Public Participation Report

Transcription

1 Public Participation Report Summary and Results of Consultation Project: Application to mine Silica Sand over an approximate 4,99ha section of Remainder of Farm Manor Grange situated within the Ugu District Municipality, KwaZulu- Natal. Applicant Contact person Kingfisher Farms (Pty) Ltd Mr. Pieter Snyman Prepared on behalf of Kingfisher Farms (Pty) Ltd (Proponent): Postal Address Physical Address Telephone PO Box 9; Hibberdene; 4220 Manor Grange Farm 16593; Hibberdene; KwaZulu-Natal By (Independent consultant): DMR Reference: (Pending)

2 March 2017 CONTENTS PAGE L IS T OF TABLE S... 2 A N N E U R E S: Introduction Requirements Of The Environmental Impact Assessment Regulations Of Public Participation for the Basic Assessment Report (BAR) Register of Interested and Affected Parties Public Meetings C O M M E N T S R E C E I V E D F R O M IAPS... 6 LIST OF TABLES Table 1: Public Participation Process followed... 4 Table 2: Register of IAPs... 5 Table 3: Comments and Response Report... 7 ANNEURES: Annexure A: Basic Assessment Report Application Form - submitted online on the Department of Mineral Resources SAMRAD Annexure B: BID Document V1 and V2 Annexure C: Site Notice Annexure D: Newspaper Article and proof of newspaper advertisement Annexure E: sent and proof of sent Annexure F: Registered and proof of mail sent via the South African Post Office Annexure G: Attendance Register for Public Meeting Annexure H: Public Meeting Minutes Annexure I: Comments Received 2

3 1 INTRODUCTION An application to mine Silica Sand along a 4,99ha section of of the Manor Grange Farm 16593, has been submitted to the Department of Mineral Resources (DMR) under pending reference (TBD) on behalf of Kingfisher Farms (Pty) Ltd. IDM Environmental (IDME) has been appointed as the independent Environmental Assessment Practitioner (EAP) by Kingfisher Farms (Pty) Ltd (the applicant) to conduct a Basic Environmental Assessment (BA) for the proposed mining permit. As part of the environmental process IDM Environmental has been appointed by the applicant to facilitate and manage the public participation process in terms of the National Environmental Management Act, The following document is a summary of the public participation process followed during the Basic Assessment process for the proposed Kingfisher silica sand mine. 2 REQUIREMENTS OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS OF 2014 In terms of Regulation 41 (b) of the NEMA Regulations (2014), IDM Environmental on behalf of Kingfisher Farms (Pty) Ltd is required to consult and notify in writing all landowners (including adjacent) or lawful occupiers, government departments/ state enterprises and any other potential Interested and Affected Parties (I&APs) of the proposed Kingfisher silica sand mine permit application and the subsequent Basic Assessment process being followed. It is further required that with the Basic Assessment Report, information of the public participation and consultations be provided. The process followed includes: Planning Phase: The identification of landowners (including adjacent) or lawful occupiers, government departments/ state enterprises and any other potential I&APs The Informing of the Stakeholders and IAPs of the Kingfisher silica sand mine Basic Assessment through: Advertising in a local newspaper (Annexure D); Placement of site notices (Annexure C) on site boundary, access gate and outside municipal offices; and The (Annexure E) and mail (Annexure F) of Notification and BID Documents (Annexure B). The Placement of the Draft BAR and EMP in local library for public review and comment; Conducting a Public Open Day (Annexure G and H). Providing of any further information and capturing all comments from IAPs on a Comment and Response Table (Please see Table 3). Formulation of a Public Participation Report. Table 1 below outlines the requirements for the public participation process set out in Section 41 of the Environmental Impact Assessment Regulations as well as the actions taken by the Environmental Assessment Practitioners (EAP) and Public Participation Officer for the proposed mine. 3

4 Table 1: Public Participation Process followed 2014 EIA requirements Action taken by EAP a) Fixing a notice board at a place conspicuous to the public at the boundary or on the fence or along the corridor of Notice boards were placed at various locations on the site boundary to ensure that it is visible, including at the site itself and at the entrance to the access road. i. the site where the activity to which the application relates is or is to be undertaken; and ii. any alternative site; b) Giving written notice, in any of the manners provided for in Section 47D of the Act, to i. the occupiers of the site and, if the proponent or applicant is not the owner or person in control of the site on which the activity is to be undertaken, the owner or person in control of the site where the activity is or is to be undertaken or to any alternative site where the activity is to be undertaken; ii. owners, persons in control of, and occupiers of land adjacent to the site where the activity is or is to be undertaken or to any alternative site where the activity is to be undertaken; iii. the municipal councillor of the ward in which the site or alternative site is situated and any organisation of ratepayers that represents the community in the area; iv. the municipality which has jurisdiction in the area; Please see Annexure C of the Report for site notices. A Background Information Document (Annexure B) and draft BAR (including specialist report) was compiled for the proposed development and distributed to the surrounding neighbours per registered post. The BID (Annexure B) included some project background details of the Independent Environmental Assessment Practitioner as well as the process to be followed during the EIA. An invitation to become involved in the project and to register as a stakeholder was also included in the Background Information Document. Notices of a public meeting and consultation process were placed on the Hibiscus Local Municipality, Ugu District Municipality and the Hibberdene Library Notice Boards, and the BID, draft BAR and specialist report were made available on the EAP website and a hard copy placed at the Hibberdene Library (Annexure C) Letters as well as copies of the Background Information Document (BID), including reference and access to the draft BAR, and specialist report, were sent to all relevant Governmental Departments and Organisations who might have an interest in or be affected by the proposed development to invite them to comment on the proposed 4

5 v. any organ of state having jurisdiction in respect of any aspect of the activity; and vi. any other party as required by the competent authority. c) Placing an advertisement in i. one local newspaper; or ii. any official Gazette that is published specifically for the purpose of providing public notice of applications or other submissions made in terms of these Regulations; development. Copies of the Waybills are included. (Please see Annexure E for s sent and Annexure F for registered mail sent) The EIA process was advertised in the South Coast Herald (Annexure D) 3 PUBLIC PARTICIPATION FOR THE BASIC ASSESSMENT REPORT (BAR) Copies of the PPP and meeting notice, draft BAR; BID and Specialist Report were made available to the following Government Departments for comment: Department of Water and Sanitation; Department of Rural Development and Land reform; KZN Department of Economic Development, Tourism & Environmental Affairs; KZN Department of Agriculture and Rural Development; KZN Department of Transport; Ugu District Municipality; Hibiscus Local Municipality; and South African National Roads Agency; Ezemvelo KwaZulu-Natal Wildlife. 4 REGISTER OF INTERESTED AND AFFECTED PARTIES According to the Environmental Impact Assessment Regulations of 2014, a register of interested and affected parties must be kept during the EIA process. Table 2 below contains information on all IAPS contacted. Table 2: Register of IAPs Department Contacted Person Received Response Adjacent Land owner Woodgrange on Sea Primary School No Adjacent Land owner Ms Pamela Maingard Yes Adjacent Land owner C Ramathar (Land leased to Mr Revel Saint) No 5

6 Adjacent Land owner Ms. Belinda Mortimer No Adjacent Land owner Mr Revel Saint No Department of Water and Sanitation Ms Colleen Moonsamy Mr/Ms Ashley Starkey Yes Department of Rural Development and Land reform Mr. Walter Silaule No KZN Department of Economic Development, Mr Sabelo Ngcobo No Tourism & Environmental Affairs KZN Department of Agriculture and Rural Head of Department No Development KZN Department of Transport Mr/Ms. Kwanele Ncalane No Ezemvelo KwaZulu-Natal Wildlife Ms. Nerissa Pillay No SANRAL Mr. Ishaan Ramklown No Hibiscus Local Municipality For attention of Municipal Manager No Ugu District Municipality For attention of Municipal Manager No IAP Ms. Rose Chipala Yes IAP Mr C Ramawthar Yes IAP Mr H Chandh Yes 5 PUBLIC MEETINGS IDM Environmental hosted a public meeting at the Hibberdene Local Library at 14h00 on 21 st September The minutes of this meeting can be found in below. 6 COMMENTS RECEIVED FROM IAPS The comments received from the IAPs regarding the BID and draft BAR are included in the Comments and Response Report in Table 3 below. 6

7 Interested and Affected Parties List the names of persons consulted in this column, Date Comments Received Issues raised EAPs response to issues as mandated by the applicant Section and paragraph reference in this report where the issues and or response were incorporated. Mark with an where those who must be consulted were in fact consulted. Affected Parties Land Owner/s N/a Applica nt is the land owner Land owner/s or lawful occupiers on adjacent properties Woodgrange on Sea Primary School C Ramathar (Land leased to Mr Revel Saint)

8 Ms. Belinda Mortimer Ms Pamela Maingard 19/09/2016 Ms. Maingard objected to the proposed Kingfisher silica The objection from Ms. Maingard was noted. The proposed mining site has been via post sand mine. moved from site 1 (adjacent to the Ms Maingard indicated she had sold her property and was awaiting transfer. Until she received this, she was still the legal occupier of the property. She indicated the mine was property) to site 2, which is located further south and away from Ms. Maingard s property. located directly adjacent to her property and would not only be an eyesore, but would devalue the property and constrain any future attempts to sell the property. Mitigation measures would be implemented to lower the visual and dust impacts from the mine. Pieter Snyman Mr Revel Saint Mrs Maingard has since sold the property and moved out. The property has been sold, but the sale remains pending. The house is now vacant, and unoccupied and with no tenants. Municipal Councillor - Municipality/ies Hibiscus Local 21/09/ Ms. Jiba queried where the proposed mine site would 1. Through the use of a map the mine site location was shown. Original mining site has been located Municipality Ms. Jiba be located. The proposed mining site is located on farmland on the further south, away from attended the applicant s farm, 1km west of the town of Hibberdene. No neighbouring property. 8

9 Public 2. Ms. Jiba queried the mitigation measures that would indigenous trees, wetlands or avifauna nesting sites were Meeting on be employed to limit the impacts of the proposed located on site. behalf of the development on surrounding communities. 2. It was indicated that a comprehensive impact assessment Local 3. Ms Jiba indicated that there was a tonnage limit was undertaken to identify any impacts from the proposed Municipality passing through the town of Hibberdene and queried mine and the proposal of appropriate mitigation measures. the route that would be undertaken by trucks The silica sand mine is located in a farming area. Other than transporting silica sand to the market. impacting on adjacent properties (visual and dust), the negative impacts were considered low. The mine will have positive impacts in that it will provide employment and local economic development. 3. Through the use of a map contained in the Basic Assessment Report, the proposed route bypassing the town of Hibberdene was shown to Ms. Jiba. Ugu District Municipality Departments and Organ of states Department of Water 05/12/2016 Ms. Moonsamy indicated that a Storm Water A Storm Water Management has been prepared and included in A Storm Water Management is and Sanitation; Pre- Management Plan would have to be undertaken indicating Appendix 2. The report deals with runoff from the mining site. contained in Appendix 2 application how water runoff on site would be managed on the farm. The method of mining will be considered dry mining in every meeting Ms. Moonsamy queried if there is any groundwater respect and that no significant water runoff and subsequent occurring on proposed mining site and if so how siltation to occur as a result. dewatering will occur. Department of Rural Development and Land reform; 9

10 KZN Department of Economic Development, Tourism & Environmental Affairs; KZN Department of Agriculture and Rural Development; KZN Department of Transport; South African National Roads Agency; Ezemvelo KwaZulu- Natal Wildlife. 10

11 Communities Traditional Affairs N/a N/a Other affected and x interested parties Ms. Rose Chipala x 21/09/2016. Via Public Open Meeting Ms Chipala indicated she saw the site notices and was interested in the proposed mining operations and required further information on what will occur on site. The mining process was explained to Ms. Chipala. The mining process will be a basic form of open cast mining using either an excavator and/or front end loader.the mineral to be mined is silica sand and no permeant infrastructure will be placed on site. Local labour from the area would be sought. Mr C Ramawthar x 21/09/2016. Via Public Open Meeting Mr H Chandh x 21/09/2016. Via Public Open Meeting Mr Chandah indicated he is a surrounding land owner and is not against the project, but requested more information on the basic assessment process followed and the mining process. Information on the mining process and the basic assessment process followed was provided. The mining process will be a basic form of open cast mining using either an excavator and/or front end loader.the mineral to be mined is silica sand and no permeant infrastructure will be placed on site. The basic assessment process includes a number of steps including submission of an application, public participation process and final submitting of documents to the competent authority. These documents will consist of a Basic Assessment Report, an Environmental Management Programme and various specialist studies. 11

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