The Rectification of Unlawful Commencement of Listed Activities on the Breeland Farm near Rawsonville, Western Cape

THE RECTIFICATION OF UNLAWFUL COMMENCEMENT OF LISTED ACTIVITIES ON THE BREELAND FARM NEAR RAWSONVILLE, WESTERN CAPE PROVINCE: NOTIFICATION OF AVAILABILITY OF THE DRAFT S24G EIA REPORT (DEA&DP Ref No:14/2/1/2/B2/21/0092/15)

Blaarfontein Slanghoek (Edms) Bpk (“Blaarfontein”) is the corporate entity that conducts farming operations on Breeland Farm. The aforementioned corporate entity is the registered owner of the property and is represented by Mr Kosie Marais. Blaarfontein was served with a Pre-compliance Notice by the Department of Environmental Affairs and Development Planning (DEA&DP) on 22 June 2015 entitled “Pre-compliance Notice: Intention to issue a compliance notice in terms of section 31L of the National Environmental Management Act (NEMA)”. The pre-compliance notice relates respectively to the clearing of indigenous vegetation and excavation of a Clay Borrow Area in order to expand an existing dam (“Middle Dam”), however following the Environmental Assessment Practitioner’s inspection of the site, the scope of the S24G application was widened to include the construction of the haul road between the Clay Borrow Area and expansion activities at the Middle Dam. As a result of the unlawful commencement of the aforementioned activities, an Application for Rectification of Unlawful Commencement of Listed Activities, has been initiated in terms of Section 24G of the NEMA. Holland and Associates Environmental Consultants have been appointed by Blaarfontein Slanghoek Plase (Edms) Bpk to assist in fulfilling the legally required environmental process for the proposed project. The Final S24G EIA Report has been made available to the public for a 21 day comment period, and is downloadable via the link below. For ease of reference, please find below a summary of the how the EIA Report has been updated and revised since the Draft EIA Report was lodged for public comment:

• A number of minor changes to aid readability and correct minor typographical errors;
• Section A (Activity Information) has been updated to provide greater clarity regarding the footprints associated with the Middle Dam, as well as to reflect refinements to the proposed Kleigat Dam design, in order to take account of the recommendations of CapeNature in respect of ensuring that low flows are diverted around the dam.  Section A has been further updated to reflect the fact of the Water Use License Application (WULA) having been submitted on 25 January 2017)
• Section E (Alternatives) has been updated to provide greater clarity in respect to the technical design iterations applicable to the Kleigat Dam, including the incorporation into the design of the recommendations of CapeNature in respect of ensuring that low flows are diverted around the dam.
• Section F (Impact Assessment, Mitigation and Monitoring Measures) the wording of portions of this section have been refined /updated to either provide greater clarity or reflect the inputs of certain I&AP`s.
• Section H (Recommendations of the EAP) has been updated to reflect the inclusion of the MMP, as well as to reflect the requirements of CapeNature.
• Appendix B3 has been updated to include a Figure showing the screened pipeline alignment to the proposed Kleigat Dam.
• Appendix B4 has been added to the report, and shows the incorporation of CapeNatures recommendation in respect of ensuring that low flows are diverted around the proposed Kleigat dam, into the proposed Dam design.
• Appendix F has been updated with the inclusion additional public participation process information since the lodging of the Draft EIA Report, including a Comments and Response Report.
• Appendix L has been added to the report, and contains the proof of submission of the WULA.
• Appendix M has been added to the report, and contains a copy of the Engineers technical report for the project (note however that the scope of the Engineers report exceeds the scope of the S24G application.

All changes made to the Final S24G EIA Report have been underlined in the text of the report for ease of reference. Note that apart from the inclusion of Cape Natures recommendations, no substantive changes have been made to the findings, conclusions or recommendations of the S24G EIA Report. Should you have any further comments, issues or concerns regarding the proposed project or the findings of the Final EIA Report, please submit 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: P.O. Box 31108, Tokai, 7966) on or before 28 March 2017. The Department of Environmental Affairs and Development Planning (DEA&DP) reference numbers must be referred to in all correspondence submitted by I&APs.