MARCH 2020 REPORT NUMBER: APP - 001111
DRAFT ENVIRONMENTAL MANAGEMENT PLAN:
FOR THE AMENDMENTS OF THE CADASTRAL BOUNDARIES AND THE CLOSURE OF A PORTION OF PUBLIC OPEN SPACE, AT OMPUMBU, EXT 1
PROPONENT: CONSULTANT:
OSHAKATI TOWN COUNCIL URBAN DYNAMICS AFRICA P O BOX 5530 P O BOX 20837 OSHAKATI WINDHOEK NAMIBIA NAMIBIA
SUBMISSION: Reference: 1180 Enquiries: Heidri Bindemann-Nel MINISTRY OF ENVIRONMENT AND TOURISM
PRIVATE BAG 13306 TEL: +264-61-240300 WINDHOEK FAX: +264-61-240309 NAMIBIA
APP-001111- FOR THE AMENDMENTS OF THE CADASTRAL BOUNDARIES AND THE CLOSURE OF A PUBLIC OPEN SPACE AT, OMPUMBU, EXT 1– MAY 2020
PROPONENT:
OSHAKATI TOWN COUNCIL P O BOX 5530 OSHAKATI NAMIBIA
DEVELOPMENT ROLE-PLAYERS:
ROADS AUTHORITY PRIVATE BAG 12030 AUSSPANNPLATZ WINDHOEK NAMIBIA
CONSULTING ENGINEERS:
BURMEISTER AND PARTNERS (PTY) LTD P O BOX 15343 OSHAKATI NAMIBIA
PREPARED BY:
URBAN DYNAMICS AFRICA (PTY) LTD P O BOX 20837 WINDHOEK NAMIBIA
PREPARED BY URBAN DYNAMICS AFRICA (PTY) LTD. ii
APP-001111- FOR THE AMENDMENTS OF THE CADASTRAL BOUNDARIES AND THE CLOSURE OF A PUBLIC OPEN SPACE AT, OMPUMBU, EXT 1– MAY 2020
GENERAL LOCATION DESCRIPTION OF THE DEVELOPMENT AREA:
DESCRIPTOR: LOCATION SPECIFICS:
NATURE OF ACTIVITIES: Amendment of Conditions of Establishment.
Section 5.1 (d), of the Environmental Management Act (Act 7 of 2007) for the rezoning of land from use for nature conservation or zoned open space to any other land use.
REGISTRATION DIVISION: B
REGION: Oshana Region
LOCAL AUTHORITY: Oshakati Town Council
FALL WITHIN: Oshakati Townlands
NEAREST TOWNS / CITY: Oshakati
LAND USE: Road, Civic and Public Open Space
HOMESTEADS/STRUCTURES: No
HISTORICAL RESOURCE LISTINGS: No
CEMETERY: No
ENVIRONMENTAL SIGNIFICANT AREA: Within a Watercourse Flood Line
LATITUDE & LONGITUDE:
LATITUDE: -17.752795
LONGITUDE: 15.684785
ERF 196, OMPUMBU EXT 1
SIZE IN SQM: 19 545.44
ERF 308, OMPUMBU EXT 1
SIZE IN SQM: 25 717.21
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APP-001111- FOR THE AMENDMENTS OF THE CADASTRAL BOUNDARIES AND THE CLOSURE OF A PUBLIC OPEN SPACE AT, OMPUMBU, EXT 1– MAY 2020
TABLE OF CONTENTS
1 INTRODUCTION ...... 1
2 RESPONSIBILITIES ...... 3
2.1 Key role players ...... 3
3 RELEVANT LEGISLATION AND PERMIT REQUIREMENTS ...... 4
4 OPERATIONAL MITIGATION DETAIL ...... 5
6 MITIGATION DETAILS ...... 6
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APP-001111- FOR THE AMENDMENTS OF THE CADASTRAL BOUNDARIES AND THE CLOSURE OF A PUBLIC OPEN SPACE AT, OMPUMBU, EXT 1– MAY 2020
FIGURES
FIGURE 1: THE LOCALITY WITHIN THE AREA ...... 1 FIGURE 2: THE SITE ...... 1
LIST OF TABLES
TABLE 1: PROJECT PHASES ...... 3 TABLE 2: RELEVANT LEGISLATED PERMIT REQUIREMENTS ...... 4 TABLE 3: GENERIC AND SITE-SPECIFIC ENVIRONMENTAL MANAGEMENT ACTIONS ...... 5 TABLE 4: GENERIC AND SITE-SPECIFIC MANAGEMENT ACTIONS ...... 6
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APP-001111- FOR THE AMENDMENTS OF THE CADASTRAL BOUNDARIES AND THE CLOSURE OF A PUBLIC OPEN SPACE AT, OMPUMBU, EXT 1– MAY 2020
1 INTRODUCTION
Roads Authority appointed our client to construct the road north of Oshakati that travels in an east-west direction. This can be observed from the Google Image below. The road was linked to the DR3609 district road that is situated west of Ompumbu Extension 1. However, this road cut through two erven in Extension 1.
Figure 1: The Locality within the Area
C45
OKATANA
DR 3609 C45
OMPUMBU EXT 1
ONGWEDIVA
OSHAKATI
LEGEND:
NEW CONSTRUCTED ROAD
NEW ROAD AREA
LOCALITY OF THE SITE
In order to rectify the cadastral boundaries to accommodate the road, Erven 198 and 308, Ompumbu Extension 1 needs to be subdivided, and a portion of public open space on Erf 308 needs to be closed to accommodate the new road.
Figure 2: The Site PTN. C
PTN. A
TN PTN. B P . D
RE/198 RE/308
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For the purpose of obtaining approval from the Ministry of Environment and Tourism, an Environmental Scoping Report needs to be compiled, which includes an Environmental Management Plan (EMP) for the NOT TO SCALE project.
An EMP is an essential product of an Environmental Assessment (EA) process. An EMP synthesises all
REMAINDER OF THE FARM OKAHAO TOWNLANDS NO. 1213 recommended mitigation and monitoring measures laid out according to the various stages of a project life cycle, with clearly defined follow-up actions and responsibility assigned to specific actors. This EMP has been drafted in accordance with the Namibian Environmental Management Act (No. 7 of 2007) and it’s Environmental Impact Assessment Regulations (2012). This plan describes the mitigation and monitoring measures to be implemented during the following phases of the development:
Planning Phase
Operational Phase
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Table 1: Project Phases
•PLANNING PHASE: •The amendment of the cadastral boundaries; •Closure of a public open space; •Identify potential risk; and
PHASE 1 •Compiling the EMP. STAKEHOLDERS INTERACTION,
MONITORING AND EVALUATION •OPERATIONAL PHASE:
•Implementation of the EMP, and •People living and working within the area. PHASE 2
2 RESPONSIBILITIES
Implementation of the EMP is ultimately the responsibility of the Oshakati Town Council, the administrator of the Public Open Space. Due to the magnitude of the project, it may be necessary to outsource certain functions pertaining to managing all aspects of the actual operational process. When implementing the EMP, the following roles and responsibilities apply.
2.1 Key role players
Each role player’s responsibilities are described below.
Oshakati Town Council
The Town Council is ultimately accountable for ensuring compliance with the EMP and conditions contained in the EMP.
Town and Regional Planners
The Oshakati Town Council, the owner of Erven 198 and 308, Ompumbu Extension 1 appointed Urban Dynamics Africa to carry out the statutory procedures necessary to subdivide Erf 308 into portions C, D and remainder, simultaneously closing the Public Open Space on the proposed portion D, to accommodate the new road. Urban Dynamics will be responsible for the public participation process and the applications to Oshakati Town Council and Townships Board.
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3 RELEVANT LEGISLATION AND PERMIT REQUIREMENTS
Table 2: Relevant Legislated Permit Requirements
THEME LEGISLATION INSTRUMENT MANAGEMENT REQUIREMENTS
NATIONAL: The Constitution of the Republic of Namibia, 1990 “The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following:
(l) management of ecosystems, essential ecological processes and biological diversity of Namibia and utilisation of living natural resources on a sustainable basis for the benefit of all
ENVIRONMENTAL: Environmental Management Act 7 of 2007, 5.1(a) Adhere to the land use and development activities: EIA Regulations (EIAR) GN 57/2007 (GG 3812) Section 5.1 (d), of the Environmental Management Act (Act 7 of 2007) for the rezoning of land from use for nature conservation or zoned open space to any other land use.
The amendment, transfer or renewal of the environmental Clearance Certificate (EIAR s19 & 20).
CLOSURE PUBLIC Town Planning Ordinance Ord. 18 of 1954 as Adhere to all applicable provisions of the amended. Oshakati Town Planning Scheme regarding the OPEN SPACE/ subdivision of land, and closer of public open SUBDIVISION OF space and rezoning.
LAND:
LABOUR: Labour Act. 11 of 2007: Ensure the protection of workers’ rights and safety in Namibia. This bill aims to protect workers and their
environment which they work in.
NORTHERN REGION. Northern Region. Flood Risk Management Plan: Flood Asses to what extent the proposed intervention Risk Management Plan of 2011 complies with the provision of the plan. FLOOD RISK
MANAGEMENT PLAN: The Management Plan provides control measures for future planning within the northern regions.
FORESTRY: Forest Act. 12 of 2001 Ensure that existing trees are protected.
Protected tree species and any vegetation within
100m from a watercourse may not be removed without a permit from the Ministry of Agriculture, Water and Forestry.
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4 OPERATIONAL MITIGATION DETAIL
Table 3 provides a scaled overview of all the major environmental management themes pertaining to both generic and site-specific operational mitigation detail. This table serves to act as a quick reference, for the detailed mitigation that follows each theme subsequently. This is done to simplify the implementation of the operational component of this EMP.
Table 3: Generic and site-specific Environmental Management Actions
THEME OBJECTIVE MITIGATION DETAIL
GENERIC SITE-SPECIFIC
IMPACT ON THE Minimise and avoid the removal of PLAN YES OMPUMBU the Ompumbu community through COMPONENT 1 RESIDENTS: the planning process.
SOLID WASTE Minimise and avoid all waste PLAN YES MANAGEMENT: pollution within the Public Open COMPONENT 2 Space and nearby Oshana.
EMPLOYMENT Ensure the protection of workers’ PLAN YES /RECRUITMENT rights and safety in Oshakati. COMPONENT 3
ROAD SAFETY: Minimise and avoid traffic impacts. PLAN YES COMPONENT 4
ENVIRONMENTAL Minimise and avoid environmental PLAN YES IMPACTS: impacts during road maintenance. COMPONENT 5
STAKEHOLDER Provide a platform for stakeholders PLAN YES to raise grievances and receive COMPONENT 6 COMMUNICATION: feedback, hence minimising conflict.
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6 MITIGATION DETAILS
Table 4 provides an overview of all the major environmental management themes pertaining to both generic and site-specific for the amendments of the cadastral boundaries mitigation details. This table serves to act as a reference for the detailed mitigation that follows subsequently for each theme. This is done to simplify the implementation of the rezoning component of this Draft Management Plan (DMP).
Table 4: Generic and Site-specific Management Actions
THEME OBJECTIVE MITIGATION DETAIL METHOD OF MONITORING RESPONSIBILITY CONTROL ACTION Potential Impact Proposed Mitigation
PLANNING PHASE 1 – Avoid the removal of A potential short term During the planning phase, The local community, Roads Authority and Burmeister and Partners, community members, impact of the new road the new MR 120 was the Roads Authority MET approved the the Roads Authority, IMPACT ON THE homesteads and will be the removal of realigned through and the Oshakati construction of the Oshakati Town Council, OMPUMBU structures as a result people, homesteads Erven 198 and 308, Town Council, should new MR 120. Du Toit Planning & the RESIDENTS: of the new road. and structures within Ompumbu, Extension 1, review the submitted Ompumbu community. the Ompumbu which does not construction plans community. accommodate existing and proposed homesteads or structures. mitigations to ensure the reduction of the impact on the community.
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THEME OBJECTIVE MITIGATION DETAIL Method of control Monitoring action Responsibility
Potential Impact Proposed Mitigation
PLANNING PHASE 2 – Minimise and avoid The possible long-term The Public Open Space Enforce waste Maintenance and Oshakati Town Council or
SOLID WASTE all waste pollution impact is a shortfall in should be kept tidy at all management inspection of the contracted cleaning
MANAGEMENT: within the Public the solid waste times. requirement in terms Public Open Space. company. Open Space and management which of the EMP and All general waste produced nearby Oshana. can lead to illegal Oshakati bylaws on should be cleaned and dumping and pollution solid waste contained daily. of the Public Open management. Space and nearby No waste may be buried or oshana. burned. No waste may be dumped in any watercourse in and around the project area.
A sufficient number of separate waste containers (bins) for hazardous and domestic/general waste should be provided on-site. These should be marked as such.
Responsibly dispose of waste and not to litter.
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THEME OBJECTIVE MITIGATION DETAIL METHOD OF MONITORING RESPONSIBILITY CONTROL ACTION Potential Impact Proposed Mitigation
PLANNING PHASE 3 – Ensure the protection Requirement: Labour issues need Oshakati Town Council, of workers’ rights and to be handled Worker, appointed Employment Recruitment should safety in Oshakati. according to the contractors and the Labour /Recruitment focus on gender and local Labour Act. 11 of Commissioner. residents. 2007. Ensure that all sub- contractors are aware of recommended recruitment procedures and discourage any recruitment of labour outside the agreed-upon process.
Contractors should give preference in terms of recruitment of sub-contractors and individual labourers to those from the project area and only then look to surrounding towns.
Clearly explain to all job-seekers the terms and conditions of their respective employment contracts (e.g. period of employment, etc.) – make use of interpreters when required.
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THEME OBJECTIVE MITIGATION DETAIL METHOD OF MONITORING RESPONSIBILITY CONTROL ACTION Potential Impact Proposed Mitigation
PLANNING PHASE 4 – Minimise and avoid Road Safety is a Provide road markings Enforce traffic The Roads The Roads Authority traffic impacts on the potential long-term Provision for on-site parking requirement in Authority anneal district’s office & Road Safety: MR 120 road users, impact. will be planned according to terms of the monitoring and pedestrians and the control signs Namibian traffic inspection of community working and If the road layout regulations. national roads. living near the road. and signs do not Control signs need to complement each include: other, it can lead to Pedestrian priority sign; road accidents. Maximum speed sign; Farm animals sign; General warning sign; and No crossing marking.
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THEME OBJECTIVE MITIGATION DETAIL METHOD OF MONITORING RESPONSIBILITY CONTROL ACTION Potential Impact Proposed Mitigation
PLANNING PHASE 5 – Minimise and avoid Possible negative A suitable location for the Control mitigations The district office The Roads Authority environmental impacts environmental impact materials-camp and lay- according to the of the Roads district’s office & ENVIRONMENTAL during road on the Oshana down areas should be environmental Authority needs to contractors’ ER and ECO IMPACTS maintenance. located next to the identified, and the following management plan. monitor and inspect road should be considered in material camp selecting these sites: during road The duration of the maintenance. The areas designated for actions mentioned the proposed services above is short term. infrastructure should be used as far as possible, and
Sensitive areas should be avoided (e.g. watercourses).
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THEME OBJECTIVE MITIGATION DETAIL METHOD OF MONITORING RESPONSIBILITY CONTROL ACTION Potential Impact Proposed Mitigation
PLANNING PHASE 6 - Provide a platform for Long-term impact A platform needs to be Proponent to The planning phase Urban Dynamics, the stakeholders to raise on the community. created to inform the adhere to provision needs to include a Oshakati Town Council. STAKEHOLDER grievances and receive community of the of the Oshakati stakeholder’s COMMUNICATION: intention of the feedback and hence Town Planning process. proponent, as well as to minimise conflict. invite them to provide Scheme and the feedback on the topic. Environmental All communication Management Act 7 with the The following of 2007, as stakeholders must approaches need to be amended, be recorded. followed: regarding the stakeholder’s Compile a stakeholders process. list;
Place a notice of intention in two local newspapers for two consecutive weeks; and
Place notices at the site and at the council office.
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