AMENDMENT TO EXISTING ENVIRONMENTAL AUTHORISATION FOR THE ESTABLISHMENT OF AN INCREMENTAL DEVELOPMENT AREA ON PORTION OF CAPE FARM 101/5, WOLWERIVIER, CAPE TOWN

As you are aware, application to amend certain conditions of the existing Environmental Authorisation, dated 2012, has been submitted to the Department of Environmental Affairs and Development Planning. The draft Amendment Assessment Report has been revised and is being made available for a 30-day public participation process commencing on 26 February 2019 and closing on 28 March 2019. You may provide comment via email: comments@enviropart.co.za or telephone: 021 422 0999 or by fax: 021 422 0998. Should you wish to register as an Interested and Affected Party, you may do so before 28 March 2019 by email: comments@enviropart.co.za , telephone: 021 422 0999 or fax: 021 422 0998.

 

BACKGROUND AND INTRODUCTION

An Environmental Impact Assessment (EIA) was undertaken by the City of Cape Town from 2011 to 2012 under the Less Formal Township Establishment Act Areas (LFTEAA) process for the establishment of an Incremental Development Area on portion of Cape Farm 101/5 in Wolwerivier. Please see attached locality map. The Incremental Development Area was subsequently authorised by the Department of Environmental Affairs and Development Planning (DEA&DP) on 21 September 2012 (DEA&DP Reference: M3/6/5 (438/12) E12/2/4/3-F5/14-3001/10).

A compliance monitoring letter was sent by DEA&DP on 15 May 2017 to the City of Cape Town (CoCT), the authorisation holder, which identified certain conditions of the environmental authorisation that were not met. DEA&DP advised that an amendment application be submitted to address the non-conformances. Therefore, an Amendment Report has been compiled which assesses the proposed amendments to the environmental authorisation granted to the CoCT on 21 September 2012 for the establishment of an Incremental Development Area. The draft Amendment Report has been revised and being made available for a 30-day commenting period.

 

LEGISLATIVE CONTEXT

In terms of the 2014 EIA Regulations, as amended, the proposed amendments will require an amendment of the existing environmental authorisation. Since the amendment will “result in a change to the scope of a valid environmental authorisation where such change will result in an increased level or nature of impact”, it constitutes a ‘Part 2’ amendment in terms of Regulation 31. This Amendment Report has been prepared in accordance with Regulation 32(1) of the 2014 EIA Regulations, as amended.

It is important to note that none of the proposed amendments being applied for triggers any of the activities listed in the 2014 Listing Notices (GN No. R. 327, GN No. R. 325 or GN No. R. 324 of 2017). The aim of the Amendment Report is to assess the non-conformances to the existing environmental authorisation in order for the regulatory authority to make an informed decision on the request to amend the Environmental Authorisation.

 

PUBLIC PARTICIPATION

First Public Participation Iteration

The Amendment Report was made available to registered interested and affected parties, and the broader public for their perusal and comment. The following was undertaken during the public participation process:

• A copy of the Amendment Report was available on The Environmental Partnership’s website, www.enviropart.co.za .
• A media notice was placed in the Cape Argus on 23 August 2018, advising the public of the proposed amendments, the availability of this report, and opportunities to comment.
• A site notice was placed in conspicuous locations along the boundary of the site. The same information provided in the media notice will be provided in the site notice.
• An information sheet summarising the content of the draft Amendment Report will be provided to registered I&APs, key stakeholders and Ward Councillor. Relevant Organs of State were notified of the proposed amendments and the availability of the Amendment Report. A 30 day comment period commenced on 23 August 2018 and closed on 21 September 2018.
• A comments and response table was compiled which addressed the comments received.

Second Public Participation Iteration

The draft Amendment Report has been revised and is available for public comment. This public participation iteration provides an opportunity to those who submitted a comment during the first iteration to see how their comment have been addressed. The commenting period commences on 26 February 2019 and closes on 28 March 2019.

Since the necessary requirements of public participation was undertaken during the first PP Iteration, all aspects will not need to be undertaken again during the second PPP. This is in terms of Section 41(5) of the 2014, NEMA: EIA Regulations, as amended. The following will be undertaken in the second PP:

• An information sheet summarising the revised Amendment Report will be compiled and distributed to all registered I&APs and key stakeholders.
• The competent authority and relevant Organs of State will receive a hardcopy and/or electronic copy of the report.
• A copy of the report will be placed on The Environmental Partnership’s website, www.enviropart.co.za.

 

POTENTIAL IMPACTS

The following impacts associated with the proposed amendments have been identified and assessed in the Amendment Report:

• stormwater management impacts
• visual impact from electrical cables
• accessibility of fire hydrants
• access to the site

 

WAY FORWARD

The Revised Amendment Report has been compiled and is being made available for comment for a 30-day commenting period. The commenting period commences on 26 February 2019 and closes on 28 March 2019.

Comments regarding the proposed amendment may be submitted on or before 28 March 2019 at the following details:

The Environmental Partnership
PO Box 945, Cape Town, 8001
Tel: 021 422 0999; Fax 021 422 0998
Email: comments@enviropart.co.za