PRE-CONSTRUCTION ENVIRONMENTAL AUDIT REPORT DK SEF 1/NAT615.01 Audit... · Dyasonsklip Solar Energy Facility 1 NAT615/01 Cape EAPrac i Environmental Audit Report PRE-CONSTRUCTION

PRE-CONSTRUCTION

ENVIRONMENTAL

AUDIT REPORT

for

DYASONSKLIP SOLAR

ENERGY FACILITY 1

on

Remainder of the Farm Dyasonsklip 454.

In terms of the

National Environmental Management Act (Act

No. 107 of 1998, as amended) & 2014

Environmental Impact Regulations

Prepared for Applicant: Dyasonsklip Solar

Energy Facility 1 (Pty) Ltd

Date: 3 December 2019

Author of Report: Dale Holder

Author Email: [email protected]

Report Reference: NAT615/01

Department Reference: 14/12/16/3/3/2/705

APPOINTED ENVIRONMENTAL ASSESSMENT PRACTITIONER:

Cape EAPrac Environmental Assessment Practitioners

PO Box 2070

George

6530

Tel: 044-874 0365

Fax: 044-874 0432

Report written & compiled by: Dale Holder (ND Nature Conservation), who has fifteen years’

experience as an environmental practitioner.

Registrations: Director, Louise-Mari van Zyl (MA Geography & Environmental Science [US];

Registered Environmental Assessment Practitioner with the Interim Certification Board for

Environmental Assessment Practitioners of South Africa, EAPSA). Ms van Zyl has over nineteen

years’ experience as an environmental practitioner.

PURPOSE OF THIS REPORT:

Audit Report

APPLICANT:

Dyasonsklip Solar Energy Facility 1 (Pty) Ltd

CAPE EAPRAC REFERENCE NO:

NAT615/01

DEPARTMENT REFERENCE:

14/12/16/3/3/705

SUBMISSION DATE

03 December 2019

DOCUMENT TRACKING

DOCUMENT HISTORY

DOC REF REVISION DATE AUTHOR

NAT615/01 Draft for Review 2019-11-28 Mr Dale Holder

APPROVAL FOR RELEASE

NAME TITLE SIGNATURE

Mr Dale Holder Senior Consultant

DISTRIBUTION

DESIGNATION NAME PER

Competent Authority

Department of Environmental Affairs

Chief Director: Compliance and Monitoring

Environment House

473 Steve Biko Road

Arcadia

0001

Project Applicant

Dyasonsklip Solar Energy Facility 1 (Pty) Ltd

Mr Jan Fourie

Email: [email protected]

Address: 1 Dock Road, 2nd Floor North Wing, Waterway House, V&A Waterfront, Cape Town, 8002, South Africa

Dyasonsklip Solar Energy Facility 1 NAT615/01

Cape EAPrac i Environmental Audit Report

PRE-CONSTRUCTION ENVIRONMENTAL AUDIT REPORT

in terms of the

National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended & Environmental

Impact Regulations 2014

Dyasonsklip Solar Energy Facility 1

Remainder of the Farm Dyasonsklip 454

Submitted for:

Departmental Review

• This report is the property of the Author/Company, who may publish it, in whole, provided that:

• Written approval is obtained from the Author and that Cape EAPrac is acknowledged in the publication;

• Cape EAPrac is indemnified against any claim for damages that may result from any publication of

specifications, recommendations or statements that is not administered or controlled by Cape EAPrac;

• The contents of this report, including specialist/consultant reports, may not be used for purposes of sale

or publicity or advertisement without the prior written approval of Cape EAPrac;

• Cape EAPrac accepts no responsibility by the Applicant/Client for failure to follow or comply with the

recommended programme, specifications or recommendations contained in this report;

• Cape EAPrac accepts no responsibility for deviation or non-compliance of any specifications or

recommendations made by specialists or consultants whose input/reports are used to inform this report;

and

• All figures, plates and diagrams are copyrighted and may not be reproduced by any means, in any form,

in part or whole without prior written approved from Cape EAPrac.

Report Issued by:

Cape Environmental Assessment Practitioners

Tel: 044 874 0365 PO Box 2070

Fax: 044 874 0432 17 Progress Street

Web: www.cape-eaprac.co.za George 6530


Cape EAPrac ii Environmental Audit Report

ORDER OF REPORT

Environmental Audit Report

Appendix A : Environmental Authorisation – 03 September 2015

Appendix B : Affidavit from Holder of Environmental Authorisation

Appendix C : Proof of notification of I&AP’s

Appendix D : Written confirmation of No appeals

Appendix E Auditor CV and Company Profile

Appendix F Auditor declaration of independence


Cape EAPrac iii Environmental Audit Report

TABLE OF CONTENTS

1 INTRODUCTION ................................................................................................................................... 1

1.1 BACKGROUND TO THE SITE AND AUTHORISED PROJECT. ................................................................... 1

2 AUDIT REQUIREMENTS ..................................................................................................................... 1

3 ASSUMPTION, UNCERTAINTIES / GAPS IN KNOWLEDGE ............................................................ 2

4 COMPLIANCE AUDIT .......................................................................................................................... 2

5. INCONSITENCIES BETWEEN EA AND EMPR ................................................................................ 32

6. DISCSSION OF AUDIT FINDINGS .................................................................................................... 32

7. ENVIRONMENTAL IMPACTS OF NON-COMPLIANCE ................................................................... 32

8. SUPPORTING EVIDENCE OF COMPLIANCE .................................................................................. 32

9. STAKEHOLDER ENGAGEMENT ...................................................................................................... 33

10. RECOMMENDED ACTIONS .............................................................................................................. 33

11. CONCLUSION .................................................................................................................................... 34

FIGURES

Figure 22: Excerpt from EA notification, showing date of EA was included in the letter. ............................. 32

Figure 23: Excerpt from EA notification showing that the appeal procedure was included in the letter. .... 32

Figure 24: EA Notification Emails showing that full copy of the EA was attached with the notification. ...... 33

Figure 25: Excerpt from the EA advert showing that copies of the EA were available upon request. ......... 33

Figure 26: Excerpt from EA advert showing appeal procedure................................................................... 33

Figure 27: Excerpt from final EIR showing that the shapefile of the development layout was submitted to

the competent authority. ................................................................................................................................ 33

TABLES

Table 1: Content of an Environmental Audit .................................................................................................. iv

Table 2: Component sizes of the proposed Dyasonsklip Solar Energy Facility 1. ......................................... 1

Table 3: Compliance Audit of EA issued 05 September 2015 ........................................................................ 4

Table 4: Supplementary evidence of compliance ........................................................................................ 32


Cape EAPrac iv Environmental Audit Report

CONTENT OF AN ENVIRONMENTAL AUDIT REPORT

This audit report is submitted in terms of Regulation 54A(3)

Appendix 7 of Regulation 982 of the 2014 EIA Regulations contains the required contents of an

Environmental Audit Report. The checklist below serves as a summary of how these requirements were

incorporated into this Audit Report.

Table 1: Content of an Environmental Audit

Requirement Description

(1) An Environmental audit report prepared in terms of these Regulations must contain -

Details of – The independent person who prepared the environmental audit report; and The expertise of independent person that compiled the environmental audit report.

The report has been prepared by Dale Holder of Cape Environmental Assessment Practitioners (Cape EAPrac). Mr Holder has a ND Nature Conservation and has 15 years’ experience as an environmental practitioner. The Auditors CV and Company Profile is included as Appendix F of this report.

A declaration that the independent auditor is independent in a form as may be specified by the competent authority.

See Appendix F for Auditors declaration

An indication of the scope of, and the purpose for which, the environmental audit report was prepared.

See Section 1

A description of the methodology adopted in preparing the environmental audit report.

The report is based on evaluation of the activities taken place to date in relation to the review of the Environmental Authorisation (EA) and Environmental Management Programme (EMPr).

An indication of the ability of the EMPr, and where applicable the closure plan to –

- Sufficiently provide for the avoidance, management and mitigation of environmental impacts associated with the undertaking of the activity on an on-going basis;

- Sufficiently provide for the avoidance, management and mitigation of environmental impacts associated with the closure of the facility; and

- Ensure compliance with the provisions of environmental authorisation, EMPr, and where applicable, the closure plan.

In this instance, the EMPr for this particular project is not yet approved. As such, this audit does not include an evaluation of compliance and ability of the EMPr to manage impacts.

A description of any assumptions made, and any uncertainties or gaps in knowledge.

Refer to Section 3

A description of any consultation process that was undertaken during the course of carrying out the environmental audit report.

Consultation was undertaken with the Holder of the EA in order to obtain supporting evidence of compliance. Registered I&AP’s are to be notified that an Audit Report has been submitted to the competent authority.

A summary and copies of any comments that were received during any consultation process.

Not Applicable

Any other information requested by the competent authority. Not Applicable.


Cape EAPrac 1 Environmental Audit Report

1 INTRODUCTION

Cape Environmental Assessment Practitioners (Cape EAPrac) has been appointed by Dyasonsklip

Solar Energy Facility 1 (Pty) Ltd, as the independent Auditor to compile an Environmental Audit Report

in compliance with Regulation 54A(3).

The EA was issued after a Scoping and Environmental Impact Assessment Process was followed for

the construction of a solar PV energy facility on the Remainder of the Farm Dyasonsklip 454. No

amendments of the EA have taken place to date.

It must be noted that the authorised project has not commenced with construction. As such, this Audit

specifically addresses compliance aspects related to the pre-construction phase of the development.

Furthermore, the EMPr for this project has not yet been approved. This Audit therefore audits

compliance with the Pre-construction requirements of the EA and FEIR only.

1.1 BACKGROUND TO THE SITE AND AUTHORISED PROJECT.

The property, remainder of the farm Dyasonsklip 454, is located in the ZF Mgcawu district of the Northern

Cape Province, within the jurisdiction area of the Kai !Garib Local Municipality. The property is

approximately 5725ha is size and is located approximately 22km west southwest of Upington and 15km

northeast of Keimoes.

The topography is generally flat and has low relief form. The slope gradient is between 0 and 2% with a

concave shape. Higher ground drains towards multiple depressions (seasonal washes), forming

waterways towards the Gariep River.

Dyasonsklip Solar Energy Facility 1 (Pty) Ltd (previously RE Capital 11 (Pty) Ltd) as a Solar Energy

Independent Power Producer (IPP), is proposing the establishment of a commercial solar energy facility

on a site within the Northern Cape to be known as the Dyasonsklip Solar Energy Facility 1. The project

is planned to be located on the Remainder of Farm Dyasonsklip 454, with a maximum electricity

generation capacity of 75 MWAC.

The proposed facility has a planned maximum electricity generation capacity of 75 MWAC with an

estimated footprint between 200 and 240ha (the facility will not exceed 240ha).

The estimated portion of land each component of the facility will typically occupy is summarised in the

table below (with the average area taken as 200ha):

Table 2: Component sizes of the proposed Dyasonsklip Solar Energy Facility 1.

Component Estimated extent of each 75 MW plant

Percentage of selected area (+ 200 ha)

Percentage of whole farm (±5725 ha)

PV modules 180 ha (1.8 km2) 90% 3%

Internal roads 18 ha (0.18 km2) 9% 0.31%

Auxiliary buildings 2 ha ( 0.02 km2) 1% less than 0.1%

The proposed infrastructure that is planned to be constructed includes CPV modules, or a series of

solar PV arrays, inverters, internal electrical reticulation, and an internal road network. It will also

be necessary to construct an onsite substation which would typically include a transformer to allow

the generated power to be connected to Eskom’s electricity grid. Auxiliary buildings, including

ablution, workshops, storage areas and fencing are planned to be erected.

Various layout alternatives for the abovementioned components were considered. The preferred

alternative was authorised in the EA of 03 September 2015.

2 AUDIT REQUIREMENTS

It should be noted that this audit is undertaken in terms of Regulation 54A(3) as amended of the 2014

Environmental Regulations and not in terms of a condition of the EA (Appendix A).



In terms of Regulation 54A(3) all projects authorised in terms of the previous regulations need to be

audited by 07 December 2019. Such an audit must be done in compliance with Section 34(1) of the

Regulations which states that the Holder of an EA must, for the period during which the EA and EMPr

remains valid:

a) Ensure that the compliance with the conditions of the EA and EMPr, is audited; and

b) Submit and environmental audit report to the relevant competent authority.

Section 34(2) details the contents of an audit:

a) The audit report must be prepared by an independent person with the relevant environmental

auditing expertise;

b) Provide verifiable findings on:

a. The level of performance against and compliance of the project with the provisions of

the requisite EA and EMPr; and

b. The ability of the measures contained in the EMPr, to sufficiently provide for the

avoidance, management and mitigation of environmental impacts with the undertaking

of the activity.

c) Comply with the specifications of Appendix 7 of the 2014 Regulations as amended;

d) Be conducted and submitted to the competent authority at intervals as indicated in the EA.

Section 34(3) states that the audit must determine:

a) The ability of the EMPr to sufficiently provide for the avoidance, management and mitigation of

environmental impacts associated with the undertaking of the activity on an ongoing basis;

b) The level of compliance with the provisions of the EA and EMPr.

Section 34(4) specifies that the findings of the audit must submit recommendations to amend the EMPr,

if necessary should:

a) Insufficient mitigation of environmental impacts associated with the undertaking of the activity

be clear;

b) Insufficient levels of compliance with the EA/EMPr be obvious.

According to Section 34(5), in the event that any amendments to the EMPr are necessary, such

recommendations (as stipulated in Section 34(4)) must be subjected to public participation as agreed to

with the competent Authority.

3 ASSUMPTION, UNCERTAINTIES / GAPS IN KNOWLEDGE

Because construction of the authorised activity has not yet commenced, there are no significant

assumptions or uncertainties. All outcomes of this audit are based on factual information.

4 COMPLIANCE AUDIT

The project was authorised on 03 September 2015. This audit deals with the pre-construction conditions

specified by DEA in the EA. It must be noted that the EMPr for this project is not approved and as such,

this report does not audit compliance with the EMPr.

As a quick reference, Full compliance with each EA condition is highlighted in green, partial compliance

in orange and non-compliance in red. Conditions that are not auditable or not applicable to the site are



reflected in blue along with the findings as to why such conditions cannot be audited. Conditions where

compliance is still pending are reflected in yellow along with the assumptions made in this regard.1

✓ Indicates that the item is fully complied with and / or completed with the particular condition.

✓ Indicates a partial compliance along with the reasons therefore.

Indicates a serious or ongoing non-compliance requiring immediate attention.

Indicates items that cannot necessarily be audited or are not applicable to the specified site.

Indicates items where compliance still pending.

1 Actions reflected as “none” refer to actions required in terms of this audit (i.e. at this stage). Actions in terms

of these conditions may be required in the future to ensure compliance



Table 3: Compliance Audit of EA issued 05 September 2015

Condition # Description Compliance Action Required

1

The construction of the Dyasonsklip Solar

Energy Facility 1 on the Remainder of the

Farm Dyasonsklip 454 near Upington

within the Kai !Garib Local in the Northern

Cape Province is approved as per the

above geographic coordinates.

✓

This condition is explicitly related to the construction of the

proposed facility. Please refer to the Affidavit from the Holder

of the EA attached as Appendix B as proof that construction

has not commenced nor have any physical actions in

furtherance of the authorised activities taken place on site.

None

2

Authorisation of the activity is subject to the

conditions contained in this authorisation,

which form part of the environmental

authorisation and are binding on the holder

of the authorisation.

This condition constitutes a statement of requirements and is

not auditable. The outcome of the final audit for this project

will determine whether this condition has been achieved.

None

3

The holder of the authorisation is

responsible for ensuring compliance with

the conditions contained in this

environmental authorisation. This includes

any person acting on the holder’s behalf,

including but limited to, an agent, servant,

contractor, sub-contractor, employee,

consultant or person rendering a service to

the holder of the authorisation.

This is a general requirement that cannot be audited. None

4

The activities authorised may only be

carried out at the property as described

above.

✓

No physical activities have taken place on the Remainder of

the Farm Dyasonsklip 454. Please refer to the Affidavit from

the Holder of the EA attached as Appendix B as proof that

construction has not commenced nor have any physical

actions in furtherance of the authorised activities taken place

on site.

None




5

Any changes to, or deviations from, the

project description set out in this

authorisation must be approved, in writing,

by the department before such changes or

deviations may be affected. In assessing

whether to grant such approval or not, the

department may request such information

as it deems necessary to evaluate the

significance and impacts of such changes

or deviations and it may be necessary for

the holder of the authorisation to apply for

further authorisation in terms of the

regulations.

✓

The final site layout map referred to in condition 12 of the EA

has not yet been developed. Only at the stage when this

layout plan is developed will one be able to audit whether

there are any changes or deviations to the project

description. At the time of this audit, the holder of the EA is

deemed to be compliant with this condition, as no physical

activities have taken place in furtherance of the authorisation.

Please refer to the Affidavit from the Holder of the EA

attached as Appendix B as proof that construction has not

commenced nor have any physical actions in furtherance of

the authorised activities taken place on site.

None currently. Future actions would be to ensure that the final layout map submitted in compliance with condition 12 of the EA is fully aligned with the project description in the EA.

6

This activity must commence within a

period of five (05) years from the date of

issue of this authorisation. If

commencement of the activity does not

occur within that period, the authorisation

lapses and a new application for

environmental authorisation must be made

in order for the activity to be undertaken

✓

The activity was authorised 03 September 2015 and is valid

for 5 years from this date. The EA is thus currently valid and

remains in force until 03 September 2020.

None

7

Commencement with one activity listed in

terms of this authorisation constitutes

commencement of all authorised activities.

✓

The holder of the EA has not yet commenced with any

physical activities in furtherance of the authorised activities.

The EA is still in force and as such the holder of the EA is

currently compliant with this condition. Please refer to the

Affidavit from the Holder of the EA attached as Appendix B

as proof that construction has not commenced nor have any

physical actions in furtherance of the authorised activities

taken place on site

None




8

The holder of the environmental authorisation must notify the competent authority of any alienation, transfer and change of ownership rights in the property on which the activity is to take place.

✓ Please refer to Appendix B confirming that there has been no alienation, transfer nor change of ownership rights in the property on which the activity is to take place.

None

9

The holder of the authorisation must notify every registered interested and affected party, in writing and within 12 (twelve) calendar days of the date of this environmental authorisation, of the decision to authorise the activity.

✓

All I&APs were notified of the EA on 11 September 2015. This is within the 12 day period required by this condition, as the EA was granted on 03 September 2019. Please refer to Appendix C for proof of notification to I&APs.

None

10 The notification referred to must-

10.1. specify the date on which the authorisation was issued;

✓ The EA notification letter of 11 September 2015, included the date of the EA. Please refer to Figure 1.

None

10.2. inform the interested and affected party of the appeal procedure provided for in chapter 7 of the Environmental Impact Assessment Regulations, 2010;

✓ The appeal procedure was detailed in the notification letter of 11 September 2015. Please refer to Figure 2

None

10.3. advise the interested and affected party that a copy of the authorisation will be furnished on request;

✓ The EA notification of 11 September 2015 included a copy of the Environmental Authorisation. Please refer to Figure 3

None

10.4 give the reasons of the competent authority for the decision.

✓ The EA notification of 11 September 2015 included a copy of the Environmental Authorisation which includes the reasons for decision. Please refer to Figure 3

None

11

The holder of the authorisation must publish a notice;

11.1. informing interested and affected

parties of the decision; ✓

This Advertisement was published in “die gemsbok” regional

newspaper on 18 September 2015. A copy of this advert is

attached in Appendix C.

None




11.2. informing interested and affected

parties where the decision can be

accessed; and

✓ The EA advert contained details of where the EA was

available upon request. Please see Figure 4 None

11.3 drawing the attention of interested and affected parties to the fact that an appeal may be lodged against this decision in the newspaper(s) contemplated and used in terms of regulation 54(2)(c) and (d) and which newspaper was used for the placing of advertisement as part of the participation process.

✓ The EA advert contained details of the appeal procedure. Please refer to Figure 5.

None

12

A copy of the final development layout map must be made available for comments by registered Interested and Affected Parties and the holder of this

environmental authorisation must consider such comments. Once amended, the final development layout map must be submitted to the Department

for written approval prior to commencement of the activity. All available information must be used in the finalisation of the layout map. Existing

infrastructure must be used as far as possible e.g. roads. The layout map must include the following:

12.1. Position of solar facilities and its associated infrastructure;

The final site layout development layout map has not yet been developed as of yet. Please refer to the Affidavit from the holder of the EA attached in Appendix B for confirmation that this will only take place after the detailed design of the facility is complete.

None

12.2. All sensitive features e.g. heritage sites, wetlands, pans, and drainage channels that will be affected by the facility and its associated infrastructure;


None

12.3 All existing infrastructure on the site, e.g. roads, building, substations, powerlines etc; and;


None

12.4. All “no-go” and buffer areas. The final site layout development layout map has not yet been developed as of yet. Please refer to the Affidavit from the holder of the EA attached in Appendix B for confirmation

None




that this will only take place after the detailed design of the facility is complete.

13

Furthermore, a shapefile of the

development layout/footprint must be

submitted to this Department within two

months from the date of this decision. The

shapefile must be created using the

Hartebeesthoek 94 Datum and the data

should be in Decimal Degree Format using

the WGS 84 Spheroid. The shapefile must

include at a minimum the following

extensions i.e. shp; shx; .dbf; .prj; and xml

(Metadata). If specific symbology was

assigned to the file, then the .avl and/or the

.lyr file must be included. Data must ve

mapped at a scale of 1:10 000 or specify if

an alternative scale was used. The

metadata must include a description of the

base data used for digitizing. The shapefile

must be submitted in a zip file using the

EIA application reference number as the

title. The shapefile must be submitted to:

Postal Address:


Private Bag X447

Pretoria

0001

Physical Address:


Environment House

473 Steve Biko

✓

The shapefile of the development layout was submitted to the

Department on the CD that was submitted along with the

Final EIR. Please refer to page 13 of the Final EIR for

confirmation in this regard. Please refer to Figure 6 for an

excerpt of this confirmation.

The holder of the EA must

also submit a Shapefile of the

Final Layout footprint, once

the layout plan in condition

12 is complete (This is a

future requirement and not

applicable at this stage).




Arcadia

Pretoria

For Attention: Mr Muhammad Essop

Integrated Environmental Authorisations

Strategic Infrastructure Developments

Telephone Number: (012) 399 9406

Email Address:

[email protected]

14

The Environmental Management

Programme (EMPr) submitted as part of

the EIAr is not approved and must be

amended to include measures as dictated

by the final site layout map and micro-

sitting, and provisions of this

environmental authorisation. The EMPr

must be made available for comments by

registered Interested and Affected Parties

and the holder of this environmental

authorisation must consider such

comments. Once amended, the final EMPr

must be submitted to the Department for

written approval prior to the

commencement of the activity. Once

approved the EMPr must be implemented

and adhered to.

The amended EMPr and associated plans have not yet been

prepared. The finalisation of this document is subject to the

Site Layout plan in condition 12. At this point in time the

holder of the EA is deemed compliant, as this revised EMPr

only needs to be submitted for approval prior to

commencement of construction. Please refer to the Affidavit

in Appendix B, confirming that no construction has

commenced on site.

None currently. This

condition will however have

to be complied with prior to

construction.

15

The EMPr amendment must include the following:

15.1. All recommendations and mitigation

measures recorded in the EIAr and










specialist studies attached as part of the

EIAr.




commenced on site.


construction.

15.2. The requirements and conditions of

this environment authorisation.








commenced on site.




construction.

15.3. An alien invasive management plan

to be implemented during construction and

operation of the facility. The plan must

include mitigation measures to reduce the

invasion of alien species and ensure that

the continuous monitoring and removal of

alien species is undertaken.








commenced on site.

It must be noted that an alien invasive management plan did

form part of the Final EIR (Appendix F3). This plan would

need to be re-included in the amended EMPr once it is

compiled.




construction.

15.4. A plant rescue and protection plan

which allows for the maximum transplant

of conservation important species from

areas to be transformed. This plan must be

compiled by a vegetation specialist familiar









construction.




with the site in consultation with the ECO

and be implemented prior to

commencement of the construction phase.



commenced on site.

It must be noted that a plant rescue and protection plan did

form part of the Final EIR (Appendix F1). This plan would

need to be re-included in the amended EMPr once it is

compiled.

15.5. A re-vegetation and habitat

rehabilitation plan to be implemented

during construction and operation of the

facility. Restoration must be undertaken as

soon as possible after completion of

construction activities to reduce the

amount of habitat converted at any one

time and speed up the recovery to natural

habitats.

The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site. It must be noted that a revegetation and rehabilitation plan did form part of the Final EIR (Appendix F2). This plan would need to be re-included in the amended EMPr once it is compiled.




construction.

15.6. A storm water and wash water

management plan to be implemented

during the construction and operation of

the facility. The plan must ensure

compliance with applicable regulations

and prevent off-site migration of

contaminated storm water or increased

soil erosion. The plan must include the

construction of design measures that allow

surface and subsurface flows. Drainage

measures must promote the dissipation of

storm water run-off.

The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site. It must be noted that stormwater and wash-water management plan did form part of the Final EIR (Appendix D7). This plan would need to be re-included in the amended EMPr once it is compiled.




construction.




15.7. An erosion management plan for

monitoring and rehabilitating erosion

events associated with the facility. Erosion

mitigation must form part of this plan to

prevent and reduce the risk of any potential

erosion.

The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site.




construction.

15.8. An effective monitoring system to detect any leakage or spillage of any hazardous substances during their transportation, handling, use, or storage. This must include precautionary measures to limit the possibility of oil and other toxic liquids from entering the soil or storm water systems.


None currently. This condition will however have to be complied with prior to construction.

15.9 Measures to protect hydrological features such as streams, rivers, pans, wetlands, dams, and their catchments, and other environmental sensitive areas from construction impacts including the direct or indirect spillage of pollutants.



15.10. A fire management plan to be implemented during the construction and operation of the facility.



15.11. An environmental sensitivity map indicating environmentally sensitive areas and features identified during the EIA process.

The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the





Affidavit in Appendix B, confirming that no construction has commenced on site.

15.12. The final site layout map.



15.13. The final layout map superimposed (overlain) on the environmental sensitivity map. This map must reflect the approved location of the PV as stated in the EIAr and this environmental authorisation.



16

The final amended EMPr (once approved)

must be implemented and strictly enforced

during all phases of the project. It must be

seen as a dynamic document and must be

included in all contract documentation for

all phases of the development when

approved.

The final EMPr has not yet been approved and as such, compliance with this condition is not yet applicable.


17

Should the holder of this environmental

authorisation propose any changes to the

EMPr, the holder of this environmental

authorisation must undertake the required

actions as prescribed by legislation at this

time and comply with all relevant legal

requirements administered by any relevant

and competent authority at that time.

The holder of the EA has not proposed any changes to the EMPr.

None




18

The department reserves the right to

amend the approved EMPr should any

impacts that were not anticipated or

covered in the EIAr be discovered.

This is a Departmental right and compliance therewith cannot

be audited. None

19

The holder of this environmental

authorisation must appoint an independent

and qualified Environmental Control

Officer (ECO) with experience or expertise

in undertaking ECO functions. The ECO

will have the responsibility to ensure that

the conditions referred to in this

environmental authorisation are

implemented and to ensure compliance

with the provisions of the approved EMPr.

The holder of the EA has not yet appointed an ECO.

Compliance with this condition need only take place prior to

construction.

Please refer to the Affidavit in Appendix B confirming that

construction has not yet commenced.




construction.

20 The ECO must be appointed before

commencement of any authorised activity.



construction.






construction.

21

Once appointed, the name and contact

details of the ECO must be submitted to

the Director: Compliance Monitoring of this

Department.



construction.






construction.

22

The ECO must meet with the contractors

to discuss the conditions of the EA and the

contents of the EMPr prior to any site

clearing occurring.



construction.




construction.






23

The ECO must remain employed until all

rehabilitation measures, as required for

implementation due to construction

damage, are completed and the site is

ready for operation.



construction.






construction.

24

Records relating to monitoring and

auditing must be kept on site and made

available for inspection to the competent

authority in respect of this development.



construction.






construction.

25

The duties of the ECO must include the following:

✓

25.1 Keeping record of all activities on site, problems identified, transgressions noted and a schedule of tasks undertaken by the ECO.



construction.

Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None currently. This condition will however have to be complied with during construction.

25.2. Keeping and maintaining a detailed incident ( including spillage of bitumen, fuels, chemicals, or any other material) and complaint register on site indicating how these issues were addressed, what rehabilitation measures were taken and what preventative measures were implemented to avoid re-occurrence of incidents/complaints.



construction.






25.3. Keeping and maintaining a site diary.



construction.



25.4. Keeping copies of all reports submitted to the department.



construction.



25.5. Keeping and maintaining a schedule of current site activities including the monitoring of such activities.



construction.



25.6. Obtaining and keeping record of all documentation, permits, licences and authorisations such as waste disposal certificates, hazardous waste landfill site licences etc. required by this facility.



construction.



25.7. Compiling a monthly monitoring report.



construction.



26

The holder of this environmental

authorisation must keep all records

relating to monitoring and auditing on site

and make them available for inspection to

As the construction of this facility has not yet taken place, no

monitoring has taken place per date. Please refer to the

Affidavit in Appendix B for confirmation that construction has

not yet commenced.

It is recommended that the

competent authority provide

clarity / confirmation of the

project phases where this




any relevant and competent authority in

respect of this development.

This Audit report, constitutes the first audit in respect of this

EA. A copy of this Audit will thus have to be kept on site and

made available for inspection.

Prior to commencement of construction, there will be no

facilities on site where copies of this Audit can be kept (the

site is vacant). While we assume the intent of this condition

is applicable to the construction and operational phases, the

wording is not clear in this respect.

condition would be

applicable.

27

All documentation e.g. audit/monitoring/compliance reports and notifications, required to be submitted to the Department in terms of this environmental authorisation, must be submitted to the Director: Compliance Monitoring at this Department.

✓

This audit report constitutes the first auditing/monitoring/compliance report and is herewith submitted to the Director: Compliance Monitoring.

None

28.

The holder of his environmental authorisation must submit an environmental audit report to the Department within 30 days of completion of the construction phase (i.e. within 30 days of site handover) and within 30 days of completion of rehabilitation activities.

The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the affidavit in Appendix B confirming that construction has not yet commenced.

None

29

The environmental audit report must:

29.1 Be compiled by an independent auditor

This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None




29.2. indicate the date of the audit, the name of the auditor and outcome of the audit;


None

29.3. Evaluate compliance with the requirements of the approved EMPr and this environmental authorisation.


None

29.4. Include measures to be implemented to attend to any non-compliances or degradation noted;


None

29.5. Include copies of any approvals granted by other authorities relevant to the development for the reporting period;


None




29.6. Highlight any outstanding environmental issues that must be addressed, along with recommendations for ensuring these are addressed;


None

29.7 Include a copy of this environmental authorisation and the approved EMPr.


None

29.8. Include all documentation such as waste disposal certificates, hazardous waste landfill site licences etc. pertaining to this environmental authorisation; and


None

29.9. Include evidence of adherence to the conditions of this environmental authorisation and the approved EMPr where relevant such as training records and attendance records.


None




30

The authorisation activity must not commence within twenty (20) days of the date of signature of the environmental authorisation

✓

The EA was issued on 03 September 2015 and construction has not yet commenced (more than 4 years later). Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

31

A written notification of commencement must be given to the Department no later than fourteen (14) days prior to the commencement of the activity. Commencement for the purposes of this condition includes site preparation. The notice must include a date on which it is anticipated that the activity will commence. This notification period may coincide with the Notice of Intent to Appeal period.

The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, prior to construction. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

32

A written notification of operation must be given to the Department no later than fourteen (14) days prior to the commencement of the activity operational phase.

The construction phase of this development (ad as a result, the operational phase) has not yet commenced. As such, this condition will only become applicable at a later stage, prior to operation of the facility. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

33.

Should the activity ever cease or become redundant, the holder of this environmental authorisation must undertake the required actions as prescribed by legislation at the time and comply with all relevant legal requirements administered by any relevant and competent authority at that time.

The activity has not yet physically commenced. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced. Consideration and compliance with this condition is only applicable after the lifespan of the project once completed (i.e. after the lapsing of the power purchase agreement).

None

34

The footprint must be limited to the areas required for actual construction works and operational activities. Vegetation clearing must be limited to the required footprint.

The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity.

None





35

Areas outside of the development footprint, including sensitive areas and buffer areas, must be clearly demarcated (using fencing and signage) before construction commences and must be regarded as “no-go” areas. Contractors and constructions workers must be clearly informed of the no-go areas.

The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

36

The holder of this environmental authorisation must train safety representatives, managers and workers on workplace safety. The construction process must be compliant with all safety and health measures as prescribed by the relevant act.


None

37

Before clearing of the site, permits must be obtained from the Department of Agriculture, Forestry and Fisheries (DAFF) for the removal of plants listed in the National Forest Act and from the relevant provincial department for the destruction of species protected in terms of the specific provincial legislation. No construction activities can commence without having obtained the necessary permits for threatened or protected species (ToPS) listed and provincially protected species within the study area. Copies of the permits must be kept by the ECO.

The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, prior to the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

38

All areas of disturbed soil must be reclaimed using only indigenous grass and shrubs. Reclamation activities must be undertaken according to the


None




rehabilitation plan to be included in the final EMPr.


39 Topsoil from all excavations and construction activities must be salvaged and reapplied during reclamation.


None

40

Watercourse outside the approved footprint/layout must be treated as “no-go” arears and demarcated as such. No vehicles, machinery, personnel, construction material, fuel, oil, bitumen or waste must be allowed into these areas without the express permission of and supervision by the ECO, except for rehabilitation work in these areas.


None

41

Underground cables and internal access roads must be aligned as much as possible along existing infrastructure to limit damage to vegetation and watercourse.


None

42 Anti-erosion measures such as silt fences must be installed in disturbed areas.


None

43

Cleared alien vegetation must be temporarily stored in a demarcated area. Once clearing is completed, they must be moved to a licenced waste disposal.


None





44

Signs must be placed along construction roads to identify speed limits, travel restrictions, and other standard traffic control information.


None

45 Roads must be designed such that, changes to surface water runoff are avoided and erosion is not initiated.

The construction phase of this development has not yet commenced. Detailed design of roads will only take place once the project is selected as a preferred bidder in terms of the REIPPPP. As such, this condition will only become applicable at a later stage, prior to the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

46

Should abnormal loads have to be transported by roads to site, a permit must be obtained from the relevant Provincial and National Transport Authority.

The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

47

Leakage of fuel must be avoided at all times and if spillage occurs, it must be remedied immediately. Spill kits must be made available on site for the clean-up of spills.


None

48

No dumping or temporary storage of any materials may take place outside designated and demarcated laydown areas, and these must be all located

The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity.

None




within areas of low environmental sensitivity.


49 Hazardous substances must be stored in a bunded and designated area to avoid accidental leakage into the environment.


None

50

An integrated waste management approach must be implemented that is based on waste minimisation. Where waste is disposed of, such disposal must only occur at a landfill licenced in terms of the National Environmental Management Act, 2008 (Act 59 of 2008).


None

51

The holder of this environmental authorisation must take not that no temporary site camps will be allowed outside the footprint of the development area as the establishment of such structures might trigger a listed activity as defined in the Environmental Impact Assessment Regulations, 2010.


None

52

Foundations and trenches must be backfilled with originally excavated material as much as possible. Excess excavation materials must be disposed of only in approved areas or, if suitable, stockpiled for use in reclamation activities.


None

53 Borrow material must be obtained only from authorised and permitted sites. Permits must be kept on site by the ECO.

The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity.

None





54

Dust suppression techniques must be implemented on all exposed surfaces during the construction phase. Such measures may include wet suppression, chemical stabilisation, the use of a wind fence, covering surfaces with straw chippings and re-vegetation of open areas.


None

55

The holder of this environmental authorisation must reduce visual impacts during construction by minimising areas of surface disturbance, controlling erosion, using dust suppression techniques and restoring exposed soil as closely as possible to their original contour and vegetation.


None

56

Any vegetation clearing that needs to take place as part of maintenance activities (during the operational phase of the approved development), must be done in accordance to the approved EMPr.

The construction phase of this development has not yet commenced. The maintenance activities referred to in this condition will only take place after construction. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

57

Monitoring for erosion must take place to ensure that no erosion problems are occurring at the site as a result of the roads and other infrastructure. All erosion problems observed must be rectified as soon as possible as outlined in the erosion management plan within the EMPr.

The construction phase of this development (including roads and infrastructure referred to in this condition) has not yet commenced. The monitoring and rectification activities referred to in this condition will only take place during construction of the roads and other infrastructure. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None




58

Kerbs and storm water channels must be designed in such a way that they can allow small animals and reptiles to move freely.

Detailed design of roads (inclusive of kerbs and stormwater channels) will only take place once the project is selected as a preferred bidder in terms of the REIPPPP. As such, this condition will only become applicable at a later stage, prior to the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

59

The holder of this environmental authorisation must comply with the Conservation of Agricultural Resources Act, 1993 (Act No. 43 of 1983) articles 7.1 and (3) b of regulation 9238.

The applicability of this condition (particularly in relation to Article 3b) to the applicant is not clear. Article 7.1 of CARA states: Subject to the provisions of the Water Act, 1956 (Act 54 of 1956), and subregulation (2) of this regulation, no land user shall utilise the vegetation in a vlei, marsh or water sponge or within the flood area of a water course or within 10 metres horizontally outside such flood area in a manner that causes or may cause the deterioration of or damage to the natural agricultural resources. The land user in this instance is deemed to be the Holder of the EA, in which case this requirement only becomes applicable during the construction phase when “utilisation” of land takes place. Article (3)b states: (3) Except on authority of a written permission by the executive officer, no land user shall- (b) cultivate any land on his farm unit within the flood area of a water course or within 10 metres horizontally outside the flood area of a water course. This article is specifically applicable to cultivation. Cultivation activities are not proposed as part of this application.

The competent authority should provide clarification on the applicability of Article (3) b of regulation 9238 to this project.




60

Top soil and subsoil must be stock piled separately and replaced according to the correct profile. i.e. topsoil replaced last. Stockpiles must not be situated such that they obstruct natural water pathways and drainage.

The construction phase of this development (which would include excavations generating topsoils and subsoils) has not yet commenced. The separation and stockpiling activities referred to in this condition will only take place during the construction phase of the development. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

61

Top soil stockpile must not exceed 2m in height, stockpiles older than 6 months must be enriched before they can be used to ensure the effectiveness of topsoil.

The construction phase of this development (which would include excavations generating topsoils and subsoils) has not yet commenced. T The separation and stockpiling activities referred to in this condition will only take place during the construction phase of the development. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

62 Any fauna directly threatened by the construction activities must be removed to a safe location by a qualified person.

The construction phase of this development has not yet commenced. Faunal relocation activities will only take place during the construction phase of the development. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

63

The washing of panels during maintenance must be done with biodegradable soaps to avoid soil contamination and poisoning of small animals.

Maintenance activities, including the washing of panels, will only take place after construction is completed. The construction phase of this development has not yet commenced. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None




64

Lighting for both the construction period and through the operation of the facility must be of low pressure sodium type, preferable yellow. All perimeter and security lighting must be attached to motion detectors, and must be dark-sky friendly.

The construction (and operational) phase of this development has not yet commenced. Such condition is only applicable to the detailed designs that will take place prior to construction (and only implemented during construction and operation) Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

65

Electric fencing must not have any strands within 30cm of the ground, which must be sufficient to allow smaller mammals, reptiles and tortoises to pass through ( tortoises retreat into their shells when electrocuted and eventually succumb from repeated shocks), but still remain effective as security barrier.

The construction phase of this development has not yet commenced. As a result, no fencing has been installed on site. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

66

All new power lines must be marked with bird flight diverters along their entire length. To create a net benefit, where possible, the new lines must run parallel to existing marked lines so as to reduce the collision risk posed by the older lines. The poles must be fitted with bird perches on top of the poles to draw birds, particularly vultures away from the potential risk insulators. All pylons to be constructed must make use of “bird friendly” structures, fitted with a bird perch, as per Eskom standard guidelines.

The construction phase of this development has not yet commenced. As a result, no powerlines have been constructed on site. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

None

68

The recommendations of the EAP in the EIAr dated March 2015 and specialist studies attached must be adhered to. In the event of any conflict mitigation measures and conditions of the Environmental Authorisation, the specific

The EAP made the following recommendations in the Final EIR (these included recommendations made by the participating specialists in their respective studies):

- If any human remains are uncovered during construction, the ECO should have the area fenced off and contact SAHRA (Tel: 021 462 4502) immediately

None




condition of this Environmental Authorisation will take preference.

- If there are any significant changes to the layout of the facility, the new design should be assessed by a heritage practitioner

- Should any substantial fossil remains (e.g. mammalian bones and teeth) be encountered during excavation, however, these should be safeguarded, preferably in situ, and reported by the ECO to SAHRA, i.e. The South African Heritage Resources Authority, as soon as possible (Contact details: Mrs Colette Scheermeyer, P.O. Box 4637, Cape Town 8000. Tel: 021 462 4502 (Email: [email protected]), so that appropriate action can be taken by a professional palaeontologist, at the developer’s expense. Mitigation would normally involve the scientific recording and judicious sampling or collection of fossil material as well as associated geological data (e.g. stratigraphy, sedimentology, taphonomy) by a professional palaeontologist.

- The development footprint should be kept to a minimum and natural vegetation should be encouraged to return to disturbed areas.

- Avoid impact to potential corridors such as the riparian corridor associated with the Helbrandkloofspruit river as well as the smaller drainage lines within the facility itself.

- The facility should be fenced off in a manner which allows fauna to pass by the facility within the property in a direction to and from the Orange River. In practical terms this means that the facility should be fenced-off to include only the developed areas and should include as little undeveloped ground or natural veld as possible.

- All solar panels and associated infrastructure (including perimeter fencing) must not encroach within 32m from any very-high or medium-high sensitivity areas as identified by the ecological specialist.




- Internal access tracks and cabling between the eastern and western development node, may only cross the drainage channel at a single point near the boundary. i.e. Multiple crossings of the drainage line are not allowed.

- The drainage line must be fenced outside of the development footprint in order to allow for effective faunal movement.

All these conditions referred to in the Final EIR relate to construction and operational activities. Since construction activities associated with this facility have not yet commenced, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.

69

In terms of section 43(7), an appeal under Section 43 of the National Environmental Management Act, 1998 will suspend the environmental authorisation or any provision or condition attached thereto. In the instance where an appeal is lodged you may not commence with the activity until such time that the appeal has been finalised.

✓

No appeal was lodged against the EA for this facility. On the 10th of November, 2015 the Deputy Director of Appeals and Legal Review at the Department of Environmental Affairs provided written confirmation that no appeals were lodged against the EA. Please refer to Appendix D for a copy of the written confirmation that no appeals were lodged in respect of the EA.

None

70

A copy of this environmental authorisation and approved EMPr must be kept at the property where the activity will be undertaken. The environmental authorisation and approved EMPr must be produced to any authorised official of the Department who requests to see it

The Final EMPr has not yet been approved (as discussed above); compliance with this condition in respect of the EMPr will only be applicable once the Final EMPr is approved in terms of condition 14. The temporal applicability of this condition relating to the EA needing to be on site is unclear. It is a reasonable

It is recommended that the competent authority provide clarity / confirmation of the project phases where this condition would be applicable.




and must be made available for inspection by any employee or agent of the holder of the environmental authorisation who undertakes work at the property.

assumption that this need only occur once construction commences, however the wording of this condition does not make this explicit. Prior to commencement of construction, there will be no facilities on site where copies of the EA can be kept (the site is vacant).

71

National government, provincial government, local authorities or committees appointed in terms of the conditions of this environmental or any other public authority shall not be held responsible for any damages or losses suffered by the holder of the environmental authorisation or his/her successor in title in any instance where construction or operation subsequent to construction be temporarily or permanently stopped for reasons of non-compliance by the holder of the environmental authorisation with the conditions of environmental authorisation as set out in this document or any other subsequent document emanating from these conditions of environmental authorisation.

This condition is a Departmental right and cannot be audited.

None



5. INCONSISTENCIES BETWEEN EA AND EMPR

No specific inconsistencies between the EA and EMPr were noted. There are however several

conditions in the EA and actions in the EMPr that are not auditable or completed. Please refer to the

items in blue in the tables above for further details in this regard.

6. DISCUSSION OF AUDIT FINDINGS

This section elaborates on the findings of the primary compliance findings detailed in section 4 above.

As clearly shown in this section, no incidents of non or partial compliance highlighted in this audit.

The overall compliance count for all conditions of the EA (including sub-conditions are as follows);

- 18 conditions (incl sub-conditions) are fully compliant.

- 83 conditions (incl sub-conditions) are not applicable to the current stage of the development

(i.e. the pre-construction phase).

- 7 conditions (incl sub-conditions) are not auditable.

The audit did however find that three of the EA conditions (Conditions 26, 59 and 70) are not clear as

to which stage of the project they are applicable to. In these instances, it is reasonably deduced that

they refer to the construction phase, the wording and placement of the conditions however do not define

which stage they are applicable to. It is therefore recommended that the competent authority issue a

letter of clarity confirming that these conditions are applicable to the construction and operational phase

of the development.

7. ENVIRONMENTAL IMPACTS OF NON-COMPLIANCE

No incidents of non-compliance with the requirements of the EA were highlighted in this Audit.

8. SUPPORTING EVIDENCE OF COMPLIANCE

The following evidence is supplied to supplement the Audit findings (this should be read in conjunction

with the supporting evidence of compliance that is attached in the appendices). Please note that for the

sake of brevity, only snap shots of relevant sections of supporting documents are included in this section.

The full documents are available from the audit consultant on request.

Table 4: Supplementary evidence of compliance

Figure 1: Excerpt from EA notification, showing date of EA was included in the letter.

Figure 2: Excerpt from EA notification showing that the appeal procedure was included in the letter.



Figure 3: EA Notification Emails showing that full copy of the EA was attached with the notification.

Figure 4: Excerpt from the EA advert showing that copies of the EA were available upon request.

Figure 5: Excerpt from EA advert showing appeal procedure.

Figure 6: Excerpt from final EIR showing that the shapefile of the development layout was submitted to the competent authority.

9. STAKEHOLDER ENGAGEMENT

The outcome of this audit has not found insufficient mitigation of environmental impacts associated with

the undertaking of the activity, nor has it found insufficient levels of compliance with the environmental

authorisation. As such a public participation process in terms of Regulation 34(5) was not undertaken.

In compliance with regulation 34(6) the holder of the EA must within 7 days of the date of submission of

an environmental audit report to the competent authority, notify all potential and registered interested

and affected parties of the submission of that report, and make such report immediately available—

(a) to anyone on request; and

(b) on a publicly accessible website, where the holder has such a website.

The potential I&APs were determined during the environmental impact assessment process for this

project and as such, the notification in terms of regulation 34(6) will be provided to registered I&APs

only.

10. RECOMMENDED ACTIONS



It is therefore recommended that the competent authority issue a letter of clarity confirming that these

conditions are applicable to the construction and operational phase of the development only (i.e. not

applicable to the pre-construction phase of the development):

- Condition 26: The holder of this environmental authorisation must keep all records relating to

monitoring and auditing on site and make them available for inspection to any relevant and

competent authority in respect of this development.

- Condition 59: The holder of this environmental authorisation must comply with the Conservation

of Agricultural Resources Act, 1993 (Act No. 43 of 1983) articles 7.1 and (3) b of regulation

9238.

- Condition 70: A copy of this environmental authorisation and approved EMPr must be kept at

the property where the activity will be undertaken. The environmental authorisation and

approved EMPr must be produced to any authorised official of the Department who requests to

see it and must be made available for inspection by any employee or agent of the holder of the

environmental authorisation who undertakes work at the property.

11. CONCLUSION

Cape Environmental Assessment Practitioners (Cape EAPrac) was appointed by Dyasonsklip Solar

Energy Facility 1 (Pty) Ltd, as the independent Auditor to compile an Environmental Audit Report in

compliance with Regulation 54A(3).

The EA was issued after a Scoping and Environmental Impact Assessment Process was followed for

the construction of a Solar PV energy facility on the Remainder of the Farm Dyasonsklip 454. No

amendments of the EA have taken place to date.

It must be noted that the authorised project has not commenced with construction. As such, this Audit

specifically addresses compliance aspects related to the pre-construction phase of the development.

Furthermore, the EMPr for this project has not yet been approved. This Audit therefore audits

compliance with the pre-construction requirements of the EA and FEIR only.

No incidents of non or partial compliance highlighted in this audit.

The overall compliance count for all conditions of the EA (including sub-conditions are as follows);

- 18 conditions (incl sub-conditions) are fully compliant.

- 83 conditions (incl sub-conditions) are not applicable to the current stage of the development

(i.e. the pre-construction phase).

- 7 conditions (incl sub-conditions) are not auditable.

The audit did however find that three of the EA conditions (Conditions 26, 59 and 70) are not clear as

to which stage of the project they are applicable to. In these instances, it is reasonably deduced that

they refer to the construction phase, the wording and placement of the conditions are however do not

define which stage they are applicable to. It is therefore recommended that the competent authority

issue a letter of clarity confirming that these conditions are applicable to the construction and operational

phase of the development.

The holder of the EA has achieved a 100% compliance on conditions applicable to the pre-construction

phase of the development.

Documents

PRE-CONSTRUCTION ENVIRONMENTAL AUDIT REPORT DK SEF 1/NAT615.01 Audit... · Dyasonsklip Solar Energy Facility 1 NAT615/01 Cape EAPrac i Environmental Audit Report PRE-CONSTRUCTION