduzi Neighbour - RE/1, 442, 553, municipal.manager@msundu 033 392 3000 Private Bag X321, Municipality - (Municipal Email Ashburton RE/2255, 1/2256 zi.gov.za 082 806 6788 PIETERMARITZBURG, 3200 Manager: Mxolisi Nkosi) The Ovland Trust- Neighbour - 033 394 368 Greyling St, 2/550, 3/550 Postal Trustees Ashburton 9567 Pietermaritzburg, 3201 66 CROUCH ROAD, Neighbour - Tiki Tiki Civils Cc RE/627 SYDENHAM, DURBAN, Postal Ashburton KWA-ZULU NATAL, 4091 Neighbour - 116 C B Downes Rd, Cleland, Trentyre 2227 033 386 1214 Postal Ashburton Pietermaritzburg, 3201 P O BOX 414, MSUNDUZI, Uno and Company Neighbour - 484 MSUNDUZI, KWA-ZULU Postal Limited Ashburton NATAL, 3231 Neighbour - 13 Cosmos Rd, Cleland, Vahlavi Electrica RE/33 078 456 1112 Postal Ashburton Pietermaritzburg, 3201 6 Shortts Retreat Rd, Neighbour - Vuza Group (Pty) Ltd 1/550 033 346 0671 Mkondeni, Pietermaritzburg, Postal Ashburton 3201 Government Department of Private bag X 447 Pretoria, Directorate Strategic Environment, [email protected] 0001. Environment House, Mpho Monyai Infrastructure 012 399 9413 Email Forestry and a 473 Steve Biko Road, Developments: PIP Fisheries (DEFF) Arcadia, Pretoria, 0001. Acting Chief Department of Environmental DEFF: Biodiversity Director: National Affairs, A2-2-14, 473 Steve Rose Masela [email protected] 012 399 9511 Email and Conservation Wildlife Information Biko Rd, Environmental Management House, Pretoria. Contact Details Medium Name Affiliation Designation Email address Contact No. Postal Address of contact Environment House, 473 Director: Biodiversity DEFF: Biodiversity Steve Biko Road, Arcadia, Wilma Lutsch Conservation at Dept of [email protected] Email and Conservation Pretoria / Private Bag X447, Environmental Affairs Pretoria, 0001 Deputy Director: Biodiversity Department of Environmental DEFF: Biodiversity Compliance Monitoring [email protected]. Affairs, A2-2-14, 473 Steve Sonja Meintjes 012 399 9597 Email and Conservation and Enforcement at za Biko Rd, Environmental Dept of Environmental House, Pretoria. Affairs DEFF: Biodiversity [email protected] Fundisile Mketeni 012 310 3315 Email and Conservation a Deputy Director- DEFF: Biodiversity [email protected] Shonisani Munzhedzi General Biodiversity 012 399 9171 Email and Conservation v.za and Conservation Chief Directorate: DEFF: Biodiversity [email protected] Skumsa Mancotywa Protected Areas 012 399 9514 Email and Conservation ov.za Systems Management Chief Directorate: DEFF: Biodiversity Biodiversity Specialist WMandivenyi@environment. Wadzi Mandivenyi Email and Conservation Monitoring and gov.za Services: Integrated Thando Booi DEFF Environmental [email protected] 012 336 8152 Email Authorisations Department of Director General for the Deborah Mochotlhi Water and Department of Water [email protected] Email Sanitation (DWS) and Sanitation Environmental control Dakalo Rambuda DWS [email protected] Email officer production DAFF: Directorate: N.J. Tshingana Land Use and Soil Resource Auditor [email protected] 012 319 7484 Email Management Mmakola Phyllystas DAFF [email protected] 012 309 8760 Email Assistant Director Marinda Nell DAFF [email protected] Email :Administration Dumisani Sibayi SAHRA [email protected] Email Contact Details Medium Name Affiliation Designation Email address Contact No. Postal Address of contact Director: Environmental Bonginkosi.dlamini@kznedte Bonginkosi Dlamini EDTEA Management: Head 033 264 2500 Email a.gov.za Office Director: Environmental Bhekumuzi.mathenjwa@kzne Bhekumuzi Mathenjwa EDTEA Management: Head 082 822 2496 Email dtea.gov.za Office Director: Industrial Simphiwe.fikizolo@kznedtea. Simphiwe Fikizolo EDTEA Development & Email gov.za Business Regulations Director: PR and Media 033 328 8000 Bongani Tembe EDTEA [email protected] Email Liaison 082 327 2600 Chief Information [email protected] Siza Sibanda EDTEA 033 264 2500 Email Officer a EDTEA general EDTEA [email protected] Email Umgungundlovu 242 Langalibalele Street, R Ngcobo Municipal Manager [email protected] 033 897 6700 Email District Municipality Pietermaritzburg, 3200 Msunduzi Corporate Services - [email protected] Anesh Roopan 033 392 2586 Email Municipality ICT GIS Department .za Ludwig Johann Msunduzi 033 392 2572 Cnllr: Ward 36 [email protected] Email Winterbach Municipality 084 511 4170 Msunduzi Lyne Sandra Patricia Cnllr: Ward 37 [email protected] 082 896 5264 Email Municipality Msunduzi 411 Boom Street Floor Msunduzi [email protected] 033 392 3241 Cherise Harris Environmental Ground, 411 Boom Street, Email Municipality v.za 076 161 7555 Management Unit Pietermaritzburg, 3201 Acting General Msunduzi Ngangenkosi.Mpisi@msundu Nganenkosi Mpisi Manager: Infrastructure 033 392 5001 Email Municipality zi.gov.za Services Msunduzi General Manager: [email protected]. 033 392 2708 Boniwe Zulu Email Municipality Community Services za 033 392 2880 Msunduzi Nelisiwe.ngcobo@msunduzi. Nelisiwe Ngcobo Acting City Manager 033 392 2002 Email Municipality gov.za General Manager: Msunduzi Sustainable [email protected] Private Bag X321, Felix Nxumalo 033 392 2490 Email Municipality Development- and City v.za Pietermartizburg, 3200 Enterprises Key Stakeholders SANBI General SANBI [email protected] 012 843 5000 Email Enquiries Contact Details Medium Name Affiliation Designation Email address Contact No. Postal Address of contact
David Mabunda SANParks CEO [email protected] 012 426 5002 Email
Kuseni Dlamini SANParks Chairperson [email protected] 011 217 1954 Email Important Bird & [email protected] Daniel Marnewick Birdlife South Africa Biodiversity Areas 011 789 1122 Email g.za Programme Hanneline Smit- Terrestrial bird Birdlife South Africa [email protected] 011 789 1122 Email Robinson conservation
WESSA General WESSA [email protected] 011 462 5663 Email John Wesson WESSA John. [email protected] Email P.O. Box 1091, Head Office Eskom [email protected] 011 800 8111 Email Johannesburg, 2000
APPENDIX D3 – NOTIFICATION OF ORGANS OF STATE, STAKEHOLDERS AND INTERESTED & AFFECTED PARTIES 1. INCEPTION NOTICE
1.1. ORGANS OF STATE AND STAKEHOLDERS
1.2. REGISTERED INTERESTED AND AFFECTED PARTIES
2. NOTICE PUBLIC REVIEW PERIOD AND AVAILIBILITY OF DBAR
2.1. ORGANS OF STATE AND STAKEHOLDERS
2.2. REGISTERED INTERESTED AND AFFECTED PARTIES
APPENDIX D4 - BACKGROUND INFORMATION DOCUMENT BASIC ASSESSMENT PROCESS FOR THE
INSTALLATION OF TELECOMMUNICATION MASTS AND ASSOCIATED INFRASTRUCTURE AT VARIOUS LOCATIONS IN SOUTH AFRICA
BACKGROUND INFORMATION DOCUMENT & INVITATION TO COMMENT
Return address for comments:
CES Aidan Gouws 70 Regency Drive Route 21 Business Park Centurion Pretoria, 0178 Tel: 010 045 1372 Email: [email protected] Background Information Document
AIM OF THIS DOCUMENT The purpose of this document is to ensure that people interested in or affected by the proposed project are provided with information about the proposal, the process being followed and provided with an opportunity to be involved in the Basic Assessment process.
Registering as an Interested and/or Affected Party (I&AP) allows individuals or groups the opportunity to contribute ideas, issues, and concerns regarding the project. I&APs also have an opportunity to review all reports and submit comments on those reports. All comments received are included in the reports submitted to the Competent Authority (the National Department of Environment, Forestry and Fisheries [DEFF]).
THE PROPONENT Transnet Freight Rail (TFR) is the largest division of Transnet SOC Limited, a South African parastatal that provides freight transport and handling services in South Africa. Transnet operates through five divisions: Freight Rail, Engineering, National Ports Authority, Port Terminals, and Pipelines. The Freight Rail maintains the rail network across South Africa and it connects with other rail networks in the sub-Saharan region. It also transports automotive products, containers, lime and cement, coal, grains, agricultural fuels, chemicals, fertilizers, chrome and manganese, and granites for mining.
ENVIRONMENTAL ASSESSMENT PRACTITIONER CES is specialised in environmental and social impact assessments and environmental management has been appointed by TFR to conduct the required Basic Assessment for the proposed project. CES was established in 1990 when we were involved as lead consultants for a large mineral mining Environmental Impact Assessment (EIA) in South Africa, and since completing that first EIA, we have expanded our scope of work to provide a wide variety of environmental and social advisory services to public and private-sector clients both within South Africa and internationally.
Background Information Document
PROJECT DESCRIPTION Transnet Freight Rail (TFR) proposes to construct six telecommunication masts and associated infrastructure in an effort to improve the communication channels between train conductors along existing freight rails in Gauteng, Mpumalanga and Kwa-Zulu Natal (Figure 1). CES was appointed by TFR to conduct concurrent Environmental Authorisations for the installation of the masts and associated infrastructure, by undertaking three Basic Assessments (one per province), including specialist Visual Impact Assessments (VIA), to determine the environmental impacts of the proposed developments in accordance with the National Environmental Management Act (NEMA) (Act No. 107 of 1998, as amended).
Figure 1: Locality of telecommunication mast construction projects
The structure design is a tapered, self-supporting lattice type mast (angle iron) with a 2.5m2 Antenna load at the top of the mast. The mast shall be painted red and white. The mast shall have a Direct Current (DC) powered navigation light on top. The masts will be constructed in areas where existing telecommunication infrastructure has been installed. In all cases this will be within secured substation / relay station premises.
The following details are relevant to the proposed masts.
Background Information Document
Table 1: Proposed telecommunication mast locations and attributes Site Name Mast Features High Radio Masts Pyramid South (Gauteng) Height: 35m Within fenced Central Train Control area >10km from any agricultural, industrial and residential areas >20km from game reserve and closest dam Burhmanskop (Mpumalanga) Height: 30m Within fenced railway relay substation area >15km from residential area and closest dam Davel (Mpumalanga) Height: 30m Within fenced railway relay substation area >5km from agricultural land and closest dam Halfgewonen C Height: 30m (Mpumalanga) Within fenced railway relay substation area >10km from industrial and residential areas 18.8km from closest dam Geluksplaas (Mpumalanga) Height: 30m Within fenced railway relay substation area >15km from industrial and residential areas 35.3km from closest dam Tunnel Mast Ashburton Tunnel No.4 – Height: 21m Durban (Kwa-Zulu Natal) Above rail tunnel 2.5km from industrial and residential areas 500m from agricultural land 3km from closest dam 15km from ocean
Plate 1: Example of a high radio mast (left) and fenced relay room/substation area (right)
Background Information Document
Plate 2: Example of a tunnel where the tunnel mast will be installed
RELEVANT LEGISLATION The Environmental Impact Assessment (EIA) Regulations specify which development activities require either a Basic Assessment (Listing Notice 1 and 3), or a Scoping/EIA (Listing Notice 2). Generally, Basic Assessments are required for lower impact projects, whereas Scoping/EIA is reserved for higher impact projects.
The proposed projects are subject to Basic Assessments in terms of the following activities, which are likely to be triggered for each development.
Table 2: Listed Activities triggered in the 2014 NEMA EIA Regulations (as amended) - (Basic Assessment) Activity Project component triggering Activity Number activity Listing Notice 3 (GNR 985, as amended) 3(c)(d)(f) The development of masts or towers of any The telecommunication masts material or type used for telecommunication will exceed 15 m, ranging from broadcasting or radio transmission purposes 21-35 m in height. where the mast or tower— (a) Is to be placed on a site not previously used for this purpose; and (b) Will exceed 15 metres in height
Background Information Document
APPROACH TO THIS BASIC ASSESSMENT REPORT The BAs for the proposed project are presently in the planning phase. This phase serves primarily to inform the public and relevant authorities about the proposed project and to determine any impacts. These impacts will then be extensively addressed during the impact evaluation within the BA process. Only after the full Basic Assessment Reports have been submitted will the relevant authorities make a decision.
One Draft Basic Assessment Report (DBAR) will be compiled per province, which will comprehensively describe the activities and impacts that the project may have on the receiving environment, including specialist reports and details from the PPP process. The DBAR and Environmental Management Programme (EMPr) will be submitted for a 30 day public comment period.
Subsequent to the review and commenting period, a Final BAR will be compiled for submission to the National Department of Environment, Forestry and Fisheries (DEFF). This will include all public comments and response to issues raised by I&APs.
Should the authorities grant approval via an environmental authorisation, all registered I&APs will be notified accordingly and given the opportunity to appeal against the decision, should they so wish.
Basic Assessment Process
Notification & Registration of I&APs ↓ Distribution of BID Document to I&APs for comment ↓ Compilation of I&AP comments and response report ↓ Review of Basic Assessment Reports by I&APs ↓ Submission of Basic Assessment Reports to the DEFF ↓ Review of BAR by authorities and issue of Environmental Authorisation if project is approved ↓ Appeals process ↓ Commencement of project Figure 2: Proposed Basic Assessment Process Including Public Participation
Background Information Document
POTENTIAL IMPACTS AND BENEFITS The following general impacts are anticipated from the mast construction works:
Dust generation Storm water alteration Soil erosion and pollution Waste creation and storage Disturbance of surface geology Visual impacts Vegetation and faunal impacts Noise increase Loss of habitat and ecosystem quality Social impacts
The following specialist study will be conducted to ascertain any potential impacts, positive and negative, that may occur as a result of the potential authorization of the project, and to propose mitigation measures for the construction and operation phases:
Visual impact assessment
HOW CAN YOU BE INVOLVED? A Public Participation Process (PPP) is being conducted as part of the BA. The aim of the PPP is to allow everyone who is interested in, or likely to be affected by, the proposed development to provide input into the process.
The Public Participation Process will include:
Advertisements in the local newspapers Notice Boards on site; Circulation of the BID (this document) to all I&APs and stakeholders; Registration of all I&APs and stakeholders; Community and focus group meetings; and Review of all comments by registered I&APs and stakeholders.
If you consider yourself an interested and/or affected person/party, it is important that you become and remain involved in the public participation process. In order to do so please follow the steps below in order to ensure that you are continually informed of the project developments and will ensure your opportunity to raise issues and concerns pertaining to the project.
STEP 1: Please register by responding to our notification and invitation, with your name and contact details (details provided on cover page and below). As a registered I&AP you will be informed of all meetings, report reviews and project developments throughout the BA process.
Background Information Document
STEP 2: Please send us any comments, concerns or queries you may have in relation to the proposed installation of telecommunication masts and associated infrastructure.
STEP 3: Attend meetings that will be held throughout the public participation process. As a registered I&AP, you will be invited to these meetings.
CES is required to engage with all private and public parties that may be interested and/or affected by the proposed mast installations, in order to distribute information for review and comment in a transparent manner.
In the same light, it is important for I&APs to note the following:
For CES to continue engaging with you, please ENSURE that you register on our database by contacting the person below. As the BAR review process is regulated by specific review and comment timeframes, it is your responsibility to submit your comments in writing within these timeframes
Background Information Document
I hereby wish to register as an Interested and Affected Party (I&AP) for the
Transnet Telecommunication Mast Basic Assessment Processes
Name: ______
Email / Postal Address:
______
Phone #: ______
My initial comments, issues or concerns are:
______
______
______
______
______
______
Other individuals, stakeholders, organisations or entities that should be registered are:
Name: ______
Email / Postal Address:
______
Phone #: ______
Please return details to Aidan Gouws
70 Regency Drive, Route 21 Business Park, Centurion, Pretoria, 0178
Tel: (010) 045 1372 Fax: (046) 622 6564 Email: [email protected]
APPENDIX D5 - NEWSPAPER ADVERTISEMENT THE WITNESS (19 AUGUST 2020)
APPENDIX D6 - ISSUES AND RESPONSE TRAIL COMMENTS FROM THE DEPARTMENT OF ENVIRONMENT, FORESTRY & FISHERIES
The Issues and Response Trail (IRT) between the EAP and DEFF is provided in the table below.
Table 1: EAP responses to DEFF comments on Draft Basic Assessment Report Item DEFF Comment CES (EAP) response Application form 1 It has been noted that on page 6 of the The comment is acknowledged and has been application form and under project addressed in the application (page 6) and description in the DBAR, it was mentioned Final BAR (page 7): that the development will entail the associated infrastructure, however, only “The mast will occupy a footprint of 3m x 3m activity 3(d) was applied for. Therefore, you (9m2) and will be constructed in an area are required to provide details of the where existing freight rail infrastructure has associated infrastructure that is referred to in been installed, namely above the railway the project description as indicated above tunnel. The associated infrastructure to be and the size of the development footprint of installed will include a 2.4m high 4m x 4m the project. fence and pedestrian gate surrounding the mast, as well as a new cable tray run, 10m in length and 457mm wide” 2 It has been noted that the activity and the The comment is acknowledged and has been sub-activity 3(d)(v) has been applied for addressed in the application (page 6) and which make reference to the “Sensitive areas Final BAR (page 12). as identified in an environmental management framework as contemplated In “xii. Sensitive areas as identified in an chapter 5 of the Act and as adopted by the environmental management framework as competent authority”, however, the aforesaid contemplated in chapter 5 of the Act and as sub-activity is incorrectly quoted from the adopted by the competent authority; Regulations. Therefore, you are required to submit the amended application form and Site falls within a sensitive area in terms of final BAR indicating the relevant activity and the Msunduzi Municipality EMF, namely a sub-activity and further indicate under the High biodiversity constraints area.” description of the activity in terms of which EMF is the area sensitive. The amended application is included with the submission of the Final BAR. Specialist Study 3 The Department has noted that The Visual It is our understanding that the requirement Impact Assessment was conducted by a for an independent specialist, in terms of specialist from Coastal and Environmental Regulation 13 (1) (a) of the NEMA 2014 EIA Services (Pty) Ltd, the same company as the Regulations, pertains to their independence EAP. The specialist that conducted the from the applicant and not their specialist study has not complied with independence from the EAP. This is regulation 13 (2) of NEMA EIA regulations of supported by the definition of “independent” 2014 as amended, therefore, an external in the context of the NEMA 2014 EIA specialist must be appointed by the applicant Regulations, as defined in from Regulation 1 to review this study. The specialist appointed (1). to externally review the study must be independent and have expertise in The VIA specialist was deemed independent compliance with sub regulation 13(1) (a) and of the applicant as per the above definition. In 13 (1) (b) of NEMA EIA regulations 2014 as other words, the specialist had nothing to amended. gain from the activity/application, other than that of normal remuneration as a permanent The Department has noted that the Visual employee of the EAP. Regulation 13(2) was impact Assessment was conducted by a therefore not contravened and an external specialist from Coastal and Environmental specialist (that is, a specialist external to the Services (Pty) Ltd, the same company as the EAP) was not required under Regulation EAP. The specialist that conducted the 13(2). This explanation was provided to and specialist study has not complied with accepted by the DEFF case officer (see regulation 13 (2) of NEMA EIA regulations of attached correspondence in Appendix D6). 2014 as amended, therefore, an external specialist must be appointed by the applicant to review this study. The specialist appointed Item DEFF Comment CES (EAP) response to externally review the study must be independent and have expertise in compliance with sub regulation 13(1) (a) and 13 (1) (b) of NEMA EIA regulations 2014 as amended. Public participation Process (PPP) 4 Please ensure that comments from all A full record of the comments raised by the relevant stakeholders are submitted be the aforementioned stakeholders has, where Department with the final BAR. This Includes applicable, been included in Appendix D6 of but not limited to the Department of the Final BAR. Environment, Forestry and Fisheries (DEFF) following units: Biodiversity Planning and Conservation; Protected Areas Systems Management; National Wildlife Information Management and Biodiversity Specialist Monitoring and Services; Msunduzi Local Municipality including the Municipal Ward councillor; Eskom; South Africa National Parks; Economic Development Tourism and Environmental Affairs (EDTEA); Department of Mineral Resources (DMR); Department of Human Settlements, Water and Sanitation and Heritage KwaZulu Natal (as indicated In the Public Participation Plan). 5 Ensure that all issues raised and comments Where applicable, all issues raised and received during the circulation of the draft comments received during the circulation of BAR from registered l&APs and organs of the Draft BAR from registered I&APs and state which have jurisdiction in respect of organs of stale which have jurisdiction in the proposed activity are adequately respect of the proposed activity were addressed in the final BAR. adequately addressed by the EAP in the Final BAR. The full Issues and Response Trail (IRT) is attached to as Appendix D6 of the Final BAR. 6 Proof of correspondence with the various Formal inception notifications were sent out stakeholders must be included in the final via email and postal mail on the 7th of BAR. This must indicate that this amended November 2019 (all notification proofs are draft BAR has been subjected to 30 days provided in Appendix D3). All registered public participation process, stating the start I&APs, stakeholders and relevant organs of and end date of the PPP. Should you be state were notified of the availability of the unable to obtain comments, proof should be Draft BAR for public review by means of email submitted to the Department of the attempts and registered mail sent out on the 17th of that were made to obtain comments. August 2020 (all proofs are provided in Appendix D3 of the Final BAR). 7 The Public Participation Process must be The Public Participation Process was conducted In terms of Regulations 39, 40, 41, conducted in terms of Regulations 39, 40, 41, 42, 43 & 44 of the EIA Regulations 2014, as 42, 43 & 44 of the EIA Regulations 2014, as amended. amended. Please refer to Chapter 6 and Appendix D of the Final BAR. General Comments 8 You must note that the final BAR to be The Final BAR is submitted to the submitted to this Department must comply Department in compliance with Appendix 1 with all the requirements in tens of the scope and 19 (2) of the EIA Regulations, 2014 as of assessment and content of BAR in amended. accordance with Appendix 1 and 19 (2) of the EIA Regulations, 2014 as amended. 9 Further, note that in terms of Regulation 45 The Final BAR is submitted within the of the EIA Regulations 2014 as amended, timeframes stipulated in Regulation 3 of the this application will lapse If the applicant fails EIA Regulations, 2014 as amended. to meet any of the timeframes prescribed in Item DEFF Comment CES (EAP) response terms of the these Regulations, unless an extension has been granted in terms of Regulation 3(7). 10 You are hereby reminded of Section 24F of In accordance with Section 24F of the the National Environmental Management National Environmental Management Act, Act, Act No 107 of 1998, as amended, that no Act No 107 of 1998, as amended, no activity activity may commence prior to an will commence prior to an environmental environmental authorisation being granted by authorisation being granted by the the Department. Department.
Correspondence between the EAP and the DEFF case officer regarding Specialist Study comments on Draft Basic Assessment Report (28 August 2020). Please note that the latest email is displayed first.
COMMENTS FROM THE MSUNDUZI MUNICIPALITY
The Issues and Response Trail (IRT) between the EAP and the Msunduzi Municipality Sustainable Development & City Enterprises Environmental Management Unit is provided in the table below.
Table 2: EAP response to the Msunduzi Municipality’s comments on Draft Basic Assessment Report Item Msunduzi Municipality Comment CES (EAP) response 18 September 2020 1. The application site has been assessed in The findings of the Msunduzi EMF, C-Plan, terms of the Msunduzi Environmental ESP and SDF have been addressed. Management Framework (EMF), the Msunduzi Please refer to the following sections in the Environmental Services Plan (ESP), Spatial Final BAR: Development Framework (SDF) and the Relevant Legislation (Section 4.2.3); Msunduzi Conservation Plan (C-Plan). Description of the Affected 1.1. The EMF has identified the proposed site to Environment (Section 5.1.6.3); have: Location Alternatives (Section 7.2.1 High biodiversity Constraints and 12.3.1); 1.2. The C-Plan and ESP has identified the Impact Assessment (Tables 10.1-2 proposed site to have: and Appendix B); Key Areas that are totally irreplaceable Sensitivity Analysis (Chapter 11); and (refer to annexure 1 and annexure 2) Opinion of the EAP (Section 12.5). 1.3. The SDF has identified the proposed site to have: To summarise: 1km buffer of cores (refer to annexure 3) “Although the site is located within a highly 2. The applicant is required to address the findings irreplaceability area and CBA, the impact of the Msunduzi EMF, C-PLAN, and ESP and will only be of moderate significance due to SDF. the limited extent of the proposed mast and the fact that the surrounding area is degraded in places, with the access to the site used as a dumping ground and the area between the railway track is populated with alien vegetation (Lantana camara). Moreover, the installation of telecommunication mast at this location is required to maintaining open and reliable communication channels, critical to the ensuring the safety of personnel and cargo while inside the tunnel. It is therefore the professional opinion of CES and specialists that NO FATAL FLAWS are currently associated with the proposed telecommunications mast installation.” 3. Page 9 Section 3.4 of Appendix E under The Msunduzi SDF, Draft ESP, EMF and applicable environmental legislation and C-Plan have been referenced under guidelines, please reference the Msunduzi applicable environmental legislation and SDF, Draft ESP, EMF and C-Plan. guidelines in Section 3.4 of Appendix E. 4. The site has additionally been reviewed against Sub-activity 4(d)(xi) “Sensitive areas as any proposed activities which may require identified in an environmental compliance with the National Environmental management framework as contemplated Management Act (NEMA), 1998 (Act No. 107 of in chapter 5 of the Act and as adopted by 1998) and the associated Environmental Impact the competent authority” has been Assessment (EIA) Regulations of 07 April 2017. elaborated upon with regards to the Msunduzi EMF. The following activities may have applicability to the proposed development but not limited to:
GNR No. 324 Activity Number 3: The development of masts or towers of any material or type used for telecommunication Item Msunduzi Municipality Comment CES (EAP) response broadcasting or radio transmission purposes where the mast or tower— (a) Is to be placed on a site not previously used for this purpose: and (b) will exceed 15 metres in height— but excluding attachments to existing buildings and masts on rooftops. (d) IN KwaZulu-Natal i. In an estuarine functional zone: g. ii. Trans-frontier protected areas managed under international conventions: iii. Community Conservation Areas; iv. World Heritage Site; v. Biodiversity Stewardship Programme Biodiversity Agreement areas; vi. A protected area identified in terms of NEMPAA. excluding conservancies: vii. Sites or areas identified in terms of an international convention: viii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; ix. Core areas in biosphere reserves; x. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose; xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority; xii. Outside urban areas: (aa) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any terrestrial protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve: or (bb) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined: or xiii. Inside urban areas: (aa) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined; (bb) Within urban protected areas; (cc) Areas zoned for use as public open space: or (dd) Areas within 1 kilometre from terrestrial protected areas identified in terms of NEMPAA. Item Msunduzi Municipality Comment CES (EAP) response 5. Applicant is required to consult with the Formal notifications were sent out via email Department of Economic Development. on the 7th of November 2019 and 17th of Tourism and Environmental Affairs (located at 8 August 2020, notifying all relevant organs Warwick Road, Chase Valley Pietermaritzburg) of state (including the Department of prior to submitting the Final Basic Assessment Economic Development, Tourism and Report. Environmental Affairs [DEDTEA]) of the inception of the Basic Assessment process and the release of the Draft Basic Assessment Report for public review, respectively. All proofs are provided in Appendix D3 of the Final BAR. No comments have been received from DEDTEA to date. 6. Under no circumstance should builders' rubble As noted in Table 10.2 of the Final BAR, / waste material be dumped in the river / along Table XX of the EMPr the banks of the river or any municipal property. The Msunduzi Municipality Waste Management “No builders’ rubble / waste material will be Bylaws gazetted in September 2012 states at dumped in the river / along the banks of the Section 11 (3): river or any municipal property. Rubble and ‘Any person erecting or demolishing any waste material will be disposed of at an building shall remove any surplus material appropriate registered landfill site.” and matter arising from such erection or demolition from the site or from any other land or public space affected by such material or matter during or after completion of erection or demolition, failing which the municipality may, by written notice, order the owner of such building to have such surplus material and matter removed within a period specified in such notice.’ 7. The method statement must be submitted to The method statement will be submitted to this unit prior to the commencement of this unit prior to the commencement of site/earth works. site/earth works. 8. The stormwater management plan must be The stormwater management plan will be submitted to the Msunduzi Roads and Drainage submitted to the Msunduzi Roads and Unit for approval prior to the commencement of Drainage Unit for approval prior to the site/earth works. commencement of site/earth works. 9. This Unit must be provided with proof that The Unit will be provided with proof that environmental awareness training has been environmental awareness training has undertaken. been undertaken. 10. Please ensure this unit is provided with a hard A hard copy of the Draft Basic Assessment copy of the Draft Basic Assessment Report and Report and Environmental Management Environmental Management Programme for Programme will be sent to the Unit. our filling purposes. 11. Please ensure this unit is provided with an An electronic and hard copy of the final electronic and hard copy of the final Basic Basic Assessment Report and Assessment Report and Environmental Environmental Management Programme Management Programme. will be sent to the Unit. 12. An Environmental Compliance Officer (ECO) An Environmental Compliance Officer must be appointed for the development and (ECO) will be appointed for the must resister with this unit, providing their development and will resister with the Unit, contact details and a proposed scheduled of providing their contact details and a site visits, prior to the commencement of site proposed scheduled of site visits, prior to works. All audit reports are to be submitted to the commencement of site works. All audit this Unit reports will be submitted to the Unit. 22 September 2020 Item Msunduzi Municipality Comment CES (EAP) response 13. As per the comments submitted on the 18th of The proposed development will comply September 2020, the following comment is with the Msunduzi Municipality’s Cellular outstanding and needs to be adhered to: Telecommunication Infrastructure Policy. Please comply with the attached Msunduzi Applicable mitigation from the policy have Municipality’s Cellular Telecommunication been included in the BAR (Section 4.2.3.4) Infrastructure Policy. and EMPr (Section 3.2).