ENVIRONMENTAL SCREENING INVESTIGATION FOR THE BULK WATER SUPPLY SCHEME FOR

THE SOUTHERN NDWEDWE AREA

A high-level desktop opinion

27 March 2014

DOCUMENT DESCRIPTION

Document title: Environmental Screening Investigation for the Bulk Water Supply Scheme for the Southern Ndwedwe Area Submission date: 27 March 2014 Project number: W01.DUR.000188 Authority reference number: N/A Client: Umgeni Water Compiled by: Humayrah Bassa Review:

Prashika Reddy Approval:

Prashika Reddy

Copyright © Royal HaskoningDHV Ltd

All Rights Reserved

No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, without the

written permission from Royal HaskoningDHV.

CONTENTS

1 Introduction .................................................................................................................................................... 1

1.1 Background .............................................................................................................................................1

1.2 Purpose of Environmental Screening .....................................................................................................1

1.2.1 Responsibility of the Consultant ........................................................................................................ 2

1.2.2 Responsibility of the Proponent ........................................................................................................ 2

2 Project Description and Locality ..................................................................................................................... 3

3 Methodology ................................................................................................................................................... 6

3.1 Inception .................................................................................................................................................6

3.2 Spatial Sensitivity Assessment ...............................................................................................................6

3.3 Impact Identification ................................................................................................................................6

3.4 Environmental Legislative Review ..........................................................................................................7

3.5 Assumptions, Limitations and Exclusions ...............................................................................................7

4 Affected Environment Status Quo and Spatial Investigation of Environmental Sensitivities ......................... 8

4.1 Climate ....................................................................................................................................................8

4.2 Topography, Geology & Soils .................................................................................................................8

4.3 Agricultural Potential ...............................................................................................................................9

4.4 Biodiversity ..............................................................................................................................................9

4.4.1 Threatened Ecosystems ................................................................................................................. 10

4.4.2 Protected Areas............................................................................................................................... 12

4.4.3 Systematic Conservation Plan and Decision-Framework for KwaZulu-Natal ................................. 13

4.5 Freshwater Resources ......................................................................................................................... 15

4.5.1 Surface Water Typology and Occurrence ....................................................................................... 15

4.5.2 Surface Water State and Biodiversity Importance in the Study Area ............................................. 16

4.6 Socio-economic Profile ........................................................................................................................ 17

4.7 Land Use Profile .................................................................................................................................. 18

4.8 Access ................................................................................................................................................. 18

5 Summary of Potential Environmental impacts ............................................................................................. 19

6 Environmental Legislation ............................................................................................................................ 24

6.1 National Environmental Management Act (No 107 of 1998) (as amended) ........................................ 24

6.1.1 EIA Regulations (2010) ................................................................................................................... 25

6.2 National Environmental Management: Waste Act (No 59 of 2008) ..................................................... 35

6.3 Water Resource Management ............................................................................................................. 37

6.3.1 Water Catchment Management ...................................................................................................... 37

6.3.2 National Water Act (No 36 of 1998) ................................................................................................ 38

6.3.3 Water Use Licences ........................................................................................................................ 39

6.3.4 Wetlands ......................................................................................................................................... 41

6.3.5 Water-related Infrastructure ............................................................................................................ 42

6.3.6 General Water Use.......................................................................................................................... 42

6.4 The National Heritage Resources Act (No 25 of 1999) ....................................................................... 42

6.5 The Minerals and Petroleum Resources Development Act (No 28 of 2002) ...................................... 44

6.6 National Environmental Management: Biodiversity Act (No 10 of 2004) ............................................ 44

6.6.1 National Spatial Biodiversity Assessments (2004, 2011)................................................................ 45

6.6.2 National Biodiversity Strategy and Action Plans (2005) ................................................................. 45

6.7 National Environmental Management: Protected Areas Act (Act No. 57 of 2003) .............................. 46

6.8 KZN Nature Conservation Ordinance (15 of 1974) ............................................................................. 47

6.9 National Forests Act (No 84 of 1998) .................................................................................................. 47

6.10 National Environmental Management: Air Quality Act (No 39 of 2004) .............................................. 48

6.11 Conservation of Agricultural Resources Act (No 43 of 1983, “CARA”) ............................................... 48

6.12 Local Plans and Schemes ................................................................................................................... 49

6.13 Independent EAP ................................................................................................................................. 49

7 Conclusion and Recommendations ............................................................................................................. 49

8 References ................................................................................................................................................... 53

TABLE OF FIGURES

Figure 1: Locality map and extent of the southern Ndwedwe study area ..............................................................3

Figure 2: Locality map illustrating the location of proposed infrastructure .............................................................5

Figure 3: ESI focus .................................................................................................................................................7

Figure 4: Type and distribution of Threatened Ecosystems within the study area .............................................. 10

Figure 5: Threatened ecosystems threat status .................................................................................................. 12

Figure 6: Protected areas .................................................................................................................................... 13

Figure 7: Critical Biodiversity Areas and protected area network according to the KZN C-Plan ........................ 14

Figure 8: Wetlands and surface water features in the study area ....................................................................... 16

Figure 9: Main rivers in the study area and their Present Ecological State ......................................................... 17

Figure 10: Water use licence application process ............................................................................................... 41

LIST OF TABLES

Table 1: Summary of potential environmental impacts identified ........................................................................ 19

Table 2: EIA Regulations (2010) – Listing Notices .............................................................................................. 26

Table 3: Public participation requirements .......................................................................................................... 27

Table 4: Mandatory timeframes associated with a Basic Assessment study ...................................................... 27

Table 5: Mandatory timeframes associated with an EIA study ............................................................................ 28

Table 6: List of activities that could potentially be triggered ................................................................................ 29

Table 7: Potential triggers according to NEM:WA ............................................................................................... 36

Table 8: Categories of water use registration ...................................................................................................... 39

Table 9: Section 21 water uses ........................................................................................................................... 39

Table 10: Water use description .......................................................................................................................... 40

Table 11: Summary of Enviro-Legal requirements .............................................................................................. 50

Table 12: Specialist environmental studies required as part of the BA/EIA process .......................................... 51

GLOSSARY

Construction - The building, erection or establishment of a facility, structure or infrastructure that is necessary

for the undertaking of a listed or specified activity but excludes any modification, alteration or expansion of such

a facility, structure or infrastructure and excluding the reconstruction of the same facility in the same location,

with the same capacity and footprint.

Ecological Reserve - The water that is necessary to protect the water ecosystems of the water resource. It

must be safeguarded and not used for other purposes. The Ecological Reserve specifies both the quantity and

quality of water that must be left in the national water resource. The Ecological Reserve is determined for all

major water resources in the different water management areas to ensure sustainable development.

Environmental Management Programme (EMPr) - A detailed plan of action prepared to ensure that

recommendations for enhancing or ensuring positive impacts and limiting or preventing negative environmental

impacts are implemented during the life cycle of a project. The EMPr focuses on the construction phase,

operation (maintenance) phase and decommissioning phase of the proposed project.

Environmental Impact - A change to the environment, whether adverse or beneficial, wholly or partially,

resulting from an organisation‟s activities, products or services.

Environmental Assessment Practitioner (EAP) – The individual responsible for planning, management and

coordination of environmental impact assessments, strategic environmental assessments, environmental

management programmes or any other appropriate environmental instrument introduced through the EIA

Regulations (2010).

Expansion - The modification, extension, alteration or upgrading of a facility, structure or infrastructure at

which an activity takes place in such a manner that the capacity of the facility or the footprint of the activity is

increased.

Fatal Flaw – Issue or conflict (real or perceived) that could result in developments being rejected or stopped.

Integrated Environmental Management - A philosophy that prescribes a code of practice for ensuring that

environmental considerations are fully integrated into all stages of the development and decision-making

process. The IEM philosophy (and principles) is interpreted as applying to the planning, assessment,

implementation and management of any proposal (project, plan, programme or policy) or activity - at local,

national and international level - that has a potentially significant effect on the environment. Implementation of

this philosophy relies on the selection and application of appropriate tools for a particular proposal or activity.

These may include environmental assessment tools (such as strategic environmental assessment and risk

assessment), environmental management tools (such as monitoring, auditing and reporting) and decision-

making tools (such as multi-criteria decision support systems or advisory councils).

Interested and Affected Party - For the purposes of Chapter 5 of the NEMA and in relation to the assessment

of the environmental impact of a listed activity or related activity, means an interested and affected party

contemplated in Section 24(4)(a)(v), and which includes - (a) any person, group of persons or organisation

interested in or affected by such operation or activity; and (b) any organ of state that may have jurisdiction over

any aspect of the operation or activity.

Sustainable Development – According to World Commission on Environment and Development (1987), this is

development that meets the needs of the present without compromising the ability of future generations to meet

their own needs.

Screening - Determines whether or not a development proposal requires environmental assessment, and if so,

what level of assessment is appropriate. Screening is therefore a decision-making process that is initiated

during the early stages of the development of a proposal.

Watercourse – Means:

a) a river or spring;

b) a natural channel or depression in which water flows regularly or intermittently;

c) a wetland, lake or dam into which, or from which, water flows; and

d) any collection of water which the Minister may, by notice in the Gazette, declare to be a watercourse as

defined in the National Water Act, 1998 (Act No. 36 of 1998) and a reference to a watercourse

includes, where relevant, its bed and banks.

Wetland - Land which is transitional between terrestrial and aquatic systems where the water table is usually at

or near the surface, or the land is periodically covered with shallow water, and which land in normal

circumstances supports or would support vegetation typically adapted to life in saturated soil.

ABBREVIATIONS AND ACRONYMS

BA Basic Assessment

BGIS Biodiversity GIS (see GIS) (administered by SANBI)

BMPs Biodiversity Management Plans

CARA Conservation of Agriculture Resources Act

CBA Critical Biodiversity Area

C-Plan Conservation

DAEA Department of Agriculture and Environmental Affairs (Provincial)

DEA Department of Environmental Affairs (National) (formerly DEAT)

DM District Municipality

DMR Department of Mineral Resources

DWA Department of Water Affairs (formerly DWAF)

EA Environmental Authorisation

EAP Environmental Assessment Practitioner

EIA Environmental Impact Assessment

EMPr Environmental Management Programme

ESI Environmental Screening Investigation

GIS Geographic Information System

GNR Government Notice Regulation

I&AP Interested and Affected Party

IDP Integrated Development Plan

IEM Integrated Environmental Management

KZN KwaZulu-Natal

KZN C-Plan Systematic Conservation Plan and Decision Framework for KwaZulu-Natal

NBSAP National Biodiversity Strategy Action Plan

NEMA National Environmental Management Act

NEM:AQA NEM Air Quality Act

NEM:BA NEM Biodiversity Act

NEM:PAA NEM Protected Areas Act

NEM:WA NEM Waste Act

NFEPA National Freshwater Ecosystem Priority Area

NHRA National Heritage Resources Act

NWA National Water Act

PES Present Ecological State

PPP Public Participation Process

RHDHV Royal HaskoningDHV

SAHRA South African Heritage Resources Agency

SANBI South African National Biodiversity Institute

SDF Spatial Development Framework

SEA Strategic Environmental Assessment

WML Waste Management Licence

WULA Water Use Licence Application

Page | 1

1 INTRODUCTION

1.1 Background

Provision of piped water to all persons is one of the South African Government‟s key priorities, however due to

the mainly rural, thinly spread population within the Ndwedwe Local Municipality, provision of this most basic

service is extremely costly and as such less than 40% of the residents are provided with this basic service.

Many of the residents still rely on streams, dams and boreholes to provide this basic necessity and this not only

creates access problems, but also leaves the residents of the Municipality vulnerable to health challenges and

concerns. In an attempt to rectify the shortfall of water service provision, the iLembe District Municipality has

expressed a number of concerns relating to the southern Ndwedwe area, and requested Umgeni Water to

consider the feasibility of the bulk water supply options in this region.

Royal HaskoningDHV Water Technology Business Unit (BU) has been appointed by the Umgeni Water to

investigate the feasibility of bulk waters supply options in the southern Ndwedwe area. In recognising the need

to comply with all relevant environmental legislation in South Africa and to further promote sustainable

development proposals, the RHDHV Environmental Management and Compliance Service Line was requested

by the RHDHV Engineering team to undertake a high-level desktop Environmental Screening Investigation

(ESI) to investigate the environmental feasibility of the proposed bulk water supply scheme in the southern

Ndwedwe area, iLembe District Municipality, KwaZulu-Natal.

1.2 Purpose of Environmental Screening

In the context of integrated environmental management (IEM), pre-application screening is the process

whereby key environmental and broader sustainability issues associated with a proposed development are

anticipated at the earliest opportunity and are considered as an integral part of the pre-feasibility investigation.

Questions relating to the need for and the desirability of the proposed development must be considered and

issues such as technology and location of alternatives need to be addressed. Significant environmental and

sustainability impacts also need to be anticipated so that mitigatory options may be accommodated in initial

development designs.

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

have the potential to give rise to significant or unacceptable environmental consequences – the identification of

potential “fatal flaws”.

In addition to establishing whether the proposal is environmentally flawed, the pre-application screening should

determine:

Whether the proposal requires an environmental assessment and authorisation by a competent

authority;

The level of the environmental assessment required; and

Legal and other regulatory requirements or constraints.

Screening is thus a decision-making process that is initiated during the early stages of the development of a

project (DEAT, 2002).

Page | 2

This document does not qualify as a detailed screening study, and is considered a preliminary / desk-top /

strategic assessment to identify key environmental issues that may arise in an environmental impact or basic

assessment, as well as point towards potential environmental fatal flaws to be addressed in the detailed design

phase. Additionally, recommendations will be made in terms of sourcing information for matters that might

require further investigation in subsequent environmental and socio-economic studies that are undertaken as

part of the project.

As this study is intended for fatal flaw identification purposes only, no detailed surveys have been conducted in

the field. The investigation made use of existing readily available information (in the form of databases and

maps). Various sources of information were tapped at the national, regional and local levels. In addition, an

overview of relevant environmental legislation and permit requirements is provided in Section 6. The desktop

environmental screening addresses:

Assess the current situation and identify key environmental issues (opportunities and constraints)

within the study area;

Identify the key natural resources within the study area (emphasis to be placed upon environmental

sensitivities, wetlands; ecology, etc.);

Identify any gaps, bottlenecks and challenges for implementation as well as any fatal flaws and to

capture and spatially represent the information;

Identification of specialist studies required in support of the EIA study/ies to be conducted at a later

stage;

Identify the possible relevant legislative requirements for infrastructure developments or upgrades; and

Recommendations for phasing of the environmental legislative processes to be undertaken.

The primary objective of the ESI is to ensure that all relevant environmental conditions prescribed in terms of

environmental legislation will be appropriately and adequately considered during all stages of the planning and

design. The main deliverable for the project is the compilation of an ESI Report (this document) that details the

findings of the above investigations and the primary environmental issues for consideration.

1.2.1 Responsibility of the Consultant

It is the responsibility of the consultant undertaking the ESI to:

Inform the proponent on the legal requirements for environmental assessment and best practices for

environmental management.

Assist the proponent or the lead authority in fulfilling their respective screening responsibilities, either

through the generation or the interpretation of project and environmental information (DEAT, 2002).

1.2.2 Responsibility of the Proponent

It is the responsibility of the proposed project proponent undertaking the ESI to:

Ensure that proposals that might require environmental assessment are submitted to the lead authority

or other key decision-makers for approval.

Provide accurate and sufficiently detailed information on both the proposed development and the

affected environment in order to enable the lead authority (or other decision-makers) to make an

informed and responsible decision on the need for further environmental assessment. (DEAT, 2002).

Ensure that construction does not commence without the relevant approvals and licences.

Page | 3

2 PROJECT DESCRIPTION AND LOCALITY

The southern Ndwedwe study area is located within the Ndwedwe Local Municipality which is situated in the

iLembe District Municipality in the KwaZulu-Natal Province, South Africa (Figure 1). The Ndwedwe Local

Municipality is one of four municipalities within the ILembe District Municipality. It borders the eThekwini

Municipality in the south along the Tongati River, just north of Inanda Dam and runs north, parallel to the coast,

up to the Umvoti River. It borders KwaDukuza Municipality and Endondakusuka Municipality to the East and

Maphumulo Municipality to the North and is a total of 1153 km2 in size.

Although the southern Ndwedwe study area neighbours the city of eThekwini and towns of Stanger, Harburg,

Verulam and Tongaat, it has no proclaimed town of its own. This has created many challenges; particularly with

regard to accurate information of its population, as the majority of the residents live in remote areas away from

the few roads running through the municipality.

Figure 1: Locality map and extent of the southern Ndwedwe study area

The Ndwedwe Local Municipality has a backlog of even the most basic of services needed by its residents and

has a need of continual major financial injections to assist it and the District Municipality in fulfilling its mandate

to provide a better life for all.

In 2007, Umgeni Water, in close liaison with the ILembe Distirct Municipality, conducted a reconnaissance

study to assess the viability of a more reliable water supply in the area. This included the investigation of an

alternative, more reliable source of potable water for the stand-alone rural water supply schemes that rely to a

Page | 4

large extent on protected springs, boreholes or run-of-river abstraction, and that continue to present operational

and financial challenges for the Municipality; and to investigate an adequate supply of potable water to meet

the growing needs of the area. A number of options were listed indicating the advantages and disadvantages of

each option. It was recommended that some of these options require further investigation at a pre-feasibility

and detailed feasibility level. As part of these investigations, Royal HaskoningDHV Water Technology BU are

investigating possible sites and routes for a dam/weir, Water Treatment Works, pump stations, reservoirs and

pipelines and will need to make recommendations thereof.

The Water Resource analysis conducted under the study showed that sustainable yields of the local rivers are

limited and that a reliable water supply, on the scale required by the study, cannot be obtained without

development of significant off-channel storage volume. This would increase the complexity of a surface water

development. Analysis of the bulk water supplies in and around the study area showed that the present and

planned bulk mains will have enough capacity to deliver bulk potable water into the study area. Accordingly the

project authorities agreed to exclude further surface water development as an option for the supply of Southern

Ndwedwe.

At this stage, RHDHV Water Technology propose several alternative sites and alignments for infrastructure that

are being considered in this ESI. There are presented in Figure 2. Three lines with three options per line are

presented for investigation. These include the Nondubula Northern Ndwedwe line, the Montebello line and the

Nondubula line.

Page | 5

Figure 2: Locality map illustrating the location of proposed infrastructure

Page | 6

3 METHODOLOGY

The methodology that was adopted in conducting the ESI to assess the feasibility of the proposed routes and

access roads entailed undertaking the following main tasks.

3.1 Inception

Inception discussions were held with the RHDHV Water Technology BU design team on this project. The

purpose of the inception discussions was to obtain background information on the project and perusal of the

preliminary layout plans and design drawings. The scope of work was also defined.

3.2 Spatial Sensitivity Assessment

Following the inception meeting, the RHDHV Environmental were provided with spatial data with regard to the

study area extent, pipeline alignments and location of infrastructure to be investigated. A desktop spatial

sensitivity assessment was undertaken utilising Geographic Information Systems (GIS) software. The

methodology that was adopted in conducting the spatial sensitivity assessment entailed the following main

tasks:

Review of relevant legislation to determine possible fatal flaws from a spatial environmental

perspective; and

Spatial analysis of relevant national, provincial and municipal datasets to contextualise the location of

environmental sensitivities and to inform the ESI.

3.3 Impact Identification

As this is a desktop ESI, it must be noted that no specialist investigations or site visits were undertaken by the

ESI team. This ESI considers a high-level assessment of various pillars of sustainable development and

pertinent environmental legislation as depicted in Figure 3.

Page | 7

Figure 3: ESI focus

3.4 Environmental Legislative Review

Screening and review of all applicable environmental legislation was undertaken to provide recommendations

as to the necessary processes which need to be followed.

3.5 Assumptions, Limitations and Exclusions

This ESI is only applicable to the proposed bulk water supply scheme for the southern Ndwedwe area

and the specific infrastructure alignments as provided by the engineering team and depicted in Figure

2;

Page | 8

This report only provides a high-level desktop / strategic screening of potential environmental risk

areas;

No specialist environmental assessments and authority / specialist consultations have been conducted.

These should be undertaken as part of the environmental authorisation process;

No public participation has been conducted during the investigation;

The applicability of environmental legislation, licensing requirements and timeframes are based on

information provided and is by no means exhaustive, and should be revisited during the environmental

authorisation process;

Desktop studies of environmental issues are inherently limited due to a number of factors which

include, but are not limited to, potential inaccuracy of data and information, conflicting datasets, and the

dynamic nature of ecosystems which require ground-truthing to verify information;

The ESI does not include a comprehensive legal review of all applicable legislation and the views

provided herein are solely based on RHDHV‟s expertise, which excludes legal advice; and

It is suggested that the interpretations expressed in this document be confirmed in writing with the

competent environmental authority (ies).

4 AFFECTED ENVIRONMENT STATUS QUO AND SPATIAL

INVESTIGATION OF ENVIRONMENTAL SENSITIVITIES

This section has been compiled utilising existing literature sources and spatial datasets. It includes a literature

review and high-level GIS investigations. It should be noted that the selection of datasets has prioritised

composite layers that already include a level of geospatial analysis and do not merely indicate the location of

sensitive areas. Thus, layers such as C-Plan include a variety of sensitive features such as wetlands and

endangered species into a single, composite layer and are considered the most appropriate spatial informant of

environmental sensitivity for the purposes of this project. It should be reiterated that this assessment was done

at desktop level, and therefore no consultation was undertaken with the respective authorities. However, the

datasets utilised are those provided by such authorities.

4.1 Climate

The mean annual temperature distribution for the iLembe District Municipality varies widely from a mean annual

temperature of 21°C in places along the coast to 16°C inland at higher altitudes. iLembe falls within the South

African summer rainfall region with mean annual precipitation (MAP) ranging from 650 mm to 1200 mm

depending on the local area in question. MAP generally declines from the coast to inland areas. The majority of

the District receives relatively high rainfall in excess of 900 mm, with even the drier inland areas usually

receiving in excess of 750 mm. Limitations to crop production are therefore largely driven by the fact that the

winter period from May to September is relatively dry despite temperatures being favourable for the production

of many crops. Such production would therefore require supplementary irrigation during the winter months and

during dry spells in the summer (iLembe EMF, 2012).

4.2 Topography, Geology & Soils

Within the sub-regional context, the Ndwedwe Local Municipality is located in a transitional zone located

between the flat coastal belt and the higher hinterland elevations. With the exception of the eastern and north-

Page | 9

eastern portion of the municipality, much of the topography of Ndwedwe must be considered steep, fragmented

and difficult to develop (Ndwedwe Municipality SDF, 2009).

While the eastern part of the municipality contains mostly undulating topographic conditions the western

periphery of Ndwedwe contains substantial areas of mountains, cliff faces and escarpments. The central parts

of the municipality, which comprise the Study Area, consist of a transitional zone from undulating to

fragmented. Contributing significantly to the fragmented nature of the area is the location of a series of west-

easterly running rivers which have resulted in mostly steep valleys segmenting the municipality further. The

major river system consist of the Umvoti, Umhlali, Mona, Tongati and Umdloti Rivers. Tributaries to the major

rivers run generally in a north-southerly directions, further contributing to topographic fragmentation.

Elevation rises from a low in the south-east of approximately 50 m to a high in the west of in the region of

1050 m above sea level.

Existing topographic conditions have a major influence on the present and future development of the

municipality. Much of the area consists of a steep and fragmented landscape rendering internal and external

linkage difficult. In overall terms the major development implications emanating from the land form include on

the one hand difficulties in providing efficient and cost-effective development, while on the other hand much of

the area is considered scenic and attractive with significant amounts of natural vegetation still in place

(Ndwedwe LM IDP, 2012-2013).

4.3 Agricultural Potential

In the region of 50% of the Ndwedwe Municipality is occupied by commercial agriculture, mostly in the form of

sugarcane farming. The remainder of the area consists of traditional settlement areas with a limited amount of

individual subsistence farming. Small areas of commercial forest exist within the central and western areas of

the municipality.

In previous planning initiatives it has been suggested that, together with a level of tourism and manufacturing

development, the further development of local agricultural activities represents the most important opportunity

for the economic development of Ndwedwe. The appropriate development of the latter in particular may be of

importance in the context of Ndwedwe‟s close proximity to the King Shaka Airport (Ndwedwe Municipality SDF,

2009).

4.4 Biodiversity

As a result of the underlying geology and topography of the area, Ndwedwe still retains a significant amount of

indigenous vegetation and is particularly rich in biodiversity (Ndwedwe Municipality SDF, 2009). While

“mandatory reserves” have been identified in the south-west and north-east of the municipality, significant

areas of high biodiversity prevail in the central areas of Ndwedwe.

There are two biomes present in the area, the Indian Ocean Coastal Belt which comprises 40.9% of the

municipality and the Savanna biome which comprises 59.1% of the municipality. There are six vegetation types

in the Ndwedwe Local Municipality covering 115 743.7 ha in extent. These include:

Eastern Valley Bushveld – 10 447.3 ha (9.03% of municipality);

KwaZulu-Natal Coastal Belt - 46 663.4h a (40.32% of municipality);

Page | 10

KwaZulu-Natal Sandstone Sourveld - 9 900.3 ha (8.55% of municipality);

Midlands Mistbelt Grassland - 178.3 ha (0.15% of municipality);

Ngongoni Veld – 47 575.3 ha (41.1% of municipality); and

Scarp Forest - 979.1 ha (0.85% of municipality).

From the above list, one of the vegetation types is listed as an endangered ecosystem, namely the KwaZulu-

Natal Sandstone Sourveld. According to SANBI (2011), four vegetation types are listed as vulnerable

ecosystems:

Eastern Scarp Forest;

KwaZulu-Natal Coastal Belt;

Midlands Mistbelt Grassland;

New Hanover Plateau; and

Ngongoni Veld.

Figure 4: Type and distribution of Threatened Ecosystems within the study area

4.4.1 Threatened Ecosystems

The National Environmental Management: Biodiversity Act (No 10 of 2004) provides for listing of threatened or

protected ecosystems in one of the following categories:

Page | 11

The purpose of listing threatened ecosystems is primarily to reduce the rate of ecosystem and species

extinction, including the protection of sites of exceptionally high conservation value, by preventing further

degradation and loss of structure, function and composition of these threatened ecosystems (SANBI, 2011).

Figure 4 shows the occurrence, type and distribution of threatened ecosystems within the study area in terms of

the aforementioned legislation.

Figure 4 confirms this by illustrating that the majority of the study area is of high terrestrial biodiversity value.

These biodiversity hotspots should be prioritised for protection and retention of their structure and function,

towards the continued provision of free ecosystem goods and services / natural capital. All proposed

infrastructure falls within Threatened Ecosystems and appropriate mitigatory measures must be implemented to

limit the impacts on these ecosystems.

According to SANBI (2001), critically endangered species are any indigenous species facing an extremely high

risk of extinction in the wild in the immediate future; endangered species are any indigenous species facing a

high risk of extinction in the wild in the near future, although it is not a critically endangered species; while

vulnerable species are any indigenous species facing an extremely high risk of extinction in the wild in the

medium-term future; although it is not a critically endangered species or an endangered species. Figure 5

indicates the threat status of the threatened ecosystems within the study area.

Critically endangered (CR) ecosystems, being ecosystems that have undergone severe degradation of

ecological structure, function or composition as a result of human intervention and are subject to an

extremely high risk of irreversible transformation;

Endangered (EN) ecosystems, being ecosystems that have undergone degradation of ecological

structure, function or composition as a result of human intervention, although they are not critically

endangered ecosystems;

Vulnerable (VU) ecosystems, being ecosystems that have a high risk of undergoing significant

degradation of ecological structure, function or composition as a result of human intervention, although they

are not critically endangered ecosystems or endangered ecosystems; and

Protected ecosystems, being ecosystems that are of high conservation value or of high national or

provincial importance, although they are not listed as critically endangered, endangered or vulnerable.

Page | 12

Figure 5: Threatened ecosystems threat status

The vast majority of the threatened or so-called listed ecosystems that occur within the study area are

categorised as „Vulnerable‟ or „Critically Endangered‟ (Figure 5). Figure 5 illustrates that the majority of the

proposed infrastructure falls within „Vulnerable‟ areas with the exception of the Montebello Reservoir and

alignment which falls within a „Critically Endangered‟ area. As far as possible, this alignment should try to avoid

this area. It is noted that this may not be possible as it is necessary to provide water services to these areas. It

is further noted that the majority of this alignment is located largely within existing road reserves and/or tracks

to limit negative impacts. Additional mitigatory measures must be investigated by a suitably qualified specialist

ecologist during the environmental authorisation process and these must be implemented.

4.4.2 Protected Areas

The existing GIS datasets do not identify any protected areas within the southern Ndwedwe study area (Figure

6) and therefore it is noted that the proposed infrastructure does not impact directly on any protected areas.

Page | 13

Figure 6: Protected areas

4.4.3 Systematic Conservation Plan and Decision-Framework for KwaZulu-Natal1

The Systematic Conservation Plan and Decision-Framework for KwaZulu-Natal, also known as C-Plan, uses

spatial modelling techniques to categorise the province into three main kinds of biodiversity Planning Units (PU)

or Critical Biodiversity Areas (CBA) based on their irreplaceability. These are described below.

CBA 1 - Mandatory areas are based on the C-Plan Irreplaceability analyses. Identified as having an

Irreplaceability value of 1, these planning units represent the only localities for which the conservation

targets for one or more of the biodiversity features contained within can be achieved i.e. there are no

alternative sites available. The distribution of the biodiversity features is not always applicable to the

entire extent of the PU however, but is more often than not confined to a specific niche habitat e.g. a

forest or wetland reflected as a portion of the PU in question. In such cases, development could be

considered within the PU if special mitigation measures are put in place to safeguard this feature(s)

and if the nature of the development is commiserate with the conservation objectives. This is

dependent on a site by site, case by case basis;

CBA 2 - Mandatory areas represent areas of significantly high biodiversity value. In C-Plan analyses,

these areas are identifiable as having an Irreplaceability scores of >= 0.8 and

Page | 14

biodiversity features contained within, but there aren't many. This site was chosen because it

represents the most optimal area for choice in the systematic conservation planning process, meeting

both the conservation target goals for the features concerned as well as a number of other guiding

criteria as defined by the Decision Support Layers. Whilst the targets could be met elsewhere, the

revised reserve design (derived through either the C-Plan MINSET or MARXAN analysis) would more

often than not require more area in order to meet its conservation objectives. The scarcity of the

Biodiversity features contained within is, however, still the primary driver for this PUs selection in the

conservation analyses.; and

CBA 3 - Optimal areas are areas identified through systematic conservation planning software which

represent the best localities, out of a potentially larger selection of available PUs, that are optimally

located to meet both the conservation target but also the criteria defined within the Decision Support

Layers. Using C-Plan, these areas are identified through the MINSET analysis process and reflect the

negotiable sites with an Irreplaceability score of less than 0.8. Within the C-Plan MINSET analysis this

does not mean they are of a lower biodiversity value however, only that there are more alternate

options available within which the features located within can be met. The determination of the spatial

locality of these PUs is driven primarily by the Decision Support Layers. The MARXAN equivalent is

reflected within the “Best” solution output less the CBA 2 Mandatory areas. (The “Best” solution output

is essentially the most efficient solution and thus the most optimal solution to meet all biodiversity

conservation targets while avoiding high cost areas as much as possible). Even though these areas

may display a lower Irreplaceability value or selection frequency score than the previous categories, it

must be noted that these areas, together with the above two categories, collectively reflect the minimal

reserve design required to meet the Systematic Conservation Plans targets and as such, they are also

regarded as CBA areas.

Figure 7: Critical Biodiversity Areas and protected area network according to the KZN C-Plan

Page | 15

Figure 7 illustrates the spatial distribution of critical biodiversity areas for the study area, as well as the location

of existing protected areas and areas that are considered 100% transformed. Areas categorised as Biodiversity

Priority Area 1 which are impacted on by the potential alignments are found in the north and north-east of the

study area. This means that these areas the only localities for which the conservation targets for one or more of

the biodiversity features contained within that PU can be achieved, highlighting the critical role that these areas

play from a biodiversity perspective. It is therefore recommended that an alternative alignment is investigated

and the alignment is modified slightly to avoid/ bypass this priority area. If this is not possible, it is preferable

that an alignment which follows an existing servitude is investigated further as this reduces impacts. Should a

potential realignment not be feasible, mitigation measures will have to be applied to minimise the impact on this

protected area.

4.5 Freshwater Resources

4.5.1 Surface Water Typology and Occurrence

The study area consists of two Water Management Areas (WMA) namely the Mvoti to Umzimkulu WMA which

makes up 98.15% of the municipality and the Thukela WMA which makes up 1.85% of the municipality. The

main rivers in the municipality include the Mdloti, Mhlali, Mqeku, Mvoti, Nonoti and Tongati rivers. There are

103 wetlands in the municipality covering an extent of 230.9 ha (SANBI, 2009).

GIS data was used to investigate any potential wetlands within the vicinity of the proposed alignment. A

wetland can be defined as “land which is transitional between terrestrial and aquatic systems where the water

table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in

normal circumstances supports or would support vegetation typically adapted to life in saturated soil” (National

Water Act [NWA], 1998).

The South African National Biodiversity Institute (SANBI, 2009) has developed a wetland classification system

for all wetlands in South Africa, allowing for the differentiation between the systems and the prioritisation of

these systems either for conservation or management purposes. Various classification systems existed,

however; South Africa lacked a broad classification system. The SANBI (2009) classification system

categorises the wetland systems according to their abiotic features (main biophysical drivers) of these systems,

which influences the functionality of the wetlands. Figure 8 illustrates the classification of wetland units within

the study area.

Page | 16

Figure 8: Wetlands and surface water features in the study area

Wetlands are important contributors to the provision of ecosystem goods and services, or natural capital /

ecological infrastructure, as described above, and are categorised according to their morphology in Figure 8.

There are a few occurrences of channelled valley-bottom wetlands, seep wetlands and flat wetlands type within

the study area. Care should be taken to avoid wetlands when planning the location of infrastructure and all

infrastructure (where possible) should placed outside of the 32 m buffer to all wetlands. However, it is noted

that the presence of any wetlands must be ground-truthed and confirmed during the environmental

authorisation process.

The presence of additional wetlands and/ or watercourses will need to be delineated by a specialist and

functionality assessments must be undertaken on all identified watercourses. Since a 32 m buffer has been

placed on all water resources as a legislated requirement requiring environmental authorisation, construction

activities will need to be located outside this buffer zone as far as possible, and where not possible, the proper

regulatory licensing process needs to be followed as discussed further in Section 6.3.

4.5.2 Surface Water State and Biodiversity Importance in the Study Area

The NFEPA (National Freshwater Ecosystem Protection Assessment) wetland database has prioritised

wetlands in terms of their state of health or condition. The NFEPA project used the river health Present

Ecological Status (PES) categories as a proxy to assign classes of state of health to wetlands.

Page | 17

Figure 9 indicates that there are three potential river crossings for the installation of pipelines. From the

available PES information, major rivers that are crossed by the pipeline alignments are categorised

predominantly as largely natural with few modifications (i.e. they are intact and able to contribute towards river

ecosystem biodiversity targets) or unmodified and natural (Figure 9).

It is highly probable that water will be abstracted from the rivers in the area for construction related purposes as

well as for water treatment and provision, and this will contribute to condition of the river(s) and will require an

Environmental Authorisation as well as a Water Use Authorisation.

Figure 9: Main rivers in the study area and their Present Ecological State

4.6 Socio-economic Profile

This section provides an overview of social aspects within the Ndwedwe Local Municipality obtained from a

high-level literature review.

The majority of the area consists of tribal authority land ranging from topographically fragmented to steep and

dramatic. Within the regional context, much of the Ndwedwe Municipality represents the former KwaZulu

homeland consisting of traditional settlement areas which, while located in relative close proximity to major

urban and economic developments (e.g. King Shaka International Airport and Dube TradePort), have remained

substantially underdeveloped, disadvantaged and poor. The extent of the municipal area is 1 153 km2 and

accommodates a population in the region of 130 140 people. Overall settlement densities are approximately

145 people per km2. Settlements are sporadically distributed. 68% of Ndwedwe consists of traditional authority

Page | 18

land and the remainder is made up of commercial farm lands located in the north-east of the municipality

(Ndwedwe LM IDP, 2012-2013).

4.7 Land Use Profile

A number of different land uses are encountered within the study area, ranging from sugarcane farming to

informal residential settlements, as well as large areas of agricultural land which is predominantly subsistence

in nature. The study area is predominantly tribal land and is managed by the Ingonyama Trust Board. There are

a number of dispersed human settlements throughout the study area which may be directly impacted on by

construction activities. A Social Impact Assessment will need to be undertaken to identify potential impacts and

possible relocation and resettlement of affected parties.

4.8 Access

Access within and to the study area is limited considering the absence of national, regional, municipal and local

roads. In some instances, temporary access roads may need to be established during construction, and this

activity will have implications for land owners and this should be taken into account during the environmental

authorisation process.

19 | P a g e

5 SUMMARY OF POTENTIAL ENVIRONMENTAL IMPACTS

The GIS mapping presented in Section 4 illustrates that the study area is rich in biodiversity with the majority of the study area being classified as „Endangered‟,

„Critically Endangered‟ or „Vulnerable‟ areas. The mapping further illustrates that a number of alignments will traverse these sensitive environments. It is further

stressed that the GIS mapping undertaken in Section 4 is a desktop assessment and detailed investigation will need to be undertaken in these areas during the

environmental authorisation process to assess the status quo on the ground and confirm or refute the findings of the desktop spatial analysis .Upon completion of

the various specialist environmental studies which will form part of the environmental authorisation process, recommendations will be made in terms of proposed

route realignments should such be deemed necessary. In line with the high-level nature of the ESI, Section 4.4 therefore provides a conceptual notion of where

proposed infrastructure conflicts with areas of high environmental sensitivity.

All rivers, tributaries, escarpments, indigenous vegetation, natural features and biodiversity must be afforded protection, rehabilitated where necessary and

appropriately managed. This would ultimately be based on a site-specific environmental assessment which undertakes detailed assessment of impacts and

culminates in an Environmental Management Programme (EMPr) which specifies specific mitigatory measures.

A brief description and mitigation/recommendations are given in the Table 1 below for potential environmental impacts identified during this desktop environmental

screening investigation.

Table 1: Summary of potential environmental impacts identified

Aspect / Impact Description Mitigation and Recommendations

Steep Topography Potential impact on location of infrastructure and nature of such infrastructure -

gravity fed or requiring additional pump stations.

Topographical surveys should be carried out along all potential

alignments to ascertain the best route from this perspective, noting

the erosive effects of topographically inappropriately located

infrastructure.

All steep areas must be considered as sensitive habitats with

unique vegetation as well as fauna. The proposed pipeline

servitude as well as pump stations and Water Treatment Works

(WTW) sites should avoid major rocky outcrops wherever possible.

Ecology

Terrestrial and Aquatic Critical Biodiversity Areas, Ecological Support Areas and

other biodiversity features such as wetlands and threatened ecosystems (sensitive

vegetation) and vulnerable threatened ecosystems (sensitive vegetation), have

been identified within the study area and are potentially impacted upon by the

proposed route.

A detailed vegetation / ecological assessment need to be

conducted to assess these sensitivities further.

Vegetation clearance must be restricted to the existing servitudes,

reserves and tracks.

Prior to construction activities appropriate vegetation and faunal

surveys are conducted during the appropriate season (wet summer

20 | P a g e

Aspect / Impact Description Mitigation and Recommendations

Areas have been identified as but both endangered and/or vulnerable.

Potential impacts on vegetation which could result in fragmentation of habitats.

Impacts on the site will depend on restricting construction activities to existing road

servitudes as far as possible.

Potential impacts on the ecology of the riparian zones along the perennial and non-

perennial rivers, wetlands and pans which offer habitat for faunal species.

months) wherever the roads bisect any river, stream, wetland and

forest patch to determine the presence of any red listed plant or

animal species.

Prior to construction and vegetation clearance rescue and recovery

programme should be initiated to remove any rare or threatened

plant species along the proposed upgraded areas.

Prior to construction and vegetation clearance, a suitably qualified

zoologist should closely examine the proposed construction areas

(pipeline alignment) for the presence of any animal burrows

(including spiders and scorpions), logs, stumps and other debris

and relocate any affected animals to appropriate habitat away from

the road.

Close site supervision must be maintained during construction.

During the construction phase workers must be limited to areas

under construction within the pipeline servitude and access to the

undeveloped areas, especially the surrounding rivers, wetlands and

forested pockets must be strictly regulated (“no-go” areas during

construction as well as operational activities).

All alien invasive plant should be removed from the construction

servitude to prevent further invasion.

Severe contractual fines must be imposed and immediate dismissal

on any contract employee who is found attempting to snare or

otherwise harms remaining faunal species.

In areas of high biodiversity value, controls will be critically

important and „hot spots‟ and key areas identified by this ESI as

well as the specialist studies must be avoided completely.

Development of these areas should only be considered as a last

resort; in which case environmental offsets will be required in

consultation with the Ezemvelo KZN Wildlife.

Wetlands and Surface Water Features

The proposed route is within or adjacent to critical biodiversity areas as well as

ecological support areas and are close to critical biodiversity resources with high

environmental sensitivity.

Wetlands identified from existing data are predominantly of the 'seep' and 'flat'

types.

Potential pump stations located in rivers for water abstraction.

Potential river crossings for pipeline infrastructure.

A wetland delineation and functionality exercise should be

completed for the site and site-specific mitigation measures

included in an EMPr.

An Aquatic assessment is also recommended which will assist in

identifying sensitive species present; present ecological state,

rivers and wetlands health, ecosystem services as well as water

quality.

This wetland delineation exercise and aquatic assessment must

focus on determining the 1:100 year flood lines and riparian areas

(which ever is the greatest) in terms of the NWA and the zone

21 | P a g e

Aspect / Impact Description Mitigation and Recommendations

which occurs 32 m from the boundary of the wetland/watercourse

as defined by the EIA Regulations (2010).

Construction activities of the stormwater pipes and culverts should

be scheduled to take place during low flow periods of the rivers

(winter months); when as little of the construction area and

exposed sediment is in contact with the flow as possible.

The original geometry, topography and geomorphology in both

cross-sectional and longitudinal profile should be reinstated, above

and below the river crossing.

Appropriate mitigatory measures for controlling sediment input into

the river will be required during the construction phase. The use of

hay bales packed in rows across diversions and active flow areas

during construction may be one way of limiting sediment inputs.

They also help to buffer the pH. The bales will need to be removed

and disposed of after construction. Other alternative methods of

controlling sediment should also be considered such as sediment

fences etc.

All coffer dams, causeway and construction materials should be

removed from the rivers or streams immediately after construction

at the site is completed.

Where necessary and according to risks in terms of bank erosion,

gabions or stormwater control structures should be used to

disperse storm water flows and prevent further bank erosion.

Appropriate gabion baskets or gabion mattresses should be

installed to prevent further bank erosion.

Where necessary and according to slope and risks in terms of bank

erosion, disturbed areas should be re-vegetated using either a

specified seed mix and/ or appropriate indigenous trees.

Where appropriate, large individual indigenous trees should be

avoided during construction and should be marked on site.

Erosion One of the direct impacts associated with the installation of pipelines and

infrastructure will mainly be the impact on surface soils. Potential erosion impacts

are anticipated to be high during and immediately after the construction phase, due

to site clearing activities if no mitigation in this regard is applied.

Soil stripping, soil compaction and vegetation removal may increase rates of

erosion and entry of sediment into the general ecosystem. The increase in

stormwater run-off resulting from the upgrade will increase the run-off and is also

flagged as a possible direct impact.

Earth, stone and rubble is to be properly disposed of so as not to

obstruct natural water pathways over the site. i.e. these materials

must not be placed in stormwater channels, drainage lines.

Vegetation clearance should be phased to ensure that the

minimum area of soil is exposed to potential erosion at any one

time.

Removal of vegetation / plants shall be avoided until such time as

soil stripping is required and similarly exposed surfaces must be re-

vegetated or stabilised as soon as is practically possible.

22 | P a g e

Aspect / Impact Description Mitigation and Recommendations

Sheet erosion occurs when run-off surface water carries away successive thin

layers of soil over large patches of bare earth. This type of erosion is most severe

on sloping soils, which are weakly structured with low infiltration, which promotes

rapid run-off. It occurs on the site where vegetation has been destroyed. Continual

erosion in sheet-eroded slopes is a common cause of gully erosion. Gully erosion

results from increased flow along a drainage line, especially where protective

vegetation has been removed and soils are readily transported. A gully has steep,

bare sides and is often narrow and deep. Once formed, a gully usually spreads

upstream through continual slumping of soil at the gully head. Gully erosion can be

associated with salting as the saline sub-soils are readily eroded.

The increase in stormwater run-off resulting from construction activities, concrete

surfaced area will increase the run-off and is also flagged as a possible direct

impact.

Erosion control measures that can be implemented are as follows:

Brush packing with cleared vegetation;

Mulch, stone chip packing;

Planting of vegetation; and

Hydroseeding / hand sowing.

All temporary stockpile areas including litter and dumped material

and rubble must be removed on completion of construction.

Soil removed from the road reserve banks is to be appropriately

stored for later use in back-filling. Sub-soil and topsoil (the top +/-

30-50 cm of the soil) should be stored separately.

Soil stockpiles are to be protected from possible erosion, e.g.

through covering of the stockpiles with tarpaulin, and limiting the

height and angle of the stockpile. Soil stockpiles should not exceed

1 m in height.

Soil stockpiling areas must be sufficiently situated away from the

drainage areas towards the rivers and lower-lying wetlands.

Any erosion channels developed during the construction period or

during the vegetation establishment period should be backfilled and

compacted, and the areas restored to a proper condition. The

Contractor should ensure that cleared areas are effectively

stabilised to prevent and control erosion.

General construction and rehabilitation measures must be followed

as outlined by the EAP in an EMPr.

Agricultural

Potential

The proposed routes transect both productive agricultural areas and areas of

irreplaceable and threatened as well as high biodiversity value.

This is a conflict inherent to productive and/or fertile land in general; and trade-offs

need to be made between the contribution made by the agricultural land to human

wellbeing, the contribution of natural areas to ecosystem goods and services

versus the value of the proposed infrastructure.

The linear nature of the proposed activity also does not lend itself

to major impacts on extensive commercial agricultural operations.

The development footprint of the linear activity should be kept to a

minimum and all effort made to mitigate any potential impact on

agricultural production.

Social Issues

Potential social issues related to the project include:

As a result of low populations numbers, significant negative social impacts are

not anticipated;

Potential for negative attitude towards the project and lack of understanding;

Potential disturbance and expropriation in the areas along the pipeline

construction route;

Employment expectations are likely from local communities; and

Disruption of essential bulk services (i.e. water, electricity) during construction.

A social baseline assessment should be conducted for the project

to determine the level of disturbance to surrounding communities.

Social issues need to be dealt with during the stakeholder

consultation forums.

Key stakeholders need to be involved from the outset of the project

so as to ensure inclusivity (the needs, interests and values of

stakeholders must be considered in the decision-making and

planning processes).

23 | P a g e

Aspect / Impact Description Mitigation and Recommendations

Health and Safety Safety of nearby communities during construction. An Occupational Health and Safety Plan must be developed during

the construction and operational phases of the project should these

activities go ahead.

The requirements of the Occupational Health and Safety (No 85 of

1993, as amended) should be complied with.

Air Quality Dust will likely be generated during the construction phase.

Increased vehicle emissions during the operational phase.

Dust control measures must be included in the EMPr.

Waste Generation General and hazardous waste generation during construction and

operational/maintenance phases.

A Waste Management Plan should be included in the EMPr to

minimise waste impacts during the construction and operational /

maintenance phases.

Traffic Additional traffic due to the presence of construction vehicles on the local gravel

roads will be an issue and will cause further impacts such as noise and dust

pollution.

Additional environmental assessments will be required if additional

roads are needed to provide access to construction vehicles.

The EMPr must make provisions for noise and dust management.

Heritage It is anticipated that there may be the presence of graves or other sites of

significance which must be considered during the planning and construction

process.

A heritage assessment needs to be conducted by a qualified

heritage / archaeological specialist to determine the necessary

measure taken to protect the heritage resources.

No development activities may occur within 50 m of any traditional

burial places. A heritage practitioner should inspect the locations of

all project infrastructure, including pipelines, access roads and

tracks, contractors' camps and materials' storage areas, before the

start of any construction activities, and make recommendations to

manage traditional burial places and any other heritage resources

identified.

Appropriate actions must be detailed in the EMPr in for the event

that an indicator(s) of heritage resources are identified.

24 | P a g e

6 ENVIRONMENTAL LEGISLATION

The environmental screening investigation includes a review of key environmental legislation that should be

considered at the early stages of a proposed project, and identifies environmental or social “fatal flaws” or “red

flags” associated with each of the options under consideration. The overall framework for this analysis is

underpinned by sustainability principles.

Sustainable development, as defined in the preamble of the National Environmental Management Act (NEMA),

(Act No. 107 of 1998) (as amended) means the integration of social, economic and environmental factors into

planning, implementation and decision-making so as to ensure that development serves present and future

generations.

In order to protect the environment and ensure that this development is undertaken in an environmentally

responsible manner, a number of environmental legislative components will need to be considered and

adhered to. The following key legislation is pertinent to the proposed project and all requirements pertaining to

these acts must be considered prior to implementation:

National Environmental Management Act (Act No 107 of 1998) (as amended); and EIA Regulations

(2010) amended in November 2013;

National Environmental Management: Waste Act (Act No 59 of 2008) and List of Waste Management

Activities, November 2013;

National Water Act (Act No 36 of 1998);

National Heritage Resources Act (Act No 25 of 1999);

National Minerals and Petroleum Resources Development Act (No 28 of 2002);

National Environmental Management: Biodiversity Act (Act No 10 of 2004) including Regulations

National Environmental Management: Protected Areas Act (Act No 57 of 2003) (NEM:PAA);

National Forests Act (Act No 84 of 1998); and

National Environmental Management: Air Quality Act (Act No 39 of 2004).

The purpose of the environmental legislative requirements review is to determine, within the scope of the

information available to date, the legislative requirements that may be applicable to the project. The sections

below are a formal consideration of the relevant legislation in response to the request to determine the potential

environmental authorisation and/ or related permit and licence requirements that would be required prior to

construction.

This assessment is by nature a preliminary assessment, regarding the project-related information with respect

to a range of issues. Information in this section is based on assumptions set within the context of the

information provided to date. Further fine-tuning of the project by the Client and the project team will be

required to inform the environmental-related authorisation/licensing processes required so as to allow the final

determination of what legislative requirements will definitely be required and if need be further clarification could

be sought from the competent authorities (i.e. authorities that will issues an environmental

authorisations/licences/permits).

6.1 National Environmental Management Act (No 107 of 1998)

(as amended)

The National Environmental Management Act (NEMA) (Act No. 107 of 1998) (as amended) provides

environmental governance by providing principles for decision-making on matters that affect the environment

and defines the principles that apply to the organs of state involved in that decision-making. The Act states that

25 | P a g e

the principles of Integrated Environmental Management (IEM) should be adhered to in order to ensure

sustainable development. A vital underpinning of the IEM procedure is accountability to the various parties that

may be interested in or affected by a proposed development. Public participation is a key requirement of the

IEM procedure, in terms of the identification of potentially significant environmental impacts during the Scoping

phase. The IEM procedure aims to ensure that the environmental consequences of development proposals are

understood and adequately considered during all stages of the project cycle, and that negative aspects are

resolved or mitigated and positive aspects enhanced. The Act sets out the legal and procedural requirements

for environmental compliance. Regulations under the Act define activities that may not commence without prior

approval from the competent authority.

By undertaking this screening study, the following NEMA principles are also being adhered to and considered:

That environmental management must place people and their needs at the forefront of its concern, and

serve their physical, psychological, developmental, cultural and social interests equitably;

That development must be socially, environmentally and economically sustainable;

Sustainable development requires the consideration of all relevant factors, including that a risk-averse

and cautious approach is applied, which takes into account the limits of current knowledge about the

consequences of decisions and actions;

Environmental management must be integrated, acknowledging that all elements of the environment

are linked and interrelated, and it must take into account the effects of decisions on all aspects of the

environment and all people in the environment by pursuing the selection of the best practicable

environmental option;

The social, economic and environmental impacts of activities, including disadvantages and benefits,

must be considered, assessed and evaluated, and decisions must be appropriate in the light of such

consideration and assessment; and

Sensitive, vulnerable, highly dynamic or stressed ecosystems, such as coastal shores, estuaries,

wetlands, and similar systems require specific attention in management and planning procedures,

especially where they are subject to significant human resource usage and development pressure.

Furthermore, Section 28(1) of the NEMA states that “every person who causes or 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.

It is in light of the above that the Royal HaskoningDHV have decided to embark on a screening process to

ensure for environmental best practice as well as to allow for environmental attributes to be considered

timeously during the planning and engineering phases.

6.1.1 EIA Regulations (2010)

The NEMA EIA Regulations (2010), which replaced the EIA Regulations (2006), were promulgated and came

into effect on 02 August 2010. Government Notice 543, regulates the procedure and criteria as contemplated in

Chapter 5 of NEMA, relating to the submission, processing and consideration of, and decision on, applications

for environmental authorisations for the commencement of activities in order to avoid detrimental impacts on

the environment, or where it cannot be avoided, ensure mitigation and management of impacts to acceptable

levels, and to optimise positive environmental impacts, and for matters pertaining thereto.

26 | P a g e

The EIA Regulations (2010) contains three (3) Listing Notices i.e. Listing Notice 1; 2 and 3. Listing Notice 1 and

2 have been amended in November 2013 by Government Notices R.922 and R923 respectively. A description

of these notices is provided in Table 2 below.

Table 2: EIA Regulations (2010) – Listing Notices

6.1.1.1 Basic Assessment

A Basic Assessment (BA) is the less intensive and quicker EIA process. A BA is required for developments

deemed to be potentially detrimental to the environment, but where the potential impact is deemed to be

moderate.

The BA process should include the following:

Inception meeting with the EAP;

Application for Environmental Authorisation;

Public Participation Process (refer to Section 6.1.1.3);

Specialist Studies;

Basic Assessment Report; and

Compilation and submission of an Environmental Management Programme.

6.1.1.2 EIA

A full Scoping and Environmental Impact Assessment Report is the more intensive EIA process due to greater

detail required in terms of specialist studies and is required for developments deemed to potentially have a

significant detrimental impact on the environment if not suitably controlled.

The Scoping/EIA process should include the following:

Inception meeting with the EAP;

Application for Environmental Authorisation;

Public Participation Process (refer to Section 6.1.1.3);

Environmental Scoping Investigation and preparation of a Plan of Study for EIA;

Specialist Studies;

Environmental Impact Assessment and Report; and

Compilation and submission of an Environmental Management Programme.

Both the BA and Scoping/EIA processes will lead to an environmental authorisation (EA) being granted. Note

that such an EA may be either positive or negative.

Entering into an EIA process does not guarantee that a positive EA will be obtained, or what the scope of such

an EA may be (i.e. what specific parts of the development are allowed, or whether the preferred option is

accepted in its entirety). The consideration of such a process is carried out by the relevant competent authority.

27 | P a g e

6.1.1.3 Public Participation

Public participation is a process that is designed to enable all interested and affected parties (I&APs) to voice

their opinion and/ or concerns which enables the practitioner to evaluate all aspects of the proposed

development, with the objective of improving the project by maximising its benefits while minimising its adverse

effects. I&APs include all interested stakeholders, technical specialists, and the various relevant organs of state

who work together to produce better decisions.

The public participation process (PPP) must adhere to the requirements of Regulation (GN R 543) under the

NEMA. The PPP requirements are provided in the Table 3 below:

Table 3: Public participation requirements

Public Participation Requirements according to Section 54 - 57 of GN R 543

Section 54 (2) (b) – The person conducting a public participation process must give written notice to the owner or person in control of that land if the owner is not the owner or person in control of the land; owners and occupiers of land adjacent to the site municipal councilor; municipality; organ of state having jurisdiction and any other party required by the competent authority

Section 54 (2) (a) – Fix a notice board at the site boundary or any alternative site applicable to the application

Section 54 (2) (c) & (d) – Place an advert in one local newspaper or official Gazette and or placing an advertisement in at least one provincial newspaper or national newspaper, if the activity has or may have an impact that extends beyond the boundaries of the metropolitan or local municipality

Section 55 (1) – An EAP managing an application must open and maintain a register which contains the names, contact details and addresses of – (a) All persons who as a consequence of the PPP have submitted written comments or attended meetings (b) All persons after completion of the PPP have requested in writing their names to be placed on a register (c) All organs of state which have jurisdiction in respect of the application

Section 56 (1) – a registered interested and affected party (I&AP) is entitled to comment, in writing, on all written submissions; including draft reports made to the CA within the timeframes that have been set by the CA or any extension of a timeframe agreed to by the EAP or applicant

Section 56 (5) – Registered I&APs must submit comments on draft reports to the EAP

Section 56 (6) – Comments on final reports must be provided to the CA and a copy provided to the EAP

Section 57 (1) – The EAP must ensure that the comments of I&APs are recorded in reports and written comments including record of meetings are attached to the report submitted to the CA

6.1.1.4 Timeframes

A summary of the mandatory timeframes associated with a Basic Assessment and Scoping and EIA Study are

presented in Table 4 and Table 5 below.

A typical Basic Assessment Study usually takes between 4 to 6 months (best-case scenario) to complete.

Table 4: Mandatory timeframes associated with a Basic Assessment study

Tasks Mandatory Review Timeframes according to GN R. 543 (Calendar Days)

Review and Acceptance of application form to conduct a Basic Assessment Study

14

Public and Authority review of draft Basic Assessment Report 40

Public review of final Basic Assessment Report 21-302

Authority acknowledge of receipt of final Basic Assessment Report

14

Authority review and acceptance of final Basic Assessment 303

2 Timeframe is stipulated by the Competent Authority. It is however common practice, to provide I&APs between 21-30

days. 3 These review timeframes do not include an extension period of 60 days as indicated in Regulation 9(2) of GN R.543.

28 | P a g e

Tasks Mandatory Review Timeframes according to GN R. 543 (Calendar Days)

Report

Authority granting of Environmental Authorisation 30

A Scoping and full EIA Study usually takes between 12 – 18 months to complete (best-case scenario).

Table 5: Mandatory timeframes associated with an EIA study

Tasks Mandatory Review Timeframes according to GN R. 543 (Calendar

Days)

Review and Acceptance of application form to conduct a Scoping and EIA Study

14

Public and Authority review of draft Environmental Scoping Report

40

Concurrent Registered I&AP and Authority review of final Environmental Scoping Report

30

Public and Authority review of draft Environmental Impact Assessment Report

40

Public review of final Environmental Impact Assessment Report 21-304

Authority review and acceptance of the final Environmental Impact Assessment Report and issuing of Environmental Authorisation

1055

6.1.1.5 Potential Triggers

Based on the preliminary information provided by the Engineering team, the following main listed activities

could potentially be triggered (Table 6 overleaf):

4 Timeframe is stipulated by the Competent Authority. It is however common practice, to provide I&APs between 21-30

days. 5 These review timeframes do not include an extension period of 60 days as indicated in Regulation 9(2) of GN R.543.

29 | P a g e

Table 6: List of activities that could potentially be triggered

Trigger Activity Applicable to Confidence Rating

GNR 544 LISTING NOTICE 1 – BASIC ASSESSMENT PROCESS

9 The construction of facilities or infrastructure exceeding

1,000m in length for the bulk transportation of water, sewage or stormwater – (i) with an internal diameter of 0.36 m or more; or (ii) with a peak throughput of 120 ℓ/s or more, excluding where: a. such facilities or infrastructure are for bulk

transportation of water, sewage or storm water or storm water drainage inside a road reserve; or

b. where such construction will occur within urban areas but further than 32 m from a waterco