SCOPING AND ENVIRONMENTAL IMPACT REPORTING PROCESS

Nemai Consulting (Pty) Ltd was appointed by the Department of Water and Sanitation (DWS) (the Applicant) as the Environmental Assessment Practitioner (EAP) to apply for Environmental Authorisation for the proposed CEWP in terms of the National Environmental Management Act (Act No. 107 of 1998) (NEMA). The CEWP will trigger activities in Listing Notices 1, 2 and 3 of the Environmental Impact Assessment (EIA) of 2014, as amended. Hence, a Scoping and Environmental Impact Reporting (S&EIR) Process needs to be undertaken for the Project. An outline of the S&EIR Process is provided below.

Outline of S&EIR Process

An overview of the S&EIR Process follows.

PRE-APPLICATION CONSULTATION

A Pre-Application Meeting will be convened with the Department of Forestry, Fisheries and the Environment (DFFE), who is the Competent Authority for the CEWP’s Application for Environmental Authorisation in terms of NEMA. The purpose of this meeting will include the following:

• To introduce the CEWP to the DFFE;
• To seek clarification regarding certain matters that pertain to the EIA process;
• To determine DFFE’s requirements; and
• To confirm the process and timeframes.

An Environmental Authorities Meeting will also be held with various government departments with mandates regarding the receiving environment. These authorities will include (amongst others):

• DFFE;
• DWS;
• Inkomati Usuthu Catchment Management Agency (IUCMA);
• Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (DARDLEA);
• Mpumalanga Tourism and Park Agency (MPTA);
• Department of Mineral Resources and Energy (DMRE);
• Mpumalanga Department of Public Works, Roads and Transport (DPWRT);
• Inkomati Usuthu Catchment Management Agency (IUCMA);
• Mpumalanga Heritage Resource Authority (MHRA);
• Ehlanzeni District Municipality; and
• City of Mbombela Local Municipality.

PUBLIC PARTICIPATION – PROJECT ANNOUNCEMENT

Upfront project announcement will be undertaken as part of the Public Participation Process (PPP), prior to the submission of the Application to DFFE.

The following tasks will be undertaken during project announcement:

• 1. Compiling a database of authorities and Interested and Affected Parties (I&APs).
• 2. Providing written notices to I&APs by –
• a. Fixing notice boards at places conspicuous to and accessible by the public within the project footprint.
• b. Giving written notice to-
• i. The occupiers and owners of the sites where the activity is to be undertaken;
• ii. Owners, persons in control of, and occupiers of land adjacent to the site where the activity is or is to be undertaken, as relevant;
• iii. The Municipal Councillors of the affected municipal Wards;
• iv. Formal organisations or groups in the area;
• v. The Ehlanzeni District Municipality and City of Mbombela Local Municipality; and
• vi. Any organ of state having jurisdiction in respect of any aspect of the activity.
• c. Placing adverts in newspapers.
• d. Convening a public meeting.
• e. A Comments and Response Reports (CRR) will be compiled and updated throughout the process. All comments received during
       the announcement phase will be included in the CRR, which will be appended to the draft Scoping Report and draft EIA Report.

SCOPING PHASE

Purpose of Scoping

The purpose of the Scoping Phase, which constitutes the first phase of the overall EIA process, includes the following (but not limited to):

• Identify the legal framework in terms of the proposed project;
• Identify and engage with I&APs and allow for adequate participation in the EIA process;
• Assess the receiving environment in terms of current state and potential positive or negative impacts;
• Consider alternatives for achieving the project’s objectives;
• Identify significant issues to be investigated further during the execution of the EIA Phase;
• Determine the scope of the ensuing EIA Phase, in terms of specialist studies, public participation, assessment of impacts and appraisal of alternatives; and
• Allow for informed decision-making with regard to the EIA process.

Application Form

The Application Form will make provision for all the activities associated with the CEWP and the appurtenant works. The EAP will prepare the Application Form for review and signing by DWS. Thereafter, the completed Application Form will be submitted to DFFE. A copy will be provided to DARDLEA. A reference number will be obtained from DFFE, which will be reflected in the EIA documents.

Compile Draft Scoping Report

A Scoping Report will be compiled, which will conform to the requirements stipulated in Appendix 2 of the EIA Regulations of 2014, as amended.

Public Participation – Draft Scoping Report Review

The draft Scoping Report will be uploaded to the CEWP’s website and hardcopies will be placed at public places such as public libraries. Copies of the draft Scoping Report will also be distributed to key authorities with jurisdiction.

Authorities and registered I&APs will be notified in writing of the review of the draft Scoping Report and will be granted 30 days to comment on the document. A public meeting will also be convened to present the draft Scoping Report and to obtain comments.

Compile Final Scoping Report

Following the review of the draft document, the final Scoping Report will be prepared. Any comments received from I&APs will be incorporated into the CRR and the relevant project team members will be requested to provide responses, as relevant.

The final Scoping Report will be submitted to DFFE for decision-making. The Scoping Phase will be completed if DFFE accepts the Scoping Report and Plan of Study for the EIA Phase.

EIA PHASE

Purpose

According to the EIA Regulations of 2014, as amended, the objectives of the EIA process are to undertake the following, through a consultative process:

• Determine the policy and legislative context within which the activity is located and document how the proposed activity complies with and responds to the policy and legislative context.
• Describe the need and desirability of the proposed activity, including the need and desirability of the activity in the context of the development footprint on the approved site as contemplated in the accepted Scoping Report.
• Identify the location of the development footprint within the approved site as contemplated in the accepted Scoping Report based on an impact and risk assessment process inclusive of cumulative impacts and a ranking process of all the identified development footprint alternatives focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects of the environment.
• Determine the -
  • Nature, significance, consequence, extent, duration and probability of the impacts occurring to inform identified preferred alternatives.
  • Degree to which these impacts -
    • Can be reversed;
    • May cause irreplaceable loss of resources; and
    • Can be avoided, managed or mitigated.
• Identify the most ideal location for the activity within the development footprint of the approved site as contemplated in the accepted Scoping Report based on the lowest level of environmental sensitivity identified during the assessment.
• Identify, assess, and rank the impacts the activity will impose on the development footprint on the approved site as contemplated in the accepted Scoping Report through the life of the activity.
• Identify suitable measures to avoid, manage or mitigate identified impacts.
• Identify residual risks that need to be managed and monitored.

Specialist Studies

The nature and extent of the specialist studies to be conducted for the purposes of the EIA will be determined at the Scoping Phase. The following specialist studies are anticipated to be required, which will be undertaken during the EIA Phase:

• Aquatic Biodiversity Impact Assessment;
• Water Quality Study;
• Terrestrial Biodiversity Impact Assessment;
• Avifaunal Impact Assessment;
• Biodiversity Offset Study;
• Agricultural Impact Assessment;
• Visual Impact Assessment;
• Heritage Impact Assessment;
• Desktop Palaeontological Impact Assessment;
• Socio-Economic Impact Assessment; and
• Relocation Framework.

Various technical studies will also be undertaken as part of the Technical Feasibility Study, which will be considered during the EIA.

Compile Draft EIA Report

An EIA Report will be compiled, which will conform to the requirements stipulated in Appendix 3 of the EIA Regulations of 2014, as amended.

Public Participation – Draft EIA Report Review

The draft EIA Report will be uploaded to the CEWP’s website and hardcopies will be placed at public places such as public libraries. Copies of the draft EIA Report will also be distributed to key authorities with jurisdiction.

Authorities and registered I&APs will be notified in writing of the review of the draft EIA Report and will be granted 30 days to comment on the document. A public meeting will also be convened to present the draft EIA Report and to obtain comments.

Compile Final EIA Report

Following the review of the draft document, the final EIA Report will be prepared. Any comments received from I&APs will be incorporated into the CRR and the relevant project team members will be requested to provide responses, as relevant.

The final EIA Report will be submitted to DFFE for decision-making.

NOTIFICATION OF DECISION

Authorities and I&APs will be notified in writing of DFFE’s decision and of the appeal process, in accordance with the National Appeal Regulations, 2014.