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DRAFT AMENDMENT APPLICATION TECHNICAL REPORT IN SUPPORT OF THE APPLICATION FOR PART 1 AMENDMENT TO

THE ISSUED ENVIRONMENTAL AUTHORISATION FOR THE PRASA TRAIN MANUFACTURING PLANT LOCATED ON

PORTION 23 OF THE FARM GROOTFONTEIN 165 IR, IN NIGEL

DEFF REFERENCE NUMBER: 2020-09-0003 MANYABE CONSULTANCY (PTY) LTD PROJECT CODE: 202020

Prepared for

Private Bag X5, Gallor Manor, Johannesburg

Tel: 011 518 8100

Fax: 086 545 1860

Web: www.gibela-rail.com

Prepared by:

Manyabe Consultancy (Pty) Ltd

Unit 269, Corner Paul Smith Street and 10th Avenue

Ravenswood Mews, Block F, Boksburg North, 1459

Tel: 011 863 1079

Cell: 072 361 9527

Fax: 086 605 5488

Website: www.manyabeconsultancy.com

Contact Person: Ms Mpho Manyabe Date: December 2020

No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from Manyabe Consultancy (Pty) Ltd. Likewise, it may not be lent, resold, hired out or otherwise disposed of by way of trade in any form of binding or cover other than that in which it is published.

© Manyabe Consultancy (Pty) Ltd

Draft Amendment Application Technical Report for the PRASA Plant MC REF: 202020

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TABLE OF CONTENTS

SECTION 1: INTRODUCTION ........................................................................................................................3

1-1 Background Information on the approved bulk services ..................................................................3 1-2 Locality ...................................................................................................................................................3 SECTION 2: PROPOSED AMENDMENT .......................................................................................................6 SECTION 3: LEGAL REQUIREMENTS .........................................................................................................9 3-1 The Constitution of South Africa No 108 of 1996 ...............................................................................9

3-2 National Environmental Management Act, 1998 (Act No. 107 of 1998) ............................................9 3-2.1 Environmental Impact Assessment Regulations 2014 ...............................................................9 3-2.2 Environmental Impact Assessment Regulations 2010 ............................................................ 10 3-2.3 Environmental Impact Assessment Regulations 2014 ............................................................ 11 3-2.4 Gauteng Provincial Environmental Management Framework ................................................. 12

SECTION 4: ADVANTAGES AND DISADVANTAGES ASSOCIATED WITH THE PROPOSED

AMENDMENT ......................................................................................................................... 13

4-1.1 Advantages .............................................................................................................................. 13 4-1.2 Disadvantages ......................................................................................................................... 13

SECTION 5: ENVIRONMENTAL AUTHORISATION AMENDMENT PROCESS APPROACH AND

METHODOLOGY .................................................................................................................... 14 5-1 Pre- Authority Consultation with the DEFF ..................................................................................... 14

5-2 Environmental Authorisation Part 1 Amendment APPLICATION .................................................. 14

5-2.1 Application Forms .................................................................................................................... 14 5-2.2 Information Gathering/ Literature Review ................................................................................ 14 5-2.3 Public Participation Process .................................................................................................... 14

SECTION 6: CONCLUSION AND RECOMMENDATIONS ......................................................................... 17

LIST OF FIGURES

Figure 1: Strategic Urban Developments (SUD) projects within the CoE ............................................................3 Figure 2: Locality Map of the authorised PRASA Plant and the proposed amendment (Extension of M05) .......4

Figure 3: Composite Map .....................................................................................................................................5 Figure 4: Manufacturing Process ..........................................................................................................................7

Figure 5: Proposed Extension ..............................................................................................................................7 Figure 6: Manufacturing Facility (Main Manufacturing Facility and the Supplier Park) ........................................8 Figure 7: GEMF Management Zones ................................................................................................................ 12


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ABOUT THE ENVIRONMENTAL ASSESSMENT PRACTITIONER

Manyabe Consultancy (Pty) Ltd (MC) is a 100% black female owned entity which offers sustainable development

solutions to both public and private sectors, including parastatals (Mining, Waste, Energy and Industry). The

company was founded in 2014 by Mpho Manyabe, who is the Managing Director.

MC seeks to maintain its strategic position in the Environmental Management Services by providing service of

excellence to its clients. This is achieved by providing a professional and efficient service to our clients, providing

the highest possible level of customer care, upholding the highest ethical and moral principles in our actions,

words and thoughts and upholding of the highest possible

level of integrity.

The objective of MC is to create an environment in which

enthusiastic, highly skilled and motivated professionals seek

professional opinions for contribution to the environmental,

social and economic development in South Africa. MC is an

emerging entity which currently has turnover of less than R10

million rand and is a level 1 contributor with 135% Broad

Based Black Economic Empowerment (BBBEE) procurement.

Mpho Manyabe: Master of Science (MSc) in Environmental Science (Current), University of South Africa (UNISA), BSc Honours in Environmental Management, UNISA, 2016; National Diploma Environmental Sciences, Tshwane University of Technology (TUT), 2008

Mpho Manyabe currently holds a BSc Honours Degree in

Environmental Management. She is completing her Master of

Science Degree with the University of South Africa (UNISA) in

Environmental Science. She has twelve (12) years of work

experience in the field of Environmental Management from

different consulting companies.

She was previously nominated to be in the Gauteng Department of Agriculture and Rural Development

(GDARD) Environmental Impact Assessment (EIA) Environmental Assessment Practitioner (EAP) committee

which was launched on 31 March 2015 comprising of EAPs and GDARD officials to provide quarterly reports to

the Executive Authority (Member of the Executive Committee (MEC)) on issues identified as blockages to the

improved efficiencies the department seeks to achieve.

She has been nominated to become a member of the Academic Advisory Committee for the Environmental

Science programme in the Department of Environmental, Water and Earth Sciences in the Faculty of Science

at the TUT, to serve for a period of three (3) years, where she will be assisting with preparation and provision of

relevant, high quality teaching and learning content for students. She has been identified based on her expertise

in the field of Environmental Sciences/Management in order to make a positive contribution to what TUT is

offering students in terms of course content and on how to better run programmes to the benefit of students.

Please refer to Appendix 4 for the EAP’s Curriculum Vitae (CV).

Managing Director: Mpho Manyabe

Company Registration Number: 2014/063679/07

Corner Paul Smith Street and 10th Avenue

Unit 269, Block F Ravenswood Mews

Boksburg North 1459

Tel Number: 011 863 10798 Cell Number: 072 361 9527 Fax Number: 086 605 5488

Email: [email protected]

Website: www.manyabeconsultancy.com


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SECTION 1: INTRODUCTION

1-1 BACKGROUND INFORMATION ON THE APPROVED BULK SERVICES

Gibela Rail Transport Consortium RF (Pty) Ltd (hereafter referred to as Gibela), on behalf of Passenger Rail

Agency of South Africa (PRASA) has been appointed to ensure constructing of the plant and for the

manufacturing of new rolling stock of train carriages on Portion 23 of the Farm Grootfontein 165 IR, City of

Ekurhuleni Metropolitan Municipality (CoE), in Nigel, Gauteng Province). CoE are constructing the bulk services

infrastructure as part of a development of a plant.

The plant has been issued with a positive Environmental Authorisation (EA) from the National Department of

Environmental Affairs (DEA). The EA was issued on 27 March 2015 with DEA reference number

14/12/16/3/3/2/735 and NEAS reference number DEA/EIA/0002574/2014. A Water Use License Application

(WULA) process was also undertaken and an application was lodged with the Department of Water and

Sanitation (DWS). A Water Use License (WUL) for the PRASA Plant was issued on 01 December 2015 with

Reference Number :09/C21E/BCI/4170.

1-2 LOCALITY

The proposed bulk services to be realigned and altered are located on the eastern side of Johannesburg,

approximately 5km north of the town of Nigel. The bulk services are located on Portions 0, 07, 23, 28, 44, 46,

52, 53, 54, 55, 63, 74, 75, 76, 78 of the Farm Grootfontein165 IR, and on portions 44, 58, 66, 91, 92 of the Farm

Varkensfontein 169 IR. The study area for the proposed amendment is located just east of the R51, south of

N17 and north of R42 (Refer to Figure 2 below for the locality of the proposed amendment). The PRASA Plant

project has been listed as one of the Strategic Urban Developments (SUD) projects within the CoE, as shown

in Figure 1 below.

Figure 1: Strategic Urban Developments (SUD) projects within the CoE

Following are advantages of SUD projects:

Create sustainable job opportunities;

Increase employment stability;

Ensure sustainable income source – income in rateable real estate;

Training and skills development of workers;

Increase the economy base in the region;

Create positive spill-over effects;

Increase and expand the product and service range within the market and improve the overall quality thereof.; and

Attract higher volumes of consumers to the area and reduce leakage of purchase power to the market.


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Figure 2: Locality Map of the authorised PRASA Plant and the proposed amendment (Extension of M05)


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Figure 3: Composite Map


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SECTION 2: PROPOSED AMENDMENT

Gibela proposes to amend the approved Layout Plan by the extension of M05 which will house four (4) testing

bays for the Test and Commissioning Department. Each test bay will be equipped to test all car types of the

Xtrapolis Mega. The air, 400V and 110V supplies to each car will be fed from the south side of each car location;

400V for shore supply will also be fed from the south through a distribution box. Access to each car will be from

a platform also on the south side. A roof access platform will be built to allow access to the roofs of each of the

four car locations, assisted by spiral stairs. The building will also have kitchen, meeting room and ablution

facilities.

The factory for the manufacturing of new rolling stock of train carriages has been constructed on Erven 1, 2, 5,6

and 7 on Portion 23 of the Farm Grootfontein 165 IR, in Nigel. The PRASA Nigel Manufacturing Plant now

consists of the manufacturing component, which is located within Erf 1. Erf 4 is currently zoned Business 2, for

purposes of a convenient store(s) mainly to serve employees at PRASA‘s development rather than the general

public.

An assembly component, which will be located within Erf 2 has not yet been developed.

In summary, the following infrastructure has been developed:

Industrial 1 Erf 1 (±51.349 ha), Erf 2 (±12.227 ha) and Erf 3 (±14, 628 ha)

Business 2 Erf 4: (±1.033 ha)

Municipal Erf 5 (±1.145 ha)

Substation Erf 6 (±0.702 ha)

Private Open Space Erf 7: (±16.969 ha)

New roads (±6.257 ha)

The PRASA Nigel Manufacturing Plant is comprised of the following main manufacturing site activities:

Stainless Steel car body shell manufacturing:

Material warehouse;

Primary parts and small sub-assemblies’ preparations;

Large sub-assemblies and car erection; and

Closing‖ fittings (doors and windows) and water leakage test.

Warehouse and Fitting workshops:

Main warehouse;

Preparations workshop (large looming, driver cab assembly); and

2 Fitting lines.

Coupling and Static Test workshop:

2 Coupling lines; and

6 Static tests lines (tracks on pillars on integral pit).

Dynamic tests:

1 Dynamic test track.

Manufacturing site environment and common infrastructures:

Offices, utilities and common services (canteen, cloak rooms, sanitary);

Waste management area;

Rain Water and other Water tanks (including firefighting normative reserves); and

Parking (cars, buses & 2-wheelers).


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The following manufacturing process of trains is currently being undertaken:

Figure 4: Manufacturing Process

The PRASA Nigel Manufacturing Plant will also involve the following Supplier Park activities, which have not

yet been developed:

The Supplier Park is intended as an industrial zone, which will initially comprise 10 buildings, each building

comprising of 4 x 1000m2 units (complete with their own offices and ablutions). This will include the initial

infrastructure development. There will be a capability to extend the supplier park with identical units at a

later date if it is deemed necessary.

The building will be built to easily reconfigure to allow for capacity improvement or new train products to be

built, i.e. easily extendable in length and in width.

The Supplier Park will be located on Erf 2 and Erf 3 of the project site, comprising a total area of approximately

12.227 ha and ±14. 628 ha respectively.

There is a need to increase the capacity of the static testing infrastructure at Gibela’s Dunnottar Train

Manufacturing Facility to be able to test more cars. The footprint of the extension is indicated in green broken

lines in Figure 6 below.

Figure 5: Proposed Extension


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The following Layout Plan (Figure 6) was approved:

Figure 6: Manufacturing Facility (Main Manufacturing Facility and the Supplier Park)

As per Section 50 (1) of the NWA, a responsible authority may amend or substitute a licence condition as

follows:

(3) A responsible authority may only amend or substitute a licence condition under this section if it is satisfied

that -(a) the amendment or substitution will not have a significant detrimental impact on the water resource; and

(b) the interests of any other person are not adversely affected, unless that person has consented thereto.

The change in the layout plan will not result in any change to the scope of a valid EA, nor increase the level or

nature of the impact, which impact was initially assessed and considered when application was made for EA.


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SECTION 3: LEGAL REQUIREMENTS

The purpose of this section is to list legislation, principles and policies that may relate to the management of

anticipated impacts resulting from the proposed M05 extension amendment. The reason for this is to ensure

that the Department of Environment, Forestry and Fisheries (DEFF) have access to the rich picture in terms of

legislation. Legislation principles and policies as listed hereunder are relatively detailed.

3-1 THE CONSTITUTION OF SOUTH AFRICA NO 108 OF 1996

Section 24 of the Constitution of South Africa No. 108 of 1996 states that “…everyone has the right (a) to an

environment that is not harmful to their health or well-being; and (b) to have the environment protected, for the

benefit of present and future generations through reasonable legislative and other measures that (c) secure

ecologically sustainable development and use of natural resources while promoting justifiable economic and

social development.” This protection encompasses preventing pollution and promoting conservation and

environmentally sustainable development.

3-2 NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998)

The National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA) provides for co-operative

environmental governance by establishing principles for decision-making on matters affecting the environment,

institutions that will promote co-operative governance and procedures for co-ordinating environmental functions

exercised by State Departments and to provide for matters connected therewith.

On 21 April 2006, the Minister of the Department of Water and Environmental Affairs [DWEA, now called the

DEFF and the Department of Human Settlement, Water and Sanitation (DHSWS) separately] promulgated

Regulations in terms of Chapter 5 of the NEMA. When these Regulations came into effect on 3 July 2006, they

replaced the EIA Regulations that were promulgated in terms of the Environment Conservation Act, 1989 (Act

No. 73 of 1989) (ECA) in 1997, and introduced new provisions for Environmental Impact Assessments (EIAs).

Subsequently, the National Environmental Management Amendment Act, 2008 (Act No. 62 of 2008) (NEMAA)

was promulgated on 9 January 2009 and came into effect on 1 May 2009. The NEMAA made a number of

significant amendments to the general provisions applicable to EIAs. On 18 June 2010, the Minister promulgated

amended EIA Regulations in terms of Chapter 5 of NEMA. From the date of effect of these amended EIA

Regulations, 2 August 2010, these amended EIA Regulations replaced the previous EIA Regulations that were

promulgated on 21 April 2006.

3-2.1 Environmental Impact Assessment Regulations 2014

In 2014 on 8 December, new EIA Regulations came into effect and replaced the previous EIA Regulations of

18 June 2010. The Regulations are as follows:

Government Notice Regulation (GNR.) 982 provides with the methodology and format which needs to be

considered when conducting a Basic Assessment (BA) and Scoping and Environmental Impact Reporting

(S&EIR) processes;

GNR. 983 (Listing Notice 1) provides for activities which require a BA process to be followed;

GNR. 984 (Listing Notice 2) provides for activities which require a S&EIR to be followed; and

GNR. 985 (Listing Notice 3) also provides for activities which require a BA process to be followed.

The Minister of Environmental Affairs has again made amendments to the EIA Regulations, 2014, published

under GNR. 982, GNR. 983, GNR. 984 and GNR. 985 of 4 December 2014, in terms of sections 24(5) and 44

of the NEMA through the promulgation of GNR. 324, GNR. 325, GNR. 326 and GNR. 327 of 07 April 2017.

The NEMA EIA Regulations define two broad processes for an EIA, namely: BA and S&EIR.


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S&EIR is applicable to all projects likely to have significant environmental impacts due to their nature or extent,

activities associated with potentially high levels of environmental degradation, or activities for which the impacts

cannot be easily predicted.

BA is required for projects with less significant impacts or impacts that can easily be mitigated.

A S&EIR was necessitated for the PRASA Plant, which included the following activities under the NEMA:


3-2.2.1 GNR. 544:

Activity11: The construction of: (i) canals; (ii) channels; (iii) bridges; (iv) dams; (v) weirs; (vi) bulk storm

water outlet structures; (vii) marinas; (viii) jetties exceeding 50 square metres in size; (ix)

slipways exceeding 50 square metres in size; (x) buildings exceeding 50 square metres in size;

or (xi) infrastructure or structures covering 50 square metres or more where such construction

occurs within a watercourse or within 32 metres of a watercourse, measured from the edge of

a watercourse, excluding where such construction will occur behind the development setback

line.

Activity13: The construction of a road, outside urban areas, (i) with a reserve wider than 13,5 meters or,

(j) where no reserve exists where the road is wider than 8 metres

Activity18: The infilling or depositing of any material of more than 5 cubic metres into, or the dredging,

excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock from (i) a

watercourse; (ii) the sea; (iii) the seashore; (iv) the littoral active zone, an estuary or a distance

of 100 metres inland of the high-water mark of the sea or an estuary, whichever distance is the

greater~ but excluding where such infilling, depositing, dredging, excavation, removal or

moving (i) is for maintenance purposes undertaken in accordance with a management plan

agreed to by the relevant environmental authority; or (ii) occurs behind the development

setback line.

Activity24: The transformation of land bigger than 1000 square metres in size, to residential, retail,

commercial, industrial or institutional use, where, at the time of the coming into effect of this

Schedule or thereafter such land was zoned open space, conservation or had an equivalent

zoning.

Activity 26: Any process or activity identified in terms of section 53 (1) of the National Environmental

Management: Biodiversity Act, 2004 (Act No. 10 of 2004).

3-2.2.2 GNR. 545:

Activity 11: The construction of railway lines, stations or shunting yards, excluding - (i) railway lines,

shunting yards and railway stations in industrial complexes or zones; (ii) underground railway

lines in a mining area; and (iii) additional railway lines within the reserve of an existing railway

line.

Activity 15: Physical alteration of undeveloped, vacant or derelict land for residential, retail, commercial,

recreational, industrial or institutional use where the total area to be transformed is 20 hectares

or more; except where such physical alteration takes place for: (i) linear development activities;

or (ii) agriculture or afforestation where activity 16 in this Schedule will apply.

3-2.2.3 GNR. 546:

Activity 4: The construction of a road wider than 4 metres with a reserve less than 13,5 metres (b) In

Gauteng: (i) A protected area identified in terms of NEMPAA, excluding conservancies; (ii)


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National Protected Area Expansion Strategy Focus areas; (iii) Sensitive areas as identified in

an environmental management framework as contemplated in chapter 5 of the Act and as

adopted by the competent authority; (iv) Sites identified in terms of the Ramsar Convention; (v)

Sites identified as irreplaceable or important in the Gauteng Conservation plan; (vi) Areas larger

than 2 hectares zoned for use as public open space;. (vii) Areas zoned for a conservation

purpose. (viii) Any declared protected area including Municipal or Provincial Nature Reserves

as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the

Nature Conservation Ordinance (Ordinance 12 of 1983); (ix) Any site identified as land with

high agricultural potential located within the Agricultural Hubs or Important Agricultural Sites

identified in terms of the Gauteng Agricultural Potential Atlas, 2006.


3-2.3.1 GNR. 983:

Activity 9: The development of infrastructure exceeding 1000 metres in length for the bulk transportation

of water or storm water- (i) with an internal diameter of 0,36 metres or more; or (ii) with a peak

throughput of 120 litres per second or more; excluding where-(a) such infrastructure is for bulk

transportation of water or storm water or storm water drainage inside a road reserve; or (b)

where such development will occur within an urban area.

Activity 12: The development of- (xii) infrastructure or structures with a physical footprint of 100 square

metres or more; where such development occurs- (a) within a watercourse; excluding- (dd)

where such development occurs within an urban area.

Activity 19: The infilling or depositing of any material of more than 5 cubic metres into, or the dredging,

excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 5

cubic metres from-(i) a watercourse.

Activity 24: The development of- (i) a road for which an environmental authorisation was obtained for the

route determination in terms of activity 5 in Government Notice 387 of 2006 or activity 18 in

Government Notice 545 of 2010; or (j) a road with a reserve wider than 13,5 meters, or where

no reserve exists where the road is wider than 8 metres; but excluding- (a) roads which are

identified and included in activity 27 in Listing Notice 2 of 2014; or (b) roads where the entire

road falls within an urban area.

Activity 29: Any process or activity identified in terms of section 53(1) of the National Environmental

Management: Biodiversity Act, 2004 (Act No. 10 of 2004).

3-2.3.2 GNR. 984:

Activity 12: The development of railway lines, stations or shunting yards excluding - (i) railway lines,

shunting yards and railway stations in industrial complexes or zones; (ii) underground railway

lines in a mining area; or (iii) additional railway lines within the railway line reserve.

Activity 15: The clearance of an area of 20 hectares or more of indigenous vegetation, excluding where

such clearance of indigenous vegetation is required for- (i) the undertaking of a linear activity;

or (ii) maintenance purposes undertaken in accordance with a maintenance management plan.

3-2.3.3 GNR. 985:

Activity 15: The construction of a road wider than 4 metres with a reserve less than 13,5 metres (b) In

Gauteng: (i) A protected area identified in terms of NEMPAA, excluding conservancies; (ii)

National Protected Area Expansion Strategy Focus areas; (iii) Gauteng Protected Area

Expansion Priority Areas; (iv) Sites identified as Critical Biodiversity Areas (CBAs) and

Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans; (v)


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Sites identified within threatened ecosystems listed in terms of the National Environmental

Management Act: Biodiversity Act (Act No. 10 of 2004); (vi) Sensitive areas as identified in an

environmental management framework as contemplated in chapter 5 of the Act and as adopted

by the competent authority; (vii) Sites identified as high potential agricultural land in terms of

Gauteng Agricultural Potential Atlas; (viii) Important Bird and Biodiversity Area (IBA); (ix) Sites

managed as protected areas by provincial authorities, or declared as nature reserves in terms

of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental

Management: Protected Areas Act (Act No. 57 of 2003); (x) Sites designated as nature reserves

within municipal SDFs; or (xi) Sites zoned for a conservation or public open space or equivalent

zoning.

The proposed project amendment will require that a Part 1 Amendment Application be undertaken under the

NEMA as follows:

The amendment application process for the EA will be undertaken in terms of Section 29 and 30 of the GNR.

326 in conjunction with GNR. 327 of the EIA Regulations 2014, as amended; promulgated in terms of the NEMA.

3-2.4 Gauteng Provincial Environmental Management Framework

The Gauteng Provincial Environmental Management Framework (GEMF) is a legal instrument in terms of the

Environmental Management Framework (EMF) Regulations, 2010. The proposed area falls within Zone 4:

Normal control zone: as identified under the GEMF. This zone is dominated by agricultural uses outside the

urban development zone. Agricultural and rural development that support agriculture should be promoted.

No listed activities may be excluded from environmental assessment requirements in this zone.

Figure 7: GEMF Management Zones

PRASA manufacturing

Plant


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SECTION 4: ADVANTAGES AND DISADVANTAGES ASSOCIATED

WITH THE PROPOSED AMENDMENT

4-1.1 Advantages

There is a need to increase the capacity of the static testing infrastructure at Gibela’s Dunnottar Train

Manufacturing Facility to be able to test more cars.

The proposed extension will not have significant negative environmental impacts as the impacts have been

assessed, and mitigation measures have been prescribed in the approved Environmental Management

Programme (EMPr).

The amended EA will provide a defined environmental legal framework for the proposed extension activities,

therefore allowing for a more stringent enforcement of the proposed changes within the defined site

footprint, which will ensure a greater level of compliance and assist Gibela with its commitment to its

environmental protection and sustainability objectives.

The proposed extension will not result in any additional nor new EIA listed activities as listed under the EIA

2014 Regulations and their amendments, other than the ones which have been authorised.

The existing environmental impacts which were previously assessed will not be significantly changed, and

the mitigation measures as prescribed in the approved EMPr will be implemented.

The construction methodologies for the proposed extension will not change. The use of construction

material which was described in the initial submissions will not change.

The proposed Jupiter Ext 9 to 16 project has been listed as one of the SUD projects within the CoE.

4-1.2 Disadvantages

There would be delays in the completion of construction of the PRASA Plant as they would have to find

alternative ways of meeting their objectives. Given the current economic climate delays regarding the

development is something that is ill afforded, both for the development as well as the local authority.


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SECTION 5: ENVIRONMENTAL AUTHORISATION AMENDMENT

PROCESS APPROACH AND METHODOLOGY

MC are undertaking EA Amendment Application process for the proposed bulk services extension and

alterations. MC has in-depth knowledge of the process to be followed for the Amendment Application as required

by the DEFF for the proposed project. MC believes that the relevant applicable legislation requirements have

been met for the Amendment Application.

5-1 PRE- AUTHORITY CONSULTATION WITH THE DEFF

A virtual pre-authority consultation meeting was convened with the DEFF on Friday, 11 September 2020. The

meeting was convened to determine the Department’ requirements for submission of the Amendment

Application. The project and applicable legislation requirements were discussed for the proposed amendment.

The objectives of the meeting were as follows:

Introduce Gibela on behalf of the proponent (PRASA) and MC as an EAP.

Provide project background of the PRASA Plant and motivation of the proposed amendment thereof.

Present the Amended Layout Plan showing the proposed extension of M05.

5-2 ENVIRONMENTAL AUTHORISATION PART 1 AMENDMENT APPLICATION

5-2.1 Application Forms

MC will submit the application forms to the DEFF, with the Final Amendment Application Technical Report

subsequent to the public review period (from Friday, 11 December 2020 to Tuesday, 02 February 2021). The

application forms were obtained from the DEFF. The application forms will include information regarding the

proponent, the proposed project, activities authorised as per the previous authorisation, amendment being

applied for and a detailed motivation for the amendment requested.

5-2.2 Information Gathering/ Literature Review

MC has reviewed all the background information, reports, the EA which was previously issued for the PRASA

Plant. The Literature Review was undertaken in order to regain knowledge of the project, for the effective

submission of an EA amendment application form in terms of Section 29 and 30 of the GNR. 326 of the EIA

Regulations 2014, as amended, to the DEFF for consideration.

5-2.3 Public Participation Process

This Draft Amendment Application Technical Report is being subjected to a public participation process, which

has been agreed with by the DEFF, and according to the NEMA EIA Regulations 2014, as amended.

The public participation process is appropriate in order to bring the proposed change to the attention of potential

and registered I&APs, including organs of state, which have jurisdiction in respect of any aspect of the relevant

activity, and the DEFF.

The comments which will be received from I&APs subsequent to the public review period will be incorporated

into the report for submission to the DEFF.

MC has taken into account all relevant guidelines applicable to public participation as contemplated in section

24J of the NEMA and is giving notice to all I&APs of the application which is being subjected to public

participation by having undertaken the following:


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a) Announcement of the Amendment Application Process

MC is announcing the process for a period of at least 30 days (from Friday, 11 December 2020 to Tuesday,

02 February 2021). MC are engaging with I&APs through an interactive web-based platform [Micro Soft Teams

(MS Teams)] which enables all I&APs to be involved. MS Teams is a platform that is currently being used across

the Republic of South Africa (RSA) to visually present details regarding projects. On this platform, resources

are readily available in a cloud-based location. The platform allows for instant feedback and comments to be

submitted, in so doing saving time for the stakeholder and also giving the assurance that their comments have

been submitted for inclusion in the project reporting.

Where I&APs do not have the applicable facilities i.e. access to internet, mobile phones, or computers, provision

has been made to include these I&APs in the consultation process through use of telephonic and written

consultation or by consulting with the Ward Councillor, the ward committee members, community

representatives and local community forum members.

Subsequent to the 30 days’ period, MC will submit the application form to the DEFF, which will reflect the

incorporation of comments received, including any comments of the Competent Authorities.

b) I&APs Database

An I&AP database has been opened and is being maintained and is to include all other potential I&APs in

respect of the application in accordance with Regulation 42. A register has been made available on the online

MS Teams. This register is being circulated to those who would have contacted the office via email, sms, and

any other form of contact. I&APs have been provided with an opportunity to also register as I&APs on the online

platform. Registration forms have been left at the Dunnottar Public Library for 30 days, and have also been

made available at the MS Teams platform.

c) Newspaper advert

One (1) advertisement has been placed in one local newspaper for advertising the project i.e. Springs African

Reporter.

d) Site Notices

Two (2) site notice boards have been fixed at a place conspicuous to and accessible by the public at the

boundary of the site where the activity to which the application relates.

e) Amendment Application document availability

The Amendment Application document is being made available at the Dunnottar Public Library for 30 days. A

sanitiser has been placed by the report for individuals to use prior to perusing the document. The report has

also been made available on the MS Teams platform and MC website. The document has been made available

for a period of 30 days. The document is also being submitted to state departments via an agreed electronic

platform (such as on CD, or via a secure Dropbox link). The final report will be submitted to DEFF using the

DEFF online portal.

f) Letters

Notification letters regarding the amendment process will be sent via email or sms to those who have perused

the site notices and newspaper adverts. Letters are also being left at the Dunnottar Public Library, with the

Amendment Application document. A database exists as the project is an amendment, and was therefore

advertised for commenting during the S&EIR process. All I&APs who were registered then will be consulted

with, and notification letters for this amendment process

Notification letters are being to all I&APs, written in any of the manners provided for in section 47D of the NEMA,

announcing the project, containing project information and a locality map to the municipal councillor of the ward


16

in which the site is situated and any organisation of ratepayers that represent the community in the area, the

municipality which has jurisdiction in the area, any organ of state having jurisdiction in respect of any aspect of

the activity; and any other party as required by the competent authority.

The letters have attached sheets which allow I&APs to register and/ or comment. Subsequent to the 30 days’

review period, MC will collect the sheets, and record all comments which would have been recorded in the

comments sheets. The librarian has been requested to inform all stakeholders not to take the report with.

g) Identification and recording of comments

Subsequent to the 30 days’ period, all comments and representations received from I&APs will be considered

and recorded in the Comments and Responses Report (CRR). All I&APs who would have participated in the

PPP will be thanked, and their comments acknowledged.

h) Notify registered I&APs of a decision made on the application and provide access to the

decision:

Registered I&APs will be notified of the decision on the application as well as be provided with access to the

decision.

Hard copies or electronic versions of the decision will be made accessible through the following methods:

Website and MS Teams platform.

The following process will be followed in notifying I&APs of the decision:

SMSes and emails will be sent to all registered I&APs.

Newspaper advert in the local newspaper, where the project process was announced (Spring African

Advertiser).


SECTION 6: CONCLUSION AND RECOMMENDATIONS

The relevant Specialist Studies were previously undertaken. A composite Map has been developed which has

been attached to this report (Figure 3). All the mitigation measures which have been prescribed in the existing

approved EMPr, and in this report, will be complied to.

The extension of M05 is proposed, and the layout plan has been compiled showing the proposed changes. The

proposed amendment will not be impacting on any environmental sensitivities.

The environmental impacts related to the overall amendment, with the correct implementation of mitigation

measures (as detailed in the approved EMPr) can be effectively minimised, to allow the proposed amendment

to be implemented. Based on the legislative processes followed, it is MC’s opinion that the proposed amendment

be authorised in order not to further delay the construction of the PRASA Plant.

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