South32 Coal South Africa (Pty) Ltd: Ifalethu Colliery

Proponent: South32 Coal South Africa (Pty) Ltd: Ifalethu Colliery

INTERGRATED ENVIRONMENTAL AUTHORISATION FOR THE PROPOSED D432 BYPASS ROAD REALIGNMENT ON PORTION 4 AND 39 OF THE FARM HARTEBEESTLAAGTE 325 JS

PUBLIC PARTICIPATION PROCESS REPORT

October 2020

MDARDLEA Reference Number: 1/3/1/16/1N-247

Project number: EFEC09/31

Contents

1 INTRODUCTION ...... 3 2 APPROACH AND METHODOLOGY ...... 4 2.1 Identification of stakeholders ...... 5 2.2 Distribution of project announcement materials ...... 5 2.3 Site Notices ...... 6 2.4 Availability of the Draft Basic Assessment Report (BAR), the Environmental Management Programme (EMPr)...... 6 2.5 Submission of the Final BAR and EMPr to the relevant Competent Authority ...... 6 2.6 Online Meetings ...... 6 2.7 Authority Review and Response ...... 6 3 CONCLUSION ...... 7 1 INTRODUCTION ...... 24 1.1 PROJECT BACKGROUND ...... 24 2.1 LAND CLAIMS ENQUIRY ...... 24 Introduction ...... 27 Legislative Framework ...... 27 Purpose of this Document ...... 28 Stakeholder Engagement ...... 29 Approach ...... 29 Conclusion ...... 36

Appendices

Task 1/A - I&AP’s Identification Phase: Register for I&AP’s Task 1/B – Land Claims Enquiry

Task 2/A - Announcement Phase: BID and notification letters – Background Information Documents Sent

Task 2/B – Public Participation Plan

Task 2/C – Announcement Phase: Site Notices

Task 2/D – Announcement Phase: Newspaper Advertisements

Task 3/A – Consultation with I&APs Phase: Proof of consultation with Interested & Affected Parties

1 INTRODUCTION The national South African Regulatory Framework requires a Public Participation Process (PPP) to be undertaken as part of an Environmental Authorisation application. A PPP involves notifying stakeholders of the proposed Project and providing Interested and Affected Parties (I&APs) with enough information to enable effective engagement.

The PPP Report has been compiled in support of the Basic Assessment for the proposed upgrading and extending of a haul road within the surface of a mine. PPP is about building and maintaining constructive relationships over time. It is an ongoing process with stakeholders that extends throughout the life of the project and encompasses a range of activities and approaches.

The public participation for the proposed project is currently underway and is being undertaken in line with the statutory requirements for public participation. The following legislation is considered for the public participation process:

• International good-practice guidelines for public participation and the Core Values of the International Association for Public Participation;

• Department of Environmental Affairs (2017), Public Participation guideline in terms of NEMA EIA Regulations,

• The Constitution of the Republic of South Africa (Act No. 108 of 1996);

• The Minerals and Petroleum Resources Development Act (Act 107 of 1998); • The National Water Act (Act No. 36 of 1998).

The PPP objectives are to: Comply with the legal requirements; • Inform and consult stakeholders regarding the proposed project; Provide stakeholders with accurate project information;

• Provide stakeholders the opportunity to participate in the process and provide comment;

• Verify that stakeholder comments have been recorded.

2 APPROACH AND METHODOLOGY

The PPP activities for the proposed project is informed by an iterative approach that ensures that all stakeholders are adequately consulted throughout the environmental regulatory process. The overall approach to the PPP is outlined in table 1.

Activity Details

Stakeholder identification Identify individuals/ organisations that might be affected by the proposed project or those who might have an interest in the project.

Distribution of project announcement Distribute/Publish project announcement materials i.e. materials. Background Information Document (BID), newspaper advertisements and site notices, notification letters.

Obtain initial comments and record in the Comments and Responses Report (CRR)

Availability of the Draft Basic The draft BAR and EMPr will be made available for public Assessment Report (BAR) and the review and comment for a period of 30 days. Environmental Management Programme (EMPr) for public review and comment Obtain comments from stakeholders and provide adequate responses to stakeholders’ comments/concerns. All comments received will be recorded in the CRR.

The draft BAR and EMPr will be made available for public review and comment.

Commenting authorities will be sent a copy of the reports for their review and comments.

Submission of the Final BAR and EMPr to The BAR and EMPr will be updated accordingly with the relevant Competent Authority. stakeholder comments. The updated report will be submitted to the Competent Authority for evaluation and decision making.

Authority review and response Once the competent authority has come to a decision regarding the authorisation of the project, all registered stakeholders will be notified of the decision made and the appeal process will be explained.

2.1 Identification of stakeholders

Stakeholders who might be affected by the proposed project or who might have an interest in the project were identified by means of Windeed searches, telephonic consultations, network referrals, land claims query and those that requested to be registered to participate in the proposed project. It is also important to understand how each stakeholder may be affected or perceives they may be affected so that engagement can be tailored to inform them and address their views and concerns in an appropriate manner. Details of individual stakeholders are compiled in a stakeholder register which will be updated throughout the regulatory process.

Stakeholders identified who are affected by or interested in the Proposed Project are grouped into the following broad categories: • All sectors of Government: National, Provincial, District and Local Authorities; Relevant Organs of State; • Directly or indirectly affected landowners; Directly or indirectly affected land occupiers; Surrounding communities; • Agriculture and Water Associations; Environmental Forums; • Non-Governmental Organisations (NGOs): Environmental organisations, community-based organisations; • Land claimants - a query was sent to the Mpumalanga Department of Agriculture, Land Reform and Rural Development on 14 September 2020 to enquire if there are registered land claims on the affected project property. Feedback from the Department has not yet been received.

2.2 Distribution of project announcement materials

The project team compiled project information materials such as BIDS, newspaper advertisements and site notices. The section below, provides details of the project information materials that were distributed and published.

BID: The BID was developed and distributed to stakeholders on the database on 09 October 2020. The BID provided stakeholders with the following details: Project description, the regulatory process to be undertaken; availability of the Draft BAR and EMPr, how stakeholders can become involved in the propose project and contact details of the project team. The BIDs were sent by email and hand delivered to stakeholders. The BID is also available on Ecological Fields Ecological Fields website. A comments and registration form were appended to BID to ensure that stakeholders provide their contact details and comments/issues of concern Please refer to Task 2/A for a copy of the BID.

Newspaper advertisement: A newspaper advertisement (Task 2/D) was placed in the Witbank News 16 October 2020. The newspaper provided stakeholders contained project information, applicable listed activities, details about the availability of the Draft BAR and EMPr and how stakeholders can register to become involved and participate in the proposed project. Site notices: A total of 6 copies of site notices were placed within the project area on 08 October 2020. The site notices provided the same details as the newspaper advertisement. A project locality map was included on the site notice, please refer to Task 2/C for a copy of the site notice report and site notice placement map.

Notification letter: A notification letter (Task 2/A) notifying stakeholders about the availability of the Draft BAR was sent to stakeholders on 09 October 2020.

2.3 Site Notices

Site notices were placed around the proposed mining site in accordance with Regulation 41(2)(a), (3) and (4) of the Environmental Impact Assessment Regulations Published under Government Notice R982 in Government Gazette 38282 of 4 December 2014 (as amended). All stakeholders on the initial database received a letter/email inviting them to register as I&AP’s

2.4 Availability of the Draft Basic Assessment Report (BAR), the Environmental Management Programme (EMPr).

To satisfy the requirements of Regulations 40 through 44 of the NEMA EIA Regulations, 2014 (as amended), this notification letter serves to inform you as a potential I&AP of the proposed Project, the associated Environmental Authorisation process and the availability of the Draft BAR/ EMPr for public review.

The Draft Basic Assessment Report and the EMPr will be made available for public review and comment from 16 October 2020 to 17 November 2020 (30 days public review period).

Location Contact person

Ecological Fields website: Mrs Bridget Seroka /http://www.ecologicalfields.co.za/downloads/#Klipspr uit_Colliery 082 782 1378

Placement of the Reports at the Ogies Public Library at 105 R555, Ogies.

The Project team will ensure to put measures in place to obtain comments from stakeholders and provide adequate responses to stakeholders’ comments/concerns. All relevant Commenting Authorities will be sent a copy of the reports for their review and comments. All comments received will be recorded in the CRR.

2.5 Submission of the Final BAR and EMPr to the relevant Competent Authority

The BAR and EMPr will be updated accordingly with stakeholder comments. The updated report will be submitted to the Competent Authority for evaluation and decision making. To ensure transparency, the updated/final BAR and EMPr submitted to the Competent Authority will be made available on Ecological Fields’s website.

2.6 Online Meetings

Instead of a public meeting, online group meetings will be scheduled upon request, and recorded for reporting purposes. This is in adherence to the COVID regulations.

2.7 Authority Review and Response

Once the competent authority has come to a decision regarding the authorisation of the project, all registered stakeholders will be notified of the decision made and the appeal process to be followed

3 CONCLUSION

The PPP has been undertaken to ensure meaningful and adequate stakeholder engagement. A variety of communication methods, tools and channels of engagement will be used during the stakeholder engagement process.

TASK 1/A - I&AP’S IDENTIFICATION PHASE: REGISTER FOR I&AP’S

Table 1: Stakeholder Database Category Company Mr/Ms First Name Last Name Position

Directly Affected Afgri Operations Ltd Mr Ruan van der Merwe landowners

Directly Affected Anglo Operations Pty Ltd Mr Dirk Kitching landowners

Directly Affected Bezuidenhout Gert Petrus Mr Gert Bezuidenhout landowners

Directly Affected Breet Cornelius Theunis Ms Cornie Breet landowners Oosthuizen

Directly Affected Bsure Property landowners Developers cc

Directly Affected C H Truter Familie Trust Ms Christie Truter landowners

Directly Affected Christoffel Marthinus Du Mr Clifford Colling landowners Toit Van Rooyen

Directly Affected Cornelia Magrieta Gibson Mr & Johan / Marita Gibson landowners Mrs

Directly Affected Frederick John Farrell Mr Johann du Plessis landowners

Directly Affected Frikkie Cloete Familie landowners Landgoed Pty Ltd

Directly Affected Gert Fredrick Meyer Mr Gert Meyer landowners

Directly Affected Gilbert Paul Victor De Mr Gilbert De Cort landowners Cort

Directly Affected Glencore Operations Mr Barry Fourie landowners /Truter Boerdery Trust/Duiker Mining /Xstrata South Africa Directly Affected Hanlu Ontwikkelings Pty landowners Ltd

Directly Affected Henwi Trust Mr Petrus Johannes Prinsloo landowners

Directly Affected Herver Arnold Petrus Du Mr Arnold (Arrie) van den Herver landowners Toit van Den

Directly Affected Ingwe Surface Holdings Mr Gert Petrus / Bezuidenhout/Labauschagne landowners (BHP Billiton) Jan

Directly Affected Ingwe Surface Holdings Mr Pampoen Mlangeni landowners (BHP Billiton)

Directly Affected Ingwe Surface Holdings Ms Annalise Van Zyl Environmental landowners (BHP Billiton) Supervisor

Directly Affected Ingwe Surface Holdings Mr Gert landowners (BHP Billiton)

Directly Affected Irendedale Trust landowners

Directly Affected Kernels Trust Ms Cornie Breet landowners

Directly Affected Kirton Leslie Graham Mr Apie Kirton landowners (Apie)

Directly Affected Largo Technical landowners Engineering cc

Directly Affected Lonerock Quarries CC Mr Wim van der Westhuizen landowners

Directly Affected Mahlangu Family Mr Thembani Moyo landowners Communal Prop Association

Directly Affected Mahne's Areas Pty Ltd landowners

Directly Affected MMS Masakhane Mining landowners Supply & Construction cc

Directly Affected Pieter De Bruto Ms Cornie Breet landowners

Directly Affected Pieter Torsten Evert Mr Torsten Genis landowners Genis

Directly Affected Private Person Mr Christina Janse van Rensburg landowners

Directly Affected Private Person Mr Ruan van der Merwe landowners

Directly Affected Quickstep 412 Pty Ltd Mr Wim van der Westhuizen landowners

Directly Affected Sightfull Coal Pty Ltd Mr Pampoen Mlangeni landowners

Directly Affected Nokuhle Coal Pty Mr Victor Lebepe landowners Ltd/Ogiesfontein Farm

Directly Affected National Department of Mr Zepht / Wim Sikosana/ van der landowners Land Affairs Westhuizen

Directly Affected National Government of Mr Vincent Phukela landowners the Republic of South Africa

Directly Affected Ogies Township Co Pty The Manager landowners Ltd

Directly Affected South African National Ms Victoria Bota landowners Roads Agency

Directly Affected South African National Mr Arnold (Arrie) van den Herver landowners Roads Agency

Directly Affected Talama cc Mr Willem Coetser landowners

Directly Affected Telkom SA Ms Ntombi Masango Land Surveying landowners Technician

Directly Affected Transnet Mr Phillip De Klerk landowners

Directly Affected Xstrata South Africa Pty Mr Clifford Colling landowners Ltd

Directly Affected Mr Frikkie Cloete landowners

Directly Affected Mr Willem Coetser landowners

Directly Affected Ms Smart Rachel Jacoba landowners

Directly Affected Mr Edmund John McLellan landowners Directly Affected Mr Jakobus Van Baalen landowners Directly Affected Ms Anna Magdaline van der Linde landowners

Directly Affected Mr Wim van der Westhuizen landowners Directly Affected Ms Thandi Joyce Skhosana landowners

Directly Affected Ingwe Surface Holdings Mr Vikesh Dhanooklal landowners (BHP Billiton)

Directly Affected Lonerock Quarries CC Mr Andre Trollip landowners

Directly Affected Truter Boerdery Trust Mr Pieter De Bruto landowners

Directly Affected Truter Boerdery Ms Christie Truter landowners Trust/Unknown

Directly Affected Unknown/Emalahleni Mr LP Mofokeng landowners Local Municipality

Directly Affected VA INV CC landowners

Directly Affected Pride Milling Mr Nico Le Roux landowners

Directly Affected Venaar Beleggings Pty Mr De Vos Breet landowners Ltd

Directly Affected Wentzel Allewyn Francois Mr Alf Wentzel landowners

National Government National Department of Ms Portia Khumalo ROC Agriculture

National Government National Department of Ms Millicent Solomon Director Environmental Affairs - EIE

National Government National Department of Mr Obed Baloyi Director Environmental Affairs (DEA)

National Government National Department of Mr Mark Gordon Deputy Director Environmental Affairs General (DEA)

National Government National Department of Mr Lucas Mahlangu Control Environmental Affairs Environmental (DEA) Officer

National Government National Department of Ms Nditsheni Ramuhulu Environmental Environmental Affairs Officer (DEA) National Government Department of Agriculture, Ms Mashudu Mukwevho Dir: Land Use & Forestry and Fisheries Soil (DAFF) Management National Government Department of Agriculture, Mr Frans Mashabela Resource Forestry and Fisheries Auditor (DAFF) National Government South African Heritage Ms Genna Lavin Heritage Officer Agency (SAHRA)

National Government Department of Rural Mr Rendani Liphadzi Senior Project Development and Land Officer Reform

Provincial Government Department of Agriculture Ms Zanele Shongwe Deputy Director - Mpumalanga

Provincial Government Department of Mineral Ms Helen Maumela Mine Resources – Mpumalanga Environmental Management Officer Provincial Government Department of Mineral Mr Samuel Mathavhela Assistant Resources – Witbank Director

Provincial Government Provincial Land Claims Ms Phindi Sibanyoni Information Commissioner Officer

Provincial Government Department of Human Mr Stanford Macevele Deputy Director Settlements, Water and Sanitation - Bronkhorstspruit

Provincial Government Department of Human Mr Luvuyo Mqelenga Acting Deputy Settlements, Water and Director Sanitation - Bronkhorstspruit Provincial Government Department of Human Ms Bridget Manamela Environmental Settlements, Water and Officer Sanitation - Bronkhorstspruit Provincial Government Department of Human Mr Adivhaho Rambuda Water Pollution Settlements, Water and Control Officer Sanitation - Bronkhorstspruit

Provincial Government Mpumalanga Department Ms Dineo Tswai Deputy Director: of Agriculture, Rural Environmental Development, Land and Impact Environmental Affairs Management (MDARDLEA) Provincial Government Mpumalanga Department Mr Selby Hlatshwayo Acting Director of Economic Development, Environment, Conservation and Tourism (MDEDECT) Provincial Government Mpumalanga Department Mr Joe Mabuza Deputy Director of Economic Development, Environment, Conservation and Tourism (MDEDECT)

Provincial Government Mpumalanga Department Mr Matthew Mohlasedi of Roads & Transport

District Municipality Nkangala District Mr Solly Links Environmental Municipality Officer

District Municipality Nkangala District Mr Walter Makgai LED Manager Municipality

District Municipality Nkangala District Clr Linah Malatji Mayor Municipality

District Municipality Nkangala District Mr Boetie Mathe IDP Manager Municipality

District Municipality Nkangala District Mr Andrew Nkosi Stakeholder/PP Municipality Official

District Municipality Nkangala District Ms Margaret Skhosana Municipal Municipality Manager

Local Municipality Emalahleni Local Mr Sipho Mthimunye Town Planner Municipality

Local Municipality Emalahleni Local Ms Nomkitha Fani Executive Municipality Director

Local Municipality Emalahleni Local Ms Priscilla Fenyane Environmental Municipality Health Practitioner Local Municipality Emalahleni Local Mr Tefo Kadi LED Manager Municipality

Local Municipality Emalahleni Local Ms Sandile Maseko Executive Municipality Director

Local Municipality Emalahleni Local Ms Nomawabo Mtshabe IDP Manager Municipality

Local Municipality Emalahleni Local Mr Erald Nkabinde Head of Municipality Department (HOD) Local Municipality Emalahleni Local Clr Lindiwe Leonah Ntshalintshali Executive Municipality Mayor

Local Municipality Emalahleni Local Ms Kate Ringane Chief Municipality Horticulturist

Local Municipality Emalahleni Local Mr Theo van Vuuren Municipal Municipality Manager

Local Municipality Emalahleni Local Cllr Mavis Jiyane Ward Councillor Municipality (Ward 28)

Local Municipality Emalahleni Local Cllr Nomasonto Mofokeng Ward Councillor Municipality (Ward 30)

Local Municipality Emalahleni Local Cllr Sifiso Nkosi Ward Councillor Municipality (Ward 31)

Industry and Commerce Eskom Park (Eskom Ms Ntombi Masango Technician Holdings)

Industry and Commerce Chamber of Commerce Mr Francois van Niekerk Marketing Manager

Industry and Commerce Transnet LTD Mr Tshilidzi Masalesa Environmental Specialist

Industry and Commerce Paul Van Wyk Economists Ms Ola Schumacker and Planners cc

Industry and Commerce Marimba Colliery Mr Abram Ndlelenhle

Industry and Commerce Eskom Park (Eskom Ms Goodness Ntuli Chief Advisor Holdings)

Environmental NGO's Endangered wildlife Trust Ms Karryn Morrison (EWT)

Environmental NGO's Ekangala Grassland Trust Ms Angus Burns

Environmental NGO's Federation of Sustainable Mr Koos Pretorius Environment (FSE)

Environmental NGO's WESSA and Birdlife Africa Ms Cathleen April Okaye Free State Province Representative

Environmental NGO's Birdlife South Africa Mr Simon Gear Policy & (BLSA) Advocacy Manager

Environmental NGO's Earthlife Africa Ms Judith Taylor Branch Coordinator

Environmental NGO's WESSA and Birdlife Africa Mr John Wessen Free State Province Representative

Environmental NGO's World Wildlife Fund SA Ms Ziyanda Mfanta (WWF)

Environmental Mpumalanga Tourism and Mr Frans Krige Scientifc Associations Parks Agency (MTPA) services

Environmental Mpumalanga Tourism and Ms Komilla Narasoo Data Register: Associations Parks Agency (MTPA) At head office Nelspruit

Water Water Research Dr Schafic Adams Bodies/Organisations Commission

Water Water Research Mr Jay Bhagwan Executive Bodies/Organisations Commission Manager: Water Use and Waste Management

Public Places Nkangala District Ms Maledimo Mashabela Municipality Library

Public Places Ogies Public Library Ms Regina Ngoma

Public Places Emalahleni Public Library Mr Kenneth Manakane

Public Places Kriel Public Library Ms Phindile Soko

Farmers Association Mpumalanga District Mr Danie Du Plessis Farmers Association

Farmers Association Witbank Farmers Mr Gert Smith Chairperson Association Local Newspaper Witbank News Ms Amanda Botha Editor

TASK 1/B – LAND CLAIMS ENQUIRY

Date: 14/09/2020

Mpumalanga Department of Rural Development and Land Reform (DRDLR) Office of the Regional Land Claims Commissioner Cnr Henshall and Brander Street, 3rd Floor Home Affairs Nelspruit 1200 Attention: Mr Sam Nkosi Email: [email protected]

ENVIRONMENTAL AUTHORISATION PROCESS FOR THE PROPOSED D432 NORTHERN BYPASS ROAD RE-ALIGNMENT IN MPUMALANGA PROVINCE

1 INTRODUCTION 1.1 PROJECT BACKGROUND South32 SA Coal Holdings (Pty) Ltd is the holder of the approved Mining Right for Klipspruit Colliery and its extension (Ref No. MP 30/5/1/2/2/125 MR). South32 is extending the Life of Mine (LoM) of its operation by mining two opencast pits, Pit BD and Proposed Pit H. South32 is proposing to relocate section of the D432 Road to allow mining activities to continue away from the public road. The proposed road falls outside the mining right boundary hence the application submission to Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (MDARDLEA).

The road section that will be de-proclaimed is 7 km for which a new gravel road with a 30m wide servitude will be constructed. The re-alignment is required to ensure that the road falls outside the mining and box cut area of the proposed Pit H. The gravel road will have a standard width of 10.6 m (a single lane of 3.5 m in each direction with the gravel shoulder surface extending 1.8 m at the road edge).

Ecological Fields Environmental Consultancy (Ecological Fields) has been appointed by South32 SA Coal Holdings (Pty) Limited (South32), to undertake the Environmental Authorisation (EA) process required in terms of the National Environmental Management Act (107) of 1998 (NEMA) as amended with Environmental Impact Assessment (EIA) Regulations, 2014. The proposal is to realign Road D432 to allow continuation of mining activities within Klipspruit Extension Area. The road will be realigned to link up with Regional Road R545 to the west, with the section of Road D432 which links up with Road R555 to the south, to be de-proclaimed. For ease of reference, the term realignment will include the closure of Road D432 to the south. 2.1 LAND CLAIMS ENQUIRY Ecological Fields would like to enquire if there are any land claims lodged against the farm Hartebeestlaagte 325 JS, farm portions: 4 & 39. Your response regarding this enquiry will be greatly appreciated.

Should you have any comments/queries please contact Ecological Fields: Contact person: Mrs. Bridget Seroka; Tel: 082 782 1378 or (013) 243 1939; Email : [email protected]; Postal Address: P O Box 2003, Middelburg, 1050; Fax: 086 608 0513.

Yours sincerely Bridget Seroka

TASK 2/B – PUBLIC PARTICIPATION PROCESS PLAN

Proposed Haul Road Upgrade Across the Surface of the SAEC Ifalethu Mining Area in Middelburg Public Participation Plan August 2020

ENVIRONMENTAL AUTHORISATION PROCESS FOR THE PROPOSED HAUL ROAD UPGRADE ACROSS THE SURFACE OF THE SAEC IFALETHU MINING AREA IN MIDDELBURG, MPUMALANGA PROVINCE

PUBLIC PARTICIPATION PLAN

JULY 2020

Introduction

South32 SA Coal Holdings (Pty) Ltd is the holder of the approved Mining Right for Klipspruit Colliery and its extension (Ref No. MP 30/5/1/2/2/125 MR). South32 is extending the Life of Mine (LoM) of its operation by mining two opencast pits, Pit BD and Proposed Pit H. South32 is proposing to relocate section of the D432 Road to allow mining activities to continue away from the public road. The proposed road falls outside the mining right boundary hence the application submission to Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (MDARDLEA).

The application proposal is to re-align part of the Road D432 on Portion 4 and 39 of the Farm Hartebeestlaagte 325 JS. The town Clewer is located 8.2 km North East of the proposed re-alignment and Ogies 10km away. The road will be realigned to link up with Regional Road R545 to the west, with the section of Road D432 which links up with Road R555 to the south.

The Public Participation Process (PPP) offers stakeholders a fair opportunity to be informed about the Proposed Project, to raise issues of concern and to make suggestions for enhanced project benefits. This PPP is being undertaken to ensure compliance with the environmental Authorisation and the integrated Water use Licence Application (IWULA) process.

Legislative Framework

On 5 June 2020 the Minister of Forestry, Fisheries and the Environment (the Minister) published Directions in terms of Regulation 4(10) of the Regulations issued by the Minister of Cooperative

Proposed Haul Road Upgrade Across the Surface of the SAEC Ifalethu Mining Area in Middelburg Public Participation Plan August 2020

Governance and Traditional Affairs (Minister of COGTA) in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) as published on 29 April 2020 in Government Notice No. R. 480 (the Directions).

The purpose of these Directions 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.

In accordance with Annexure 3 of the Directions, the applicant through services provided by an Independent Environmental Assessment, is required to prepare a written public participation plan, containing proposals on how the identification of and consultation with all potential I&APs will be ensured in accordance with regulation 41(2)(a) to (d) of the EIA Regulations or proposed alternative reasonable methods as provided for in regulation 41(2)(e) of the EIA Regulations. The PP plan must be submitted to the competent authority and obtain agreement from the relevant competent authority.

Purpose of this Document

The primary objective of this document is to ensure that consistent, comprehensive, coordinated and culturally appropriate public participation process approach is taken in relation to the mandatory restrictions and social distancing measures associated with COVID-19.

This PP plan serves to:

• Outline the approach to be adopted for the public participation process and demonstrate how this will be integrated into the environmental regulatory process, the Basic Assessment process;

• Identify stakeholders and take their needs into consideration in the implementation of the public participation process;

• Demonstrate mechanisms through which these stakeholders will be included in the process;

• Serves to document the engagement process.

Proposed Haul Road Upgrade Across the Surface of the SAEC Ifalethu Mining Area in Middelburg Public Participation Plan August 2020

Stakeholder Engagement Approach

Table 1: Approach to the PPP

Activity Details Stakeholder identification Identify individuals/ organisations that might be affected by the proposed project or those who might have an interest in the project.

Obtain initial comments and record in the Comments and Responses Report (CRR)

Availability of the Draft Basic The draft BAR and EMPr will be made available for public Assessment Report (BAR) and the review and comment for a period of 30 days. Environmental Management Programme Obtain comments from stakeholders and provide (EMPr) for public review and comment adequate responses to stakeholders’ comments/concerns. All comments received will be recorded in the CRR.

The draft BAR and EMPr will be made available for public review and comment.

Commenting authorities will be sent a copy of the reports for their review and comments.

Submission of the Final BAR and EMPr to The BAR and EMPr will be updated accordingly with stakeholder comments. The updated report will be

Proposed Haul Road Upgrade Across the Surface of the SAEC Ifalethu Mining Area in Middelburg Public Participation Plan August 2020

the relevant Competent Authority. submitted to the Competent Authority for evaluation and decision making.

To ensure that meaningful stakeholder engagement is conducted, a range of stakeholder engagement methods have been considered.The following aspects have been taken into consideration as part of the Public Participation plan for the proposed project:

• Literacy and Language: Project information will be communicated in such a way that stakeholders clearly understand the project, potential impacts, mitigation measures and how they can become involved in the project. Local languages will be observed. Literacy levels will be taken into consideration when engaging with stakeholders; • Connectivity: limited mobile phone usage and internet connectivity can make electronic communication more challenging in some contexts. Stakeholders with no access to internet will be provided with cd copies of the reports and simplified summary of the overall project will be printed and distributed; • Government restrictions on social distancing and gatherings: Covid-19-related restrictions on public assembly have an influence on the number of people allowed to convene a meeting, as such, only online engagement platforms such as Zoom, Microsoft Teams and Skype will be used for stakeholder meetings; • Vulnerable people: vulnerable project stakeholders may be harder to reach using non- traditional engagement methods such as Zoom, Microsoft Teams and Skype. Accordingly, attention will be paid to ensuring that an engagement strategy deploys approaches that specifically target these groups. Engagement with vulnerable groups will comprise of telephone discussions, engagement with community leaders or elected community representatives to disseminate project information and encourage involvement of vulnerable groups;

Proposed Haul Road Upgrade Across the Surface of the SAEC Ifalethu Mining Area in Middelburg Public Participation Plan August 2020

• Anonymity and risks of reprisal: It is noted that the transparency of online engagement platforms can increase the risk of reprisals, as such, a wide range of engagement channels will be made available for stakeholders to raise questions, concerns or complaints and have these addressed appropriately, securely and/or anonymously.

Table 2: Proposed methods of engagement with stakeholders

Proposed Description Engagement content method

Background A Background Information • Overall project description; Information Document will be compiled and • Project locality; Document distributed in the following • Applicable listed activities; manner: • The draft BAR and EMPr and Public Participation Processes to be • By email; followed; • Hand delivered through • Availability of the draft BAR and the assistance of EMPr for public review and community leaders; comment; • Mailed, this will be done • How stakeholders can register as upon request. Interested and Affected Parties (I&APs) • How stakeholders can access the reports and available engagement opportunities; • Contact details of the EAP

Publish A newspaper advertisement will • Overall project description; newspaper be published in a local newspaper • Project locality; advertisement and translated to one local • Availability of the draft BAR and language EMPr for public review and comment; • How stakeholders can register as Interested and Affected Parties (I&APs) • How stakeholders can access the reports and available engagement opportunities

Proposed Description Engagement content method

• Contact details of the EAP

Posters/Site Site notices will be placed in public • Overall project description; notices places near the project site, • Project locality; Municipal offices, local clinic etc • Applicable listed activities; • Availability of the draft BAR and EMPr for public review and comment; • How stakeholders can register as Interested and Affected Parties (I&APs) • How stakeholders can access the report and available engagement opportunities • Contact details of the EAP

Text based Text based messaging will be used • Brief project information; messaging mostly to communicate with • Invitation to register as an I&AP stakeholders which do not have and preferred method of access to emails or internet engagement; connection. This method will used • How stakeholders can access the also to notify stakeholders about reports and available engagement project progress/update and opportunities milestones. • Project progress including authority’s decision Email campaigns On-going emails will be sent to • Overall project description; stakeholders to notify them about • Project locality; the project progress/milestones. • Availability of the draft BAR and

Proposed Description Engagement content method

EMPr for public review and comment; • How stakeholders can register as Interested and Affected Parties (I&APs) • How stakeholders can access the reports and available engagement opportunities • Contact details of the EAP • Time frames • Project progress including authority’s decision

Engagement This method will be used as a • Overall project description; through vehicle to share project • Project locality; community representatives information with the broader • Availability of the draft BAR and community, vulnerable groups, EMPr for public review and stakeholders with no access to comment; internet connection. • How stakeholders can register as Interested and Affected Parties (I&APs) • How stakeholders can access the reports and available engagement opportunities • Contact details of the EAP • Time frames • Project progress including authority’s decision Online Zoom, Skype, Microsoft teams etc Structured presentations about the overall engagements project description, potential impacts,

Proposed Description Engagement content method

mitigation measures, available engagement methods.

Websites Zero data portal Soft copies (electronic copies) of project related information (BIDs, draft and final reports, notices etc.) will be uploaded on the EAPs website. Through this option, stakeholders can easily access project information from their smart phones, and other devices without paying for the data charges, these charges will be incurred by the applicant.

Conclusion

Based on this Public Participation Plan, Ecological Fields (Pty) Ltd is of the opinion that:

• All reasonable measures will be taken to inform identified I&APs of the availability of the Draft BAR and EMPr for evaluation purposes; • Information containing all relevant facts in respect of the application or proposed application will be made available to potential I&APs; and • Participation by potential or registered I&APs will be 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.

Comments and queries can be addressed to:

Company: Ecological Fields Environmental Consulting (Pty) Ltd

Contact person: Mrs. Bridget Seroka

Address: P O Box 2003, Middelburg, 1050

Tel: 082 782 1378 or (013) 243 1939

Fax: 086 608 0513

Email : [email protected]

TASK 2/C - ANNOUNCEMENT PHASE: SITE NOTICES

Site Notice Photograph Coordinates

S E

Notice 1

25°57'15.8"S 29°03'09.7"E

Notice 2

25°58'04.4"S 29°01'25.3"E

Notice 3

25°58'04.4"S 29°01'25.3"S

Notice 4

26°00'41.0"S 29°02'03.1"E

Notice 5

25°58'22.3"S 29°01'26.0"E

Notice 6

26°03'00.2"S 29°03'21.2"E

SITE NOTICE:

ENVIRONMENTAL AUTHORISATION PROCESS FOR THE PROPOSED D432 NORTHERN BYPASS ROAD RE-ALIGNMENT IN MPUMALANGA PROVINCE

INVITATION TO REGISTER AND PARTICIPATE AS INTERESTED AND AFFECTED PARTY

Notice is hereby given in terms of Chapter 6 of Government Notice (GN) No. R.326 in Government Gazette No. 40772 (7 April 2017) of the National Environmental Management Act (NEMA), 1998 (Act No.107 of 1998) as amended, that South32 SA Coal Holdings (Pty) Ltd is proposing to relocate section of the D432 Road to allow mining to continue. The road is located approximately 40 km west of Witbank in Mpumalanga Province. A section of the D432 gravel road needs to be re-aligned to the west of the existing alignment for an approximate distance of 2700 metres. The proposed development requires an Environmental Authorisation in terms of the NEMA and Environmental Impact Assessment (EIA) Regulations 2014 as amended.

Applicant: South32 SA Coal Holdings (Pty) Ltd Location: Portion 4 and Portion 39 Farm Haartebeeslagte 325 JS

PUBLIC REVIEW OF THE DRAFT BASIC ASSESSMENT REPORT The Draft Basic Assessment Report (DBAR) for the abovementioned project will be made available for public review from 19 October to 17 November 2020. The full report is available for download from Ecological Fields website (www.ecologicalfields.co.za) and public library.

Draft Basic Assessment Report will be found in the following public library:

Public library name: Ogies Public Library Physical Address: 105 R555 Ogies 2230 Tel: 013 643 1027 Fax: 013 643 2039 Email: [email protected]

Invitation to Register and Participate As part of the process, the public must be notified of the application and be provided with an opportunity to raise concerns on the Draft Basic Assessment Report. Interested and/or affected parties (I&APs) who wish to participate on the project, or who would like to obtain more information and/or have comments on the Draft BAR (Basic Assessment Report), please contact the Environmental Assessment Practitioner on the Details Below:

Ecological Fields Environmental Consultancy (Pty) Ltd Attention: Mrs. Bridget Seroka By Post: P.O Box 2003, Middelburg, 1050 Tel: 082 782 1378 or (013) 243 1939

Email: [email protected]

COVID-19

Ecological Fields Environmental Consultancy will ensure that consistent, comprehensive, coordinated and culturally appropriate public participation process approach is undertaken in relation with the Disaster Management Act accompanied by mandatory restrictions and social distancing measures as per the COVID-19 Rules.

TASK 2/D - ANNOUNCEMENT PHASE: NEWSPAPER ADVERTISEMENTS

TASK 3/A – CONSULTATION WITH I&APS PHASE: PROOF OF CONSULTATION WITH INTERESTED & AFFECTED PARTIES

An email notifying the I&APs of the proposed project, Draft BAR/ EMPr review, the public participation process and how to comment, and the proposed open day information, was sent to all identified I&APs.

TASK 3/B – CONSULTATION WITH I&APS PHASE: PUBLIC PARTICIPATION MEETING

Stakeholders are invited to participate through on-line engagements such as Skype and Microsoft Teams and Telephonic discussions. On-line engagement activities will be available during the public review period upon request. The purpose of the on-line engagement activities is to discuss the contents of the Draft BAR/ EMPr and provide stakeholders with an opportunity to raise issues of concern/comments and seek clarity.

TASK 4/A – IDENTIFICATION AND RECORDING OF ISSUES: NOTIFICATION OF DOCUMENTATION AVAILABILITY

The Draft Basic Assessment Report and the EMPr will be made available for public review and comment from 19 October 2020 to 17 November 2020 (30 days public review period) at the following locations:

Location Contact person

Ecological Fields website: Mrs Bridget Seroka http://www.ecologicalfields.co.za/downloads/#Klipspr uit_Colliery 082 782 1378

Placement of the Reports at the Ogies Public Library 105 R555, Ogies.

TASK 2/A - ANNOUNCEMENT PHASE: BID AND NOTIFICATION LETTERS – BACKGROUND INFORMATION DOCUMENTS SENT

A Background Information Document (BID) was compiled and sent to interested and affected Parties (I&Aps) in accordance with Regulation 41(2)(b) and (3) of the Environmental Impact Assessment Regulations Published under Government Notice R982 in Government Gazette 38282 of 4 December 2014 (as amended).

TASK 4/B – IDENTIFICATION AND RECORDING OF ISSUES: SUMMARY OF ISSUES RAISED BY I&AP’S

At the end of the announcement phase and during the public review for the draft report, all comments/input from stakeholders and I&AP’s, will be captured in the Comments and Response Report (CRR) which will form part of the final BAR/EMPr. The CRR will include responses from members of the project team and/or the project proponent.

Issues and concerns raised by I&AP’s will be integrated into the Comments and Responses Report and they will be recorded and reflected in the Final Reports.

Interested and affected parties registered by completing registration forms and forwarding comments by email and/or telephone. The I&APs comments will be captured on the CRR, acknowledged and forwarded to the relevant specialists for their consideration. A final BAR will be compiled inclusive of public participation information. The Final BAR will be submitted to competent authority for decision making. Notification of the decision by the competent authority will be communicated to all I&AP’s.

TASK 5 – MDARDLEA CORRESPONDENCE

TASK 2/A - ANNOUNCEMENT PHASE: BID AND NOTIFICATION LETTERS – BACKGROUND INFORMATION DOCUMENTS SENT

Ecological Fields Environmental Consultancy 13 Mandela Drive Middelburg P O Box 2003 Middelburg 1050 Mpumalanga, South Africa T: +27 (0) 13 243 1939 F: +27 (0) 86 608 0513 E: [email protected] www.ecologicafields.co.za Date: 08/10/2020

Ref: 1/3/1/16/1N-247

ENVIRONMENTAL AUTHORISATION PROCESS FOR THE PROPOSED D432 NORTHERN BYPASS ROAD RE-ALIGNMENT IN MPUMALANGA PROVINCE

Dear Stakeholder

Notice is hereby given in terms of Chapter 6 of Government Notice (GN) No. R.326 in Government Gazette No. 40772 (7 April 2017) of the National Environmental Management Act (NEMA), 1998 (Act No.107 of 1998) as amended, that South32 SA Coal Holdings (Pty) Ltd is proposing to relocate section of the D432 Road to allow mining to continue. The road is located approximately 40 km west of Witbank in Mpumalanga Province. A section of the D432 gravel road needs to be re-aligned to the west of the existing alignment for an approximate distance of 2.7km. The proposed development requires an Environmental Authorisation in terms of the NEMA and Environmental Impact Assessment (EIA) Regulations 2014 as amended.

The Applicant: South32 SA Coal Holdings (Pty) LtdLocation of the Activity: Portion 4 and Portion 39 Farm Haartebeeslagte 325 JS

As part of the process the public must be notified of the application and be provided with an opportunity to raise concerns. Interested and/or affected parties (I&APs) who wish to participate on the project, or who would like to obtain more information and/or have comments on the Draft BAR (Basic Assessment Report) and EMPr (Environmental Management Programme) please contact the Environmental Assessment Practitioner on the Details Below:

Company: Ecological Fields Environmental Consultancy (Pty) Ltd Contact Person: Mrs. Bridget Seroka Tel: 082 782 1378 or (013) 243 1939 Email: [email protected] Postal Address: P O Box 2003, Middelburg, 1050

Yours Sincerely Bridget Seroka

Project Manager/Environmental Assessment Practitioner

ENVIRONMENTAL AUTHORISATION PROCESS FOR THE PROPOSED D432 NORTHERN BYPASS ROAD RE-ALIGNMENT IN MPUMALANGA PROVINCE BACKGROUND INFORMATION DOCUMENT

Purpose of this Document ▪ Traffic management during construction.

This Background Information Document (BID) introduces all stakeholders to the Environmental Authorisation application The road section that will be de-proclaimed is approximately process for the D432 northern bypass road re-alignment in 3,4 km for which a new gravel road with a 30m wide Mpumalanga. The road is located on Portion 4 and Portion 39 servitude will be constructed. The re-alignment is required to Farm Haartebeeslagte 325 JS, approximately 40 km west of ensure that the road falls outside the mining and box cut area Witbank. The BID provides a description of the project, the of the proposed Pit H. The gravel road will have a standard environmental authorisation process to be followed, the role width of 10.6 m (a single lane of 3.5 m in each direction with of stakeholders in the process and details for registration as a the gravel shoulder surface extending 1.8 m at the stakeholder. road edge). Overview of Project Legal framework South32 SA Coal Holdings (Pty) Limited (referred to as The National Environmental Management Act, 1998 (Act South32) intends extending the Life of Mine (LoM) of its No.107 of 1998) as amended (NEMA) is the framework operation by mining opencast pit, Pit BD and to include Pit H legislation that provides the basis for the relocation of public once authorised. South32 is therefore proposing to relocate roads in South Africa. Subsequent to a thorough legal review, a section of the D432 Road to allow mining activities to it has been identified that the road related activities to be continue away from the public road. undertaken on behalf of South32 South Africa Coal Holdings (Pty) Limited are listed activities in terms NEMA and EIA The project is located to the East and North of the town of Regulations 2014 as amended, and an Environmental Ogies, as well as North of Phola settlement in Mpumalanga Authorisation is required. Province. The N12 National road transects the southern GN: R.327, Listing Notice 1, (08 April 2017) NEMA portion of the project site. The Northern Bypass road in its entirety is 7.2km in length. A section of the D432 provincial Activity 56: The widening of a road by more than 6 metres, gravel road will be re-aligned to the west of the existing or the lengthening of a road by more than 1 kilometre—(i) alignment for an approximate distance of 2700 metres. The where the existing reserve is wider than 13,5 meters. following work activities will be undertaken: South32 South Africa Coal Holdings (Pty) Limited will be the ▪ Site clearing; applicant and submit an Environmental Authorisation ▪ Cut and/ or fill as necessary to build these additional application to the Department of Mineral Resource for lanes and shoulders; proposed haul road. ▪ Place new and or replace where necessary any traffic In order to meet the requirements of the NEMA, a Basic signs; Assessment Report (BAR) will be compiled. The BAR will be ▪ Remove and Install prefabricated kerb as per carried out in accordance with the NEMA Environmental drawing; Impact Assessment (EIA) Regulations. ▪ Demolition and removal of the existing concrete Purpose of Basic Assessment Process headwalls and culverts; ▪ Install new drainage culverts (including pipe and ▪ Identify potential environmental impacts associated portal culvert bedding and backfill; with the road re-alignment process of the 2700 ▪ Construction of the culvert headwalls for reinforced metres of the D432northern bypass road; concrete pipe and Precast Portal Culvert as per ▪ To identify feasible and reasonable process, drawing; and technology and design/layout alternatives;

BACKGROUND INFORMATION DOCUMENT

▪ Propose measures that avert or minimise environmental risk, or enhance positive aspects associated with the realignment process of D432 northern bypass road; ▪ Public participation is a legal requirement in terms of the EIA regulations, the BAR process aims to provide transparency by involving the public, authorities and interested organisations; and ▪ To provide the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs with sufficient information to grant an Environmental Authorisation to the Who is a stakeholder? applicant. Any person, group of persons or organisation interested and/or affected by the proposed development. Stakeholder engagement process

The purpose of stakeholder engagement is to consult with Register your interest by completing the Registration and interested and affected parties in the public and private Comments Form attached to this document and send it to sectors to inform the decision-making process. The process Ecological Fields Environmental Consultancy (Pty) Ltd. aims to develop and maintain open channels of communication between the project team and stakeholders. . What does the Public Participation Process consist of? As part of the process stakeholders are notified of and are invited to register as Interested and Affected Parties, they are Notification of Project also invited to participate in the environmental authorisation The first step is to notify the public through the following mediums: process by commenting on the project, asking questions and raising issues/concerns that will be included in the project ▪ Newspaper advertisements; documents. In addition to this document, at various stages of ▪ Site notice boards; the environmental authorisation process, information and ▪ Meetings; reports will be made available for registered stakeholders to ▪ Written, direct notification letters to surrounding landowners comment on. The EAP will document the views and concerns and municipal ward councillors; and of stakeholders, and make the project team and relevant ▪ Distribution of the BID to surrounding landowners and authority aware of issues that need to be considered during registered stakeholders. the compilation and evaluation of the potential risks and Stak eholder Comments and Document Review impacts associated with the construction plus operation of relocating D432 northern bypass road. All comments received in response to the project will be recorded so that they can be addressed in an Issues Comments and

Response Report. EAP Details

Once the Draft Basic Assessment Report has been completed, it

Consultant: Mrs. Bridget Seroka will be made available for public review for 30 days. Ecological

Fields Environmental Consultancy (Pty) Ltd will notify all registered Company : Ecological Fields Environmental Consultancy (Pty) Ltd stakeholders of the location of the documents for review and date Website : www.ecologicalfields.co.za of the public review period for the Basic Assessment Report.

Address : P O Box 2003, Middelburg, 1050 Decision Tel : 082 782 1378 or (013) 243 1939 Fax : 086 608 0513 Once the CA has reviewed the Basic Assessment Report and have Email : [email protected] made a decision. All Registered I&APs will be notified of decision.

COVID-19 Ecological Fields Environmental Consultancy will ensure that consistent,56 comprehensive, coordinated and culturally appropriate public participation process approach is taken in relation with the Disaster Management Act accompanied by mandatory restrictions and social distancing measures associated with COVID-19.

Figure 1: Locality Map

BACKGROUND INFORMATION DOCUMENT

Figure 2: Basic Assessment Process

BACKGROUND INFORMATION DOCUMENT

Interested and/or affected parties (I&APs) who wish to participate on the project, or who would like to obtain more information and/or have comments, please send back this form to the below details:

Company: Ecological Fields Environmental Consultancy Contact Person: Mrs. Bridget Seroka Tel: 082 782 1378 or (013) 243 1939 Email: [email protected] Postal Address: P O Box 2003, Middelburg, 1050

REGISTRATION FORM

ENVIRONMENTAL AUTHORISATION PROCESS FOR THE PROPOSED D432 NORTHERN BYPASS ROAD RE- ALIGNMENT IN MPUMALANGA PROVINCE.

INVITATION TO REGISTER AS INTERESTED AND AFFECTED PARTY

NAME

ORGANISATION

TEL NUMBER

FAX NUMBER

EMAIL ADDRESS

DATE

COMMENTS:

BACKGROUND INFORMATION DOCUMENT