PROPOSED CULTIVATION OF VIRGIN SOIL ON REMAINDER OF FARM MONTE VISTA NO.43, HEX VALLEY, WESTERN CAPE: NOTIFICATION OF ENVIRONMENTAL AUTHORISATION
(DEA&DP Ref No:16/3/1/1/B2/3/1126/14)
The Applicant, Mr Bernard Joubert, applied for subdivision of a portion of Remainder of Farm Monte Vista No. 43 in terms of the Subdivision of Agricultural Land Act (No. 70 of 1970). As part of the aforementioned application, the Department of Agriculture, Forestry & Fisheries (DAFF) has indicated that the Applicant requires the necessary consents for cultivation of the land, before the application can be considered further. In light of the above, the Applicant is applying for Environmental Authorisation for the cultivation of portions of the aforementioned farm, i.e. for the proposed clearance of approximately 46ha of vegetation for the expansion of cultivated crops on the farm. The majority of the land that would be cultivated has not been cultivated in the preceding 10 years and hence is considered to be “virgin soil”. No structures, infrastructure or water storage infrastructure is included in the proposed project.
In terms of the Environmental Impact Assessment (EIA) Regulations (2010) enacted in terms of the National Environmental Management Act (No. 107 of 1998) (NEMA), as amended, the proposed project triggers a number of listed activities identified in Government Notices (GN) R544 and R546 of the 2010 EIA Regulations, as well as GN 983 and 985 of the 2014 EIA Regulations. Accordingly, the proposed activities required authorisation from the Department of Environmental Affairs and Development Planning (DEA&DP) via the Basic Assessment process outlined in GN No. 543.
Interested and/or Affected Parties are hereby notified that DEA&DP has issued an Environmental Authorisation in terms of NEMA, the EIA Amendment Regulations (2010) and 2014 EIA Regulations for the proposed project. DEA&DP has granted environmental authorisation to the Applicant (i.e. Mr Bernard Joubert) to undertake the following activities listed in terms of the NEMA EIA Regulations (2010): Activity 18 of GN R544 and Activities 13 & 14 of GN R546. Furthermore, the following listed activities in terms of the EIA Regulations, 2014 have been authorised: 19 of GN R983 and Activity 15 of GN R984. The Environmental Authorisation, which was dated 5 September 2016 and issued by DEA&DP on 5 September 2016, is downloadable via the link below.
We would like to draw your attention to your right to appeal against the decision to the Minister in terms of Chapter 7 of the EIA Amendment Regulations (2010). Any person who wishes to appeal must lodge a Notice of Intention to Appeal with the Minister within 20 calendar days of the date of DEA&DP’s decision. The Appeal must be submitted within 30 days of the lodging of the Notice of Intention to Appeal. All Notice of Intention to Appeal and Appeal Forms must be submitted by means of one of the following methods:
By post: Western Cape Ministry of Local Government, Environmental Affairs and Development Planning, Private Bag X9186, Cape Town, 8000
By facsimile: (021) 483-4174; or
By hand: Attention: Mr Jaap de Villiers; Room 809, 8th Floor Utilitas Building, 1 Dorp Street), Cape Town, 8001
An electronic copy (Microsoft Word format) of the appeal, responding statement and any supporting documents must also be submitted to the Appeal Authority to the address listed above and/ or via e-mail to Jaap.DeVilliers@westerncape.gov.za. A prescribed Notice of Intention to Appeal Form and Appeal Form, as well as assistance regarding the appeal process, is obtainable from the office of the Minister at: Tel. (021) 483 3721, email Jaap.deVilliers@westerncape.gov.za or URL http://www.westerncape.gov.za/eadp.