THE RECTIFICATION OF UNLAWFUL COMMENCEMENT OF LISTED ACTIVITIES ON THE FARM 220 SANDOWNE ESTATE , NEAR PEARLY BEACH, WESTERN CAPE PROVINCE: NOTIFICATION OF AVAILABILITY OF THE FINAL S24G EIA REPORT  

(DEA&DP Ref No: 14/2/1/2/E2/10/0091/15)

Mystic Pearl 133 (Pty) Ltd (“MP133”) is the corporate entity that conducts farming operations on Farm Sandown Estate No. 220, informally referred to as Duinerfontein Game Farm. The aforementioned (Pty) Ltd Company is the registered owner of the Property and is represented by Mr Lambertus Van Zyl. On 20 May 2015, MP133 was served with a Pre-compliance Notice by the Department of Environmental Affairs and Development Planning (DEA&DP) entitled “Pre-compliance Notice: Intention to issue a compliance notice in terms of section 31L of the [NEMA1]” for the construction of the so-called “Bridge Structure 1”. However, following the Environmental Assessment Practitioner’s (EAP) inspection of the site, (i) the unlawful construction of the so-called “Bridge Structure 2” and (ii) the unlawful construction of a Diversion Channel was also noted. As a result, the Application for Rectification of Unlawful Commencement of Listed Activities in terms of Section 24G of NEMAhas been initiated in terms of the three aforementioned constructions. Holland and Associates Environmental Consultants have been appointed by Mystic Pearl 133 Pty Ltd to assist in fulfilling the legally required environmental process for the project.

Following the comment period for the Draft S24G EIA Report which ended on 22 February 2016, the EIA Report has been finalised and will now be available for review during a final 21 day public comment period. 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 C (Public Participation) has been updated, to report on progress with the public participation process since the lodging of the Draft EIA Report
  • Section E (Alternatives) has been updated to provide greater clarity in respect to the No-Go alternative, in light of legal advice regarding the legal status of the existing farm access road.
  • Section H (Recommendations of the EAP) has been updated to provide greater clarity in respect to the No-Go alternative, in light of legal advice regarding the legal status of the existing farm access road.
  • 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.

All changes made to the Final S24G EIA Report have been underlined in the text of the report for ease of reference. Note that no substantive changes have been made to the findings, conclusions or recommendations of the S24G EIA Report.

The Final S24G EIA Report has been made available to the public from 27 June 2016 to 19 July 2016 for a 21 day comment period. Copies of the report have been lodged at the Gansbaai Public Library and is downloadable via the link below. As a Registered Interested and Affected Party (I&AP), you are invited to review and comment on the Final 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 19 July 2016. The Department of Environmental Affairs and Development Planning (DEA&DP) reference numbers must be referred to in all correspondence submitted by I&APs. Once the comment period closes the Final S24G EIA Report will be submitted to DEA&DP, for their consideration and decision, together with the comments from I&APs.

National Environmental Management Act (107 of 1998) as amended.