INTRODUCTION
AND BACKGROUND
Holistic Environmental Services (HES) Cc was appointed by Crater slide
(PTY) Ltd to submit the application to rectify the unlawful
commencement of listed activities in terms of section 24G of the
National Environmental Management Act,
(Act 107 of 1998) on portion 71 of the farm kopjeskraal 517-IQ in the
Vredefort Dome Area, Tlokwe Local Municipality, North-West Province.
The applicant commenced with earthworks and purchased the structures
required to erect the 42 m high mast in January 2010. The section 24G
application was submitted to the Department Environmental Affairs (DEA)
in May 2010.
The Department responded by requesting the applicant to cease with the
illegal activity and provide them with additional information (e.g.
Visual Impact Assessment, Environmental Impact Assessment and Public
Consultation) to enable them to make an informed decision regarding the
proposed activity.
LOCALITY
The site is situated approximately
12km
north-west of Parys on Portion 71 of the farm kopjeskraal 517-IQ within
the jurisdiction of the Thlokwe Local Municipality, North-West
Province.
PROJECT
PROPOSAL
The proposed development entails the establishment of the following
activities on the said property:
The Zip-line will be 2050m in length, measured from point A to D. The
height of the tower (mast) at point D is 42 m, consisting of 14
segments of 3 m each
ALTERNATIVES
Alternative designs and locations has been identified and investigated.
The possibility of limiting the mast
to a height of 15 m, which do not require a EIA to be conducted and
authorized by DEA, was also investigated.
This option is currently deemed unfeasible, because of the significant
safety risk that it poses to the potential clients.
LEGISLATIVE
FRAMEWORK
The proposed development requires a BA to be conducted in terms of the
Environmental impact Assessment (EIA) Regulations (Government Notice
No. R385),Chapter 5 of the National Environmental Management Act (Act
107 of 1998). Environmental authorization needs to be granted by the
relevant environmental authority, before any development may take place.
The act provides a list of activities in the EIA regulations
(Government Notice No. R386 and R387)which require environmental
authorization before they may commence. The following activities will
be activated by the proposed development in terms of Government Notice
No. R386: no. 14: "The construction of masts of any material or type of
any height, including those used for telecommunication, broadcasting
and radio transmission, but excluding - (a) masts of 15 metres and
lower exclusively used (i) by radio amateurs; or (ii) for lighting
purposes (b) flag poles; and (c) lighting conductor poles. "Crater
Slide (Pty) Ltd illegally commenced with the activities in January 2010
and was therefore required to submit an application in terms of Section
24G of the NEMA Amended Act, (Act 8 of 2004).
The aim is to ensure that
the project will be environmentally acceptable and integrated into the
surrounding environment in a sustainable manner. Other relevant
legislation includes the following:
»
Atmospheric Pollution Prevention
Act
(Act 45 of 1965) with subsequent amendments and Regulations;
»
Conservation of Agricultural
Resources
Act (Act 43 of 1983);
»
National Water Act, (Act 36 of
1998);
»
Occupational Health and Safety
(Act 85
of 1993);
»
Protected Areas Act (Act 57 of
2003).
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