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ENVIRONMENTAL SCREENING–SHALENG, GREATER TAUNG LOCAL MUNICIPALITY, RURAL WATER SUPPLY Prepared By: Environmental Management group P.O. Box 37473 Langenhovenpark, 9330 Tel: 051 412 6350 Fax: 086 556 2125 Contact Person: S.E. van Rooyen

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Page 1: ENVIRONMENTAL SCREENING SHALENG, GREATER TAUNG …

ENVIRONMENTAL SCREENING–SHALENG,

GREATER TAUNG LOCAL MUNICIPALITY,

RURAL WATER SUPPLY

Prepared By:

Environmental Management

group

P.O. Box 37473

Langenhovenpark, 9330

Tel: 051 412 6350

Fax: 086 556 2125

Contact Person:

S.E. van Rooyen

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PROJECT DETAILS

PROJECT TITLE: ENVIRONMENTAL SCREENING–SHALENG, GREATER

TAUNG LOCAL MUNICIPALITY, RURAL WATER

SUPPLY

PROJECT PROPONENT: Dr Ruth S Mompati District Municipality

PO Box 21

60 Market Street

Vryburg

8600

ENVIRONMENTAL

CONSULTANT: Environmental Management Group

P.O. Box 37473

Langenhoven Park

9330

Phone: 051 412 6350 / 083 678 3032

Fax: 051 412 6351

Contact Person: S.E. van Rooyen

LEAD EAP: S.E. van Rooyen

Email: [email protected]

ENVIRONMENTAL

ASSESSMENT TEAM: S.E. van Rooyen

CW Vermeulen

M.O Keikelame

C.N Mlangeni

DOCUMENT STATUS: Draft Environmental Screening and EMP

DATE: July 2018

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Table of Content

1. Locality ........................................................................................................................................................ 4

2. Purpose of the Screening Report ................................................................................................................... 1

3. Description of the Environment ...................................................................................................................... 1

3.1 General ............................................................................................................................................... 1

3.2 Topography .......................................................................................................................................... 2

3.3 Environmental features ......................................................................................................................... 2

3.3.1 Flora .................................................................................................................................... 2

3.3.2 Fauna ...................................................................................................................................... 2

4 Development proposal .................................................................................................................................. 2

4.1 Proposed land uses .............................................................................................................................. 2

In terms of a completed, “Shaleng, Greater Taung Local Municipality, Rural Water Supply – Design Report”, dated 4

April 2017, the following development is proposed. .................................................................................................. 2

5 Applicable Legislation and Guidelines ............................................................................................................. 2

5.1 National Environmental Management Act, 1998 (ACT 107 of 1998), as amended 7 April 2017 ..................... 2

5.1.1 Identification of Listed Activities applicable to the Project .......................................................... 4

5.2 National Water Act (ACT NO. 36 of 1998) ............................................................................................... 4

5.2.1 Identification of Listed Activities applicable to the Project .......................................................... 5

5.3 National Environmental Management: Waste Act (ACT NO. 59 of 2008) .................................................... 5

5.3.1 Identification of Listed Activities applicable to the Project .......................................................... 6

5.4 National Heritage Resources Act (ACT 25 OF 1999) ................................................................................ 6

5.4.1 Identification of Listed Activities applicable to the Project .......................................................... 6

5.5 The Constitution of South Africa Act, 1996 (Act No.108 of 1996) ............................................................... 6

5.5.1 The Environmental Clause ..................................................................................................... 6

5.5.2 Access to Information ............................................................................................................ 7

5.5.3 Just Administrative Action ...................................................................................................... 7

5.5.4 Enforcement of Rights ........................................................................................................... 7

5.6 Environmental Conservation Act, (Act No 73 of 1989) .............................................................................. 7

5.7 The White Paper on Integrated Pollution and Waste Management for South Africa ..................................... 7

5.8 Occupational Health and Safety Act, 1993 (Act 85 of 1993) ...................................................................... 8

6 Conclusion and Recommendations ................................................................................................................ 9

APPENDIX 1: DETAILS AND EXPERTISE OF ENVIRONMENTAL ASSESSMENT PRACTITIONER................. 11

APPENDIX 2: MAPS ........................................................................................................................................... 15

APPENDIX 3: SITE LAYOUT PLAN AND PROPOSED WORKS ............................................................................. 19

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APPENDIX 4: ENVIRONMENTAL MANAGEMENT PLAN ...................................................................................... 21

APPENDIX 5: PUBLIC PARTICIPATION REPORT ................................................................................................ 23

APPENDIX 6: HERITAGE IMPACT ASSESSMENT .............................................................................................. 25

APPENDIX 7: RISK MATRIX ............................................................................................................................... 27

APPENDIX 8: PHOTOS ...................................................................................................................................... 29

APPENDIX 9: C&I GENERAL AUTHORISATION REGULATIONS .......................................................................... 32

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ACRONYMS USED IN THIS REPORT BID : Background Information Document DWS : Department of Water and Sanitation READ : Rural Environmental and Agricultural Development, EAP : Environmental Assessment Practitioner EIA : Environmental Impact Assessment EMP : Environmental Management Plan IDP : Integrated Development Plan NEMA : National Environmental Management Act I&AP : Interested and Affected Parties NEMA : National Environmental Management Act NEMWA : National Environmental Management: Waste Act NWA : National Water Act PPP : Public Participation Process

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1. Locality

The Dr Ruth Segomotsi Mompati District Municipality is a Category C municipality located in the North-West

Province. It is the largest district in the province covering almost 43,700 km² making up almost half of its

geographical area. The district municipality comprises of five local municipalities, i.e. Naledi, Greater Taung,

Kagisano-Molopo, Mamusa and Lekwa-Teemane. With many of the population situated in rural villages and

towns dispersed over a wide area, this district presents unique management and organizational challenges.

As the Water Services Authority (WSA) in the Greater Taung Local Municipal area, the Dr Ruth S Mompati

District Municipality has the responsibility to provide safe and adequate water supply to meet the basic Level

of Service for all communities. A project was identified to install basic water infrastructure to the rural village of

Shaleng (lat: 27°53'57.1164" long: 24°24'01.5984") located in the Greater Taung LM area of jurisdiction

(Figure 1).

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Figure 1: Locality of the proposed Shaleng, Dr R Segomotsi District Municipality, rural water supply project.

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2. Purpose of the Screening Report

In terms of the principles of Integrated Environmental Management (IEM) requiring environmental

considerations to be integrated into a development formulation process, it is the responsibility of the proponent

and supporting planners to respond, as fully and as early as possible, to the environmental implications arising

from a development proposal. This should ideally be undertaken prior to the application for environmental

authorisation and/or the initiation of any formal process of environmental assessment.

Environmental Screening is the process by which key environmental issues associated with a proposed

development are anticipated at the earliest opportunity, and are considered as an integral part of the

formulation of a site development plan. Potential significant environmental impacts also have to be

anticipated, and mitigation options accommodated in initial development designs. It is a process that takes the

form of a preliminary environmental evaluation.

An important aim of the pre-application screening is to establish whether there are aspects of the proposal that

are either technically flawed or have the potential to give rise to significant or un-acceptable environmental

consequences – the identification of potential “fatal flaws”. The identification of fatal flaws should include an

analysis of the following:

Ecological fatal flaws – identify and evaluate the ecological assets of the target area and predict the

consequences and impacts of the proposed development on these assets.

Environmental screening thus aims to establish whether a proposed development is flawed in terms of

anticipated environmental impacts and whether or not the proposal needs to be authorised by the competent

authority. Environmental screening could therefore:

eliminate the need for further environmental assessment, because the proposal has been abandoned

on the basis of the fatal flaw analysis;

eliminate the need for further environmental assessment, because there is certainty that the proposal

will not require environmental authorisation to proceed;

require adjustments to be made to the proposal prior to submission of the application to the authorities

to authorise the activity.

3. Description of the Environment

3.1 General

The study area consists of one rural developed area (Shaleng), situated just north east of the R371. Currently

there are a number of boreholes in Shaleng village with only one borehole in production, located within close

proximity to the school. This particular borehole has been disconnected from the reticulation system of the

village and is currently used solely for the purpose of the school. Some of the other boreholes are equipped,

but not in production. Sedibeng Water is currently using a tanker to supply all potable water for the village to

about 3 strategically placed plastic tanks. ESKOM powerlines are also present on site, and are connected to

one of the boreholes. There is a serious water shortage in Shaleng, with no production boreholes in use. There

are also 2 x 10kℓ plastic tanks erected on 9m elevated tank stands. These tanks have a bottom in and – out let

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to store water that is in excess within the reticulation system, which have been out of use for a number of

years. All of the above-mentioned forms part of the water reticulation system in Shaleng, with most stands

located within a 200m radial distance of communal standpipes and ranges from 63 – 110 mm in diameter.

3.2 Topography

The topography of the site is described as angulating, sloping slightly in a westerly direction. There is an

elevation difference of approximately 16 m between the upper and lower portions of the investigated area

which is situated between approximately 1263m and 1309m above mean sea level.

There are no other topographical features applicable on site.

3.3 Environmental features

3.3.1 Flora

According to Mucina & Rutherford, Shaleng is located in the Ghaap Plateau Vaalbosveld regarded as Least

Concerned. Only 1% of this vegetation type has been transformed on account of rural, agricultural and

industrial development (Figure 2). This vegetation type is described as a flat plateau with a well-developed

shrub layer compromising a dominant shrub/tree layer of Tarchonanthus camphoratus and Vachellia karroo.

Several other common shrub species to be found are Olea europaea subsp. africana, Senegalia tortilis,

Ziziphus mucroata and Searsia lancea. In the southern parts of this vegetation type Olea sp. is regarded as

the more important taxa, whereas Senegalia mellifera and Senegalia tortilis and Senegalia hebeclada is

known to be dominating species in the north and western parts of this unit.

Due to the disturbed nature of the vegetation layer present in the study area, the ecological sensitivity is

deemed to be low. Most of the natural vegetation layer has been removed by means of human interferences,

leaving bare ground with several scattered tree species remaining on site. Connectivity with the surrounding

natural vegetation of the Ghaap Plateau Vaalbosveld is absent, with no relative importance to this particular

project.

A natural wetland is located to the east, adjacent to the to the town of Shaleng (Figure 2). This wetland

remains fairly undisturbed from human interferences; thus, it is highly recommended that it remains this way

with no development occurring within the wetland.

3.3.2 Fauna

Before conducting the faunal surveys, a desktop assessment was conducted to note the prevalent faunal

species occurring on or near the site. A list of expected species was compiled and used as a reference during

the field surveys to ensure that species that should theoretically occur within the proposed sites were not

overlooked. Distinct faunal habitats were identified on the site, after which these habitats were assessed to

record the associated species present in that specific habitat.

Due to the fact that the majority of faunal species are either nocturnal, hibernators, secretive and/or seasonal it

is increasingly difficult to confirm their presence or absence by means of actual observations alone. Therefor a

number of authoritative tomes such as field guides, databases and scientific literature were utilized to deduce

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the probable occurrence of faunal species. The Animal Demography Unit: Virtual Museum

(http://vmus.adu.org.za/) was consulted to verify the records and occurrence of recorded faunal species.

The site was thoroughly assessed in terms of its floristic species composition as well as habitat availability in

terms of individual habitat preferences of faunal species potentially occurring on or near the study area. The

site holds a large verity of alien invasive plant species which is a good indicator of surface disturbances and

transformed habitat. No distinct faunal habitats were identified on the site.

Shaleng was inhabited by a number of feral and domestic dogs and cats as well as other free-roaming

livestock such as pigs, cattle, goats and chickens. The aforementioned feral and domestic animals present on

site further adds to the reduction of naturally occurring fauna since they either pray on the resident natural

fauna or directly compete with the natural fauna for food, water and territory. It can thus be reasoned that the

available habitat can only be described as disturbed/transformed or semi-residential, thus not expected to hold

species of conservation importance. Only widespread and common faunal species adapted to a transformed

environment are expected to occur. Based on the faunal assessment, Shaleng does not hold any

threatened/near threatened neither faunal species nor any other species of conservation concern.

Since the proposed project entails the laying of pipes (directly adjacent to existing roads), as well as small

scale upgrading of boreholes, pump stations and storage tanks, no loss of natural faunal habitat is expected.

Owing to the above-mentioned it can be concluded that Shaleng site hold a low to very low ecological value

and that the proposed project will have a minimal impact on the faunal composition of the said site and the

surrounding area.

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Figure 2: Ecological sensitivity map indicating environmental features within the proposed development, as well as the surrounding environment.

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4 Development proposal

4.1 Proposed land uses

In terms of a completed, “Shaleng, Greater Taung Local Municipality, Rural Water Supply – Design Report”,

dated 4 April 2017, the following development is proposed.

Remove the existing tanks in Madipelesa and re-construct in Shaleng.

Construct a new 140kℓ sectional steel tank on a 20 meter elevated tank stand.

Construct a new 110mm diameter uPVC Class 9, 314.45m long pressure line from the borehole to the

elevated tank stand.

Construct a new 160mm diameter uPVC Class 6, 2360.59m long bulk supply line from the specified

position as indicated on the drawings to the Madipelesa RDP stands.

Phase 2: Shaleng

Take down and removal of existing pump house building;

Erection of a new corrugated iron pump house building;

Installation of a new electrical motor (0.75kW) with all associated electrical work at one particular

borehole;

Installation of new Motor Control Centre (MCC) including new pressure – and timer switches; and

Equipping of 2 x new production boreholes with Lister engines.

Take down 2 x 10kℓ plastic tanks and stands and remove from site; and

Construction of new 150kℓ elevated pressed steel tank on a 15m elevated stand with security fence.

A new pumping main pipeline will be constructed from borehole on of the boreholes to the new

elevated storage tank, as well as an estimated 1km was allowed to connect the 2 x new production

boreholes. To ensure that the latest developed areas is within the 200m radial walking distance of a

communal standpipe, a total of ten new standpipes with associated pipework will also be added.

5 Applicable Legislation and Guidelines

5.1 National Environmental Management Act, 1998 (ACT 107 of 1998), as amended 7 April 2017

The National Environmental Management Act (NEMA) provides the legislative framework for Integrated

Environmental Management (IEM) in South Africa. Section 24 provides that all activities that may significantly

affect the environment and require authorisation by law must be assessed prior to approval. NEMA also

provides for co-operative environmental governance by establishing principles for decision-making on matters

affecting the environment, institutions that will promote co-operative governance and procedures for co-

ordinating environmental functions exercised by organs of the State and to provide for matters connected

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therewith. Section 2 of NEMA establishes a set of principles that apply to the activities of all organs of state

that may significantly affect the environment.

These include the following:

Development must be sustainable;

Pollution must be avoided or minimised and remedied;

Waste must be avoided or minimised, reused or recycled;

Negative impacts must be minimised; and

Responsibility for the environmental health and safety consequences of a policy, project, product or

service exists throughout its life cycle.

These principles are taken into consideration when a government department exercises its powers, for

example during the granting of permits and the enforcement of existing legislation or conditions of approval.

Section 28(1) of NEMA states that “every person who causes, has caused may cause significant pollution or

degradation of the environment must take reasonable measures to prevent such pollution or degradation from

occurring, continuing or recurring”. If such pollution cannot be prevented, then appropriate measures must be

taken to minimise or rectify such pollution. These measures may include:

Assessing the impact on the environment;

Informing and educating employees about the environmental risks of their work and ways of

minimising these risks;

Ceasing, modifying or controlling actions which cause pollution/degradation;

Containing pollutants or preventing movement of pollutants;

Eliminating the source of pollution; and

Remedying the impacts of the pollution.

The authorities may direct an industry to rectify or remedy a potential or actual pollution problem. If such a

directive is not complied with, the authorities may undertake the work and recover the costs from the

responsible industry.

The statutory mechanism of issuing environmental authorisations, which follow after the undertaking of an

environmental assessment process, is a tool utilised by the relevant authorities to ensure that activities

undertaken do not cumulatively have an unacceptable negative impact on the environment. The current listed

activities and authorisation process promulgated in terms of section 24 of the NEMA commenced on 04

December 2014.

Section 24 of the NEMA, headed “Environmental Authorisations”, sets out the provisions which are to give

effect to the general objectives of Integrated Environmental Management (“IEM”), as laid down in Chapter 5 of

the NEMA. In terms of section 24(2), the potential impact on the environment of listed activities must be

considered, investigated, assessed and reported on to the competent authority charged by the NEMA with

granting of the relevant environmental authorisation.

Accordingly, the listed activities for which an environmental authorisation is required have been promulgated in

three different government notices, namely:

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Government Notice R 327 in Government Gazette No. 40772 dated 07 April 2017 (“Listing Notice 1”),

which identifies those activities for which a basic assessment (“BA”) must be undertaken in

accordance with the procedure set out in GNR 326 in Government Gazette No. 40772 of 07 April 2017

(“GNR 326”);

Government Notice R 325 in Government Gazette No. 40772 dated 07 April 2017 (“Listing Notice 2”),

which identifies those activities for which a scoping and environmental impact reporting (“S&EIR”)

must be undertaken in accordance with the procedure set out in regulations GNR 326 in Government

Gazette No. 40772 of 07 April 2017 (“GNR 326”); and

Government Notice R 324 in Government Gazette No. 40772 dated 07 April 2017 (“Listing Notice 3”),

which identifies those activities within specific geographical areas for which a BA must be undertaken

in accordance with the procedure set out in regulations 19 to 20 of GNR 324.

It must be noted that Listing Notice 1 and Listing Notice 3 pertain to those activities which are deemed to have

a lesser environmental impact whilst those listed in Listing Notice 2 have a more significant impact on the

environment and accordingly, a more detailed and extensive level of assessment is required to be undertaken.

5.1.1 Identification of Listed Activities applicable to the Project

In terms of the information provided to us and interpreting the listed activities provided for in Listing 1, Listing 2

and Listing 3, no listed items are triggered by the proposed scope.

Therefore, in terms of the aforementioned, prior environmental authorisation is not required for the

continuation of the listed activities.

5.2 National Water Act (ACT NO. 36 of 1998)

The National Water Act (NWA), 1998 (Act 36 of 1998) is the primary statute providing the legal basis for water

management in South Africa and has to ensure ecological integrity, economic growth and social equity when

managing and using water.

Section 21 of the NWA specifies a number of water uses, including:

21(a) taking water from a water resource;

21(b) storing water;

21(c) impeding or diverting the flow of water in a watercourse;

21(d) engaging in a streamflow reduction activity contemplated in Section 36 of the Act;

21(e) engaging in a controlled activity identified as such in section 37(1) or declared under section

38(1);

21(f) discharging waste or water containing waste into a water resource through a pipe, canal, sewer,

sea outfall or other conduit;

21(g) disposing of waste in a manner which may detrimentally impact on a water resource;

21(h) disposing in any manner of water which contains waste from, or which has been heated in, any

industrial or power generation process;

21(i) altering the bed, banks, course or characteristics of a watercourse;

21(j) removing, discharging or disposing of water found underground if it is necessary for the efficient

continuation of an activity or for the safety of people; and

21(k) using water for recreational purposes.

These water uses require authorisation in terms of the NWA. Authorisation can be obtained through the

application for a Water Use License or registration of the water use activity in terms of the General

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Authorisation (GA) with the DWA. Section 22(1) of the NWS stipulates the conditions under which water use is

permitted.

In terms of Section 39 of the NWA, a procedure is available to enable the responsible authority to permit

specific water uses by publishing a GA in the Gazette. A GA can be restricted to a specific water resource, a

category of persons, a defined geographical area or a period of time. Despite registering a water use in terms

of the GA, conformity with other relevant laws are still required. The use of water under a GA does not require

a licence until the GA is revoked, in which case licensing will be necessary. A GA does not replace or limit an

entitlement to use water, such as an existing lawful water use or a licence, which a person may otherwise have

under the NWA.

5.2.1 Identification of Listed Activities applicable to the Project

Based on the various land uses proposed section 21 water uses are applicable especially for activities such

as, taking water from a water resource. The following water uses apply to the project:

21(a) taking water from a water resource;

21(b) storing water

21(c) impeding or diverting the flow of water in a watercourse;

21(i) altering the bed, banks, course or characteristics of a watercourse.

Integrated Water Used license application will be applicable.

5.3 National Environmental Management: Waste Act (ACT NO. 59 of 2008)

To reform the law regulating waste management in order to protect health and the environment by providing

reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically

sustainable development; to provide for institutional arrangements and planning matters; to provide for

national norms and standards for regulating the management of waste by all spheres of government; to

provide for specific waste management measures; to provide for the licensing and control of waste

management activities; to provide for the remediation of contaminated land; to provide for the national waste

information system; to provide for compliance and enforcement; and to provide for matters connected

therewith. These activities are listed as a result of their potential to have a significant detrimental impact on the

environment.

The National Environmental Management: Waste Act (NEMWA) (Act No. 59 of 2008) was promulgated on the

20th August 2008. This Act was enacted inter alia to:

reform the law regulating waste management in order to protect health and the;

environment by providing reasonable measures for the prevention of pollution and;

ecological degradation and for securing ecologically sustainable development; to

provide for institutional arrangements and planning matters; to provide for;

national norms and standards for regulating the management of waste by all;

spheres of government; to provide for specific waste management measures; to

provide for the licensing and control of waste management activities; to provide for;

the remediation of contaminated land; to provide for the national waste;

information system; to provide for compliance and enforcement.

The object of this Act is-

To protect health, well-being and the environment by providing reasonable measures for:

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minimising the consumption of natural resources;

avoiding and minimising the generation of waste; reducing, re-using, recycling and recovering waste;

treating and safely disposing of waste as a last resort;

preventing pollution and ecological degradation;

securing ecologically sustainable development while promoting justifiable economic and social

development;

promoting and ensuring the effective delivery of waste services;

remediating land where contamination presents, or may present, a significant risk of harm to health or

the environment; and

achieving integrated waste management reporting and planning;

to ensure that people are aware of the impact of waste on their health, well-being and the environment;

to provide for compliance with the measures set out in paragraph (a); and

generally, to give effect to section 24 of the Constitution in order to secure an environment that is not

harmful to health and well-being.

5.3.1 Identification of Listed Activities applicable to the Project

In terms of the above, none of the Waste Categories according to NEMWA are or will be of relevance to the

proposed Shaleng, Graeter Taung local municipality, rural water supply project, mainly based on the fact that

waste generation and treatment will not occur on site.

5.4 National Heritage Resources Act (ACT 25 OF 1999)

According to the National Heritage Resources Act of 1999 Section 38 requires any person who intends to

undertake a development categorised as—

(a) the construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or

barrier exceeding 300m in length to conduct a Phase 1 Heritage Impact Assessment

5.4.1 Identification of Listed Activities applicable to the Project

The proposed pipeline construction exceeds the length of 300m, thus a Phase 1 Heritage Assessment is

conducted and needs to be submitted to SAHARA.

5.5 The Constitution of South Africa Act, 1996 (Act No.108 of 1996)

The Constitution is the supreme law of South Africa, against which all other laws are measured; any laws in

conflict with it are therefore invalid. It protects certain fundamental rights which are, however, not absolute, and

may be limited in terms of law of general application to the extent that the limitation is reasonable and

justifiable in an open and democratic society based on human dignity, equality and freedom‟ (Section 36).

5.5.1 The Environmental Clause

One such fundamental right in Section 24 provides the basic framework for all environmental policy and

legislation, and it states:

“Everyone has the right –

a) to an environment that is not harmful to their health or well-being; and

b) to have the environment protected, for the benefit of present and future generations, through

reasonable legislative and other measures that –

I. Prevent pollution and ecological degradation;

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II. Promote conservation; and

III. Secure ecologically sustainable development and use of natural resources while promoting

justifiable economic and social development.”

It is however important to note that though an activity may be allowed in terms of an Act of Parliament or a

permit issued under a statute, it may still be declared unlawful if it is harmful to human health or well-being.

5.5.2 Access to Information

Section 32 provides that everyone has the right of access to any information held by the State or another

juristic person and that is required for the exercise or protection of any rights.

5.5.3 Just Administrative Action

Section 33 of the Constitution entrenches the right to lawful, reasonable and procedurally fair administrative

action, as well as written reasons for administrative actions that have adversely affected a person’s right.

5.5.4 Enforcement of Rights

In terms of Section 38, if any rights in the Bill of Rights have been infringed or threatened, a court may be

approached for assistance by a person acting individually; on behalf of another who is incapacitated; on behalf

of a group or class of persons; in the public’s interest, or as an association in the interests of its members.

5.6 Environmental Conservation Act, (Act No 73 of 1989)

In terms of section 20 (1) of the Environmental Conservation Act, 1989, (Act 73 of 1989), waste can only be

disposed of at a facility that has a permit issued by the Minister of Water Affairs and Forestry. The facility must

be sited, designed, operated and monitored strictly in accordance with the permit conditions. These conditions

will include the requirements, standards and procedures set out in the DWAF‟s waste management series.

It should be noted that section 20 (1) of the Environmental Conservation Act, 1989 has been amended in

terms of the issuing of waste disposal permits and exemptions is now the responsibility of the minister of

Environmental Affairs.

Section 24 of the Act allows the Minister to make regulation with respect to a number of waste management

issues and include the following regulations:

Disposal site application;

Directions for control and management of general and small waste disposal sites

Noise control regulations; and plastic bag Regulations

The waste will thus be subject to a permit issued under section 20 of the ECA.

5.7 The White Paper on Integrated Pollution and Waste Management for South Africa

Integrated pollution and waste management is a holistic and integrated system and process of management

aimed at pollution prevention and minimisation of source, managing the impact of pollution and waste of the

receiving environment and remediation damaged environments.

The White Paper on Integrated Pollution and Waste management for South Africa represent a paradigm shift

from dealing with waste only after it is generated (i.e.” end of pipe towards)

Pollution prevention

Waste minimisation

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Cross media integration

Institution integrated both horizontal and vertical, of department and spheres of government; and

Involvement of all sectors of society in pollution and waste management.

The government believes that pollution prevention is one of the most effective means of protecting South

Africa people and environment. Pollution prevention eliminates costly and unnecessary waste and promotes

sustainable development. It aims to reduce risks to human health and environment by trying to eliminate the

causes rather than treating the symptoms of pollution.

This Integrated Pollution and Waste Management for South Africa apply to all government institutions, society

at large and to all activities that impact on pollution and waste management. One of the fundamental

approaches of this policy is to prevent pollution, minimise waste and to control and remediate impacts. The

management of waste will be implemented in a holistic and integrated manner, and will extend over the entire

waste cycle, from “cradle to grave” including the generation, storage, collection, transportation, treatment and

final disposal of waste.

The government aims to:

Encourage the prevention and minimisation of waste generation and thus pollution at source;

Encourage the management and minimization of the impact of unavoidable waste from its generation

to its final disposal;

Ensure the integrity and sustained “fitness for use” of all environmental media, i.e. air, water and land;

Ensure that any pollution of the environment is remediated by holding the responsible parties

accountable;

Ensure environmental justice by integrating environmental considerations with the social, political and

development needs and rights of all sectors, communities and individuals; and

Prosecute non-compliance with authorizations and legislation.

5.8 Occupational Health and Safety Act, 1993 (Act 85 of 1993)

The Occupational Health and Safety Act 85 of 1993 is South Africa’s principle legislation concerning health

and safety of employees. It also aims to protect persons who are not at work against hazard to health and

safety arising out of or in connection with the activities of persons at work. The Act places the responsibility on

the employer to ensure a safe and healthy working environment and to cause every employee to be made

conversant with health and safety requirements relevant to their work. At the same time the Act places the

responsibility on the employee to follow its employer’s health and safety procedures and instructions. A

number of Regulations have been promulgated under the Act that is relevant to development including the

following:

General Administrative Regulations, 1994

Asbestos Regulations, 2001

Lead Regulations, 2003

Regulations for Hazardous Chemical Substances, 1995

Hazardous Biological Agents of 2001;

General Safety Regulations, 1986

Environmental regulations for workplaces (Department of Labour, 1994); and

Construction Regulations, 2003.

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6 Conclusion and Recommendations

In terms of the information provided to us and interpreting the listed activities provided for in Listing 1, Listing 2

and Listing 3, no listed items are triggered by the proposed scope.

Therefore, in terms of the aforementioned, prior environmental authorisation is not required for the

continuation of the listed activities.

It is important to notify the engineers and contactors that protected tree species Vachellia erioloba and Boscia

albitrunca do exist on site. Since this is a protected tree species, the removal thereof will have to be issued

with a DAFF permit obtained from Department of Agriculture, Forestry and Fisheries prior to commencement

of removal.

Based on the various land uses proposed section 21 water uses are applicable especially for activities such

as, taking water from a water resource, impeding or diverting the flow of water in a watercourse and altering

the bed, banks, course or characteristics of a watercourse. Therefore, the following water uses apply:

21(a) taking water from a water resource;

21(b) storing water;

21(c) impeding or diverting the flow of water in a watercourse;

21(i) altering the bed, banks, course or characteristics of a watercourse.

In terms of the above, none of the Waste Categories according to NEMWA are or will be of relevance to the

proposed Shaleng, Greater Taung local municipality, rural water supply project, mainly based on the fact that

waste generation and treatment will not occur on site.

The proposed pipeline construction exceeds the length of 300m, thus a Phase 1 Heritage Assessment is

conducted and needs to be submitted to SAHARA.

Section 28(1) of the National Environmental Management Act however make reference to the “duty of care”, it

is therefore recommended that an Environmental Control Officer (ECO) be appointed to monitor construction

activities and enforce environmental legislation through regular site visits.

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APPENDIX 1: DETAILS AND EXPERTISE OF ENVIRONMENTAL ASSESSMENT

PRACTITIONER

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EAP DETAILS

EAP: S E van Rooyen CONTACT DETAILS: Email: [email protected] Cell: 083 678 3032 ENVIRONMENTAL CONSULTING COMPANY: Environmental Management Group

P.O. Box 37473 Langenhoven Park 9330 Tel: 051 412 6350 Fax: 051 412 6351

EAP QUALIFICATIONS: Sampie van Rooyen has a MS.c in Environmental Sciences and over

5 years’ experience in the environmental industry. He is also registered with SACNASP reg no. 116554

CO- AUTHOUR DETAILS

NAME: Pieter Bester CONTACT DETAILS: [email protected] 0828263806 CO-AUTHOUR QUALIFICATIONS: Pieter Bester is a 2nd year Bsc Environmental science and

Geography Student at University of Pretoria.

NAME: Cassia Mlangeni CONTACT DETAILS: [email protected] 051 412 6350 CO-AUTHOUR QUALIFICATIONS: Cassia Mlangeni has a BSc Honours degree in Agrometeorology.

She has over 2 year’s environmental-related experience in projects covering environmental management aspects

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APPENDIX 2: MAPS

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APPENDIX 3: SITE LAYOUT PLAN AND PROPOSED WORKS

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