NEMA SECTION 24G APPLICATION ON PORTION 4 OF THE FARM TWISTWYK 182, CALEDON – KNOWN AS NOORDHOEK FARM, WESTERN CAPE

(DEA&DP Ref No: 14/2/1/E4/5/FARM 182/4, CALEDON)

Portion 4 of the Farm Twistwyk 182 (known as “Noordhoek Farm”) is situated off the R406, approximately 5km west of Riviersonderend, in the Western Cape.  During February 2006 the (then) owners of the Japie Groenewald Trust started to prepare the existing agricultural areas on the farm for the purposes of establishing fruit orchards. The development work was stopped in December 2006 after approximately 60% of the development was performed.  In summary, development work that started in February 2006 and stopped in December 2006 involved the following:

  1. Works within the river channel aimed at clearing out the channel for better flow.
  2. Commencement with the construction and/or upgrading of a road, including a road crossing of the water course.
  3. Clearing of land along the banks (and in close proximity to) the river, for the purpose of agriculture (fruit orchards).

If the S24G application is approved, the applicant (the Japie Groenewald Trust) would continue works on the formalization of two river crossings as well as river bank rehabilitation and stabilisation.  At the present time it is however envisaged that the current land use would continue, namely grazing land for cattle.

The NEMA S24G application has a long history on this particular property and apart from that that already mentioned above can be briefly summarized as follows:

  • CapeNature and DEA&DP officials identified illegal activities in 2006, during a site visit that followed the receipt of a complaint.
  • Ninham Shand was appointed to undertake the Section 24 G Application (rectification of illegal activities).
  • Ninham Shand drafted and submitted Status Quo and Mitigation Report to DEA&DP requesting clarity on way forward – May 2007 (attached for additional background information).
  • Received letter from DEADP dated 18 September 2007 requesting submission of Section 24 G Application.
  • Advertised the Section 24 G Application on 5 October 2007.
  • Received CapeNature comment on 15 December 2007, outlining a number of shortcomings in the Status Quo and Mitigation Report.
  • A request by Ninham Shand to the client requesting outstanding information for the Noordhoek application was sent dated 21 April 2009, however it appears that the requested information was not forthcoming and that the Section 24 G application for Noordhoek was never submitted.
  • In relation to the point above, it is noted that the original applicant and transgressor (Mr Japie Groenewald Snr) passed away, and his son is now in control of the property, via the Japie Groenewald Trust, that was created following the passing of Mr Japie Groenewald Snr.

Holland and Associates Environmental Consultants have now been appointed by the Japie Groenewald Trust to undertake the finalization of the Section 24G application [in accordance with the National Environmental Management Act (NEMA) (No. 107 of 1998, as amended)] that was originally initiated in 2006.  Due to the length of time that has elapsed since the transgression originally occurred, and the original NEMA S24G application initiated, a new S24G application process has been started.  Note that in order to assist in informing the new application, a specialist Heritage Study, as well as a specialist Fresh Water Ecology study has been undertaken.

The Draft EIA Report has been made available to the public for a 40 day comment period, and is downloadable via the link below. Should you have any comments, issues or concerns regarding the proposed project, please provide your comments in writing via post, e-mail or fax to Mr Ross Holland of Holland & Associates Environmental Consultants (Fax: 086 653 1765, email: ross@hollandandassociates.net or post: PO Box 31108, Tokai, 7966) on or before
07 March 2013.