Proposed Rectification of the Unlawful Commencement of Listed Activities on Faerie Glen Farm, Near Worcester

PROPOSED RECTIFICATION OF THE UNLAWFUL COMMENCEMENT OF LISTED ACTIVITIES ON FAERIE GLEN FARM, NEAR WORCESTER, WESTERN CAPE: NOTIFICATION OF INTENTION TO SUBMIT AN APPLICATION FORM IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT (NEMA) (107 OF 1998) AND NOTIFICATION OF AVAILABILITY OF THE PRE-APPLICATION SECTION S24G DOCUMENTATION FOR REVEW AND COMMENT AND INTEGRATED WATER USE LICENSE APPLICATION 

S24G ENVIRONMENTAL IMPACT ASSESSMENT PROCESS: DEA&DP Ref No.: TBC.

Heritage Western Cape Ref No.: 18111908SB1121E

Holland & Associates Environmental Consultants have been appointed by Breedecom 003(Pty) Ltd to compile and submit the NEMA S24G Application for the proposed rectification of unlawful activities, including inter alia, the unlawful clearance of virgin land, the repair of the top dam, expansion of the bottom dam and associated infrastructure, various pipelines and various works within watercourses on RE/187, 1/187, 5/187 and 14/187, Worcester.  The aforementioned properties are collectively referred to as “The Site” and are located within the Breede Valley Municipality, approximately 4km north of Worcester.

In 2017, Breedecom 003 (Pty) Ltd (the Applicant) purchased a number of adjoining agricultural properties north of Worcester in the Western Cape with the intention of cultivating vineyards for table grapes and securing a sustainable water supply for the farm. This was to be achieved through, inter alia, the repair and enlargement of two dams on site (known as the ‘top’ and ‘bottom’ dams) and through the clearance of virgin land for cultivation. In December 2017, the applicant initiated, inter alia, the clearance of virgin land, the repair of the top dam, expansion of the bottom dam and various works within watercourses. Since the aforementioned activities trigger Listed Activities in terms of the National Environmental Management Act, Act No. 107 of 1998 (NEMA), Environmental Impact Assessment Regulations (2014, as amended), the activities on the site were undertaken in contravention of section 24F of NEMA, since no Environmental Authorization was obtained, prior to commencement.

On the 20 March 2018, the Department of Environmental Affairs and Development Planning Directorate: Law Enforcement (DEA&DP) issued a Compliance Notice in terms of Section 31L of the NEMA to the applicant directing the immediate cessation of listed activities, the compilation of an assessment of impacts on the environment and the identification of proposed remedial measures.

Notice is further given of an Integrated Water Use License Application (IWULA) in terms of the National Water Act, 1998 (Act 36 of 1998) (NWA). The following water uses as defined in Section 21 of the NWA will be applied for: 21(a) taking of water, 21(b) storing of water; 21(c) Impeding or diverting the flow of water in a watercourse and 21(i) altering the beds, banks, course or characteristics of a watercourse. The Integrated Water Use License Application will be synchronised with the application for Environmental Authorisation. Note in this regard that the Licence has been loaded onto the eWULA system on 4th December 2018.

The Pre-Application S24G Application Form (which includes specialist reports and an assessment of impacts) has been made available to the public for review for a 30 day comment period, and is downloadable via the link below. Potential Interested & Affected Parties (I&APs) have 30 days, i.e. until 22 May 2019 to register as I&APs and raise any initial issues or concerns related to the proposed project and the aforementioned documents. Any comments received from I&APs will be incorporated into a Comments and Response Report CRR(1) and included in the updated S24G EIA Report, following which the Application and all supporting documentation will be submitted to the DEA&DP.

Should you have any comments, issues or concerns regarding the proposed project or the findings of the Pre-Application S24G EIA Form, please provide your comments in writing to Ross Holland of Holland & Associates Environmental Consultants, by email, fax or post (Fax: 086 653 1765, email: ross@hollandandassociates.net or post: PO Box 31108, Tokai, 7966), on or before 22 May 2019.