APPLICATION FOR AUTHORISATION IN TERMS OF SECTION 24 …

ECONOMIC DEVELOPMENT, ENVIRONMENTAL AFFAIRS, AND TOURISM

CHIEF DIRECTORATE: ENVIRONMENTAL AFFAIRS

“Innovation for Sustainable Development”

Corner Athol Fugard Terrace / Castle Hill Central Port Elizabeth 6001 / Private Bag X5001 Greenacres 6057 Republic of South Africa

Corner of Athol Fugard Terrace / Castle Hill Central Port Elizabeth 6001 Private Bag X5001 Greenacres 6057 Republic of South Africa

Contact Person: Andries Struwig

Tel: 041 5085840 Fax: 041 5085865 Email: [email protected]

Ref: EC06/C/LN1&3/M/24-2020 JN Venter Beleggings Trust P.O. Box 112 Kirkwoof 6120 Attention: Mr Nico Venter e-mail: [email protected]

APPLICATION FOR AUTHORISATION IN TERMS OF SECTION 24 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, ACT 107 OF 1998, TO UNDERTAKE LISTED ACTIVITIES AS SCHEDULED IN THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 AS AMENDED: PROPOSED EXPANSION OF AFRICANOS COUNTRY ESTATE ON PTN 228 AND A PORTION OF PTN 74 OF THE FARM COMMANDO KRAAL ESTATE NO 113, ADDO, SUNDAYS RIVER VALLEY MUNICIPALITY

1. With reference to the above-mentioned application (Ref No. EC06/C/LN1&3/M/24-2020),

please be advised that the Department has decided to grant authorisation as set out in the

attached Environmental Authorisation. The Authorisation Notice and reasons for the

decision are attached herewith.

2. In terms of Regulation 4(2) of the Environmental Impact Assessment Regulations, 2014 as

amended, you are instructed to notify all registered interested and affected parties, in

writing and within fourteen (14) calendar days of the date of this letter, of the Department’s

decision in respect of your application as well as the provisions regarding the making of

appeals that are provided for in the 2014 Appeal Regulations.

3. The written notification referred to above must -

3.1. Specify the date on which the Environmental Authorisation was issued;

3.2. Inform interested and affected parties of the appeal procedure provided for in the Appeal Regulations published in GN R993 of 8 December 2014 in terms of Section 44 read together with Section 43 of the National Environmental Management Act,

Act 107 of 1998; and

3.3. Advise interested and affected parties that a copy of the Environmental Authorisation

and reasons for the decision will be furnished on request.

4. In the event that an appeal is lodged, copies of such appeal must be served on the

applicant (if not the appellant), all registered interested and affected parties as well as

juristic state departments (organ of state with interest in the matter within 20 days of

having been notified in accordance with the requirements stipulated in paragraph 1.

Only appeals on environmental grounds can be considered. All appeals should be accompanied by relevant supporting documentation.

mailto:[email protected]


ECONOMIC DEVELOPMENT, ENVIRONMENTAL AFFAIRS, AND TOURISM


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5. Any appeal against the decision contained in this Authorisation must be addressed in writing, to the MEC for Economic Development, Environmental Affairs & Tourism (hereinafter referred to as “the MEC”) in terms of Regulation 4(1) of the NEMA Appeal Regulations 2014 and within 20 (twenty) days after the appellant has been notified in terms of paragraphs 2 and 3, of the decision. The address to which the original of such a notice of intention to appeal must be mailed is outlined below. Please note that originals may also be delivered per hand or courier.

6. An Appeal Submission must be made on a form obtainable from the Department Appeal

Administrator and/or the Departmental website on www.dedea.gov.za or relevant

Regional Office.

7. The Appellant must also submit a copy of the appeal to the regional office that processed

the application.


8. The address to which the original of such a notice of intention to appeal must be mailed

is outlined below. Please note that originals may also be delivered per hand or courier.

Department Economic Development, Environmental

Affairs & Tourism

Attention General Manager: Environmental Affairs

Postal Address Private Bag X0054, BHISHO, 5605

Hand delivery

Old Safety and Liaison Building (Global

Life Complex) opposite Engen Garage,

Bhisho

In order to facilitate efficient administration of appeals copies of any appeal and

supporting documentation must also be submitted as follows:

Manager Environmental Affairs: Mr S.

Gqalangile by email:

Administrative assistant: Ms P. Gxala

[email protected]

[email protected]

9. In the event that an appeal is lodged with regard to this Authorisation, the listed activities described in this Authorisation may not commence prior to the resolution of the appeal and prior to the Department’s written confirmation of compliance with all conditions that must be met before construction can commence, whichever event is the latter.

DAYALAN GOVENDER DEPUTY DIRECTOR CACADU REGION

DATE:___________________

10 March 2021

http://www.dedea.gov.za/


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Corner Athol Fugard and Castle Hill, Central, Port Elizabeth 6001

Private Bag X5001, Greenacres, Port Elizabeth 6057 | Republic of South Africa

Tel: 041 508 5800 | Fax: 041 508 5865 | E-mail: [email protected] |www.dedea.gov.za

Environmental Authorisation

AUTHORISATION NOTICE REGISTER NUMBER

Provincial Reference: ECO6/LN1&3/M/24-2020 NEAS Reference: ECP/EIA/0000951/2020

LAST AMENDED Not applicable

HOLDER OF AUTHORISATION

JN Venter Beleggings Trust represented by Mr Nico Venter.

LOCATION OF ACTIVITY

Portion 228 and a portion of Portion 74 of the Farm Commando Kraal Estate No 113, near Addo within the Sundays River Valley Municipality.

DEFINITIONS: The following definitions are applicable to this Environmental Authorisation:

The following definitions are applicable to this Environmental Authorisation:

Audit” as used in the context of this Environmental Authorisation refers to an audit of compliance with conditions contained in this Environmental Authorisation and the requirements / stipulations of a Construction and / or Operational Environmental Management Programme and not to an Environmental Audit undertaken in terms of an accredited environmental management system by a certified environmental management systems auditor.

“CEMPr” – Construction Environmental Management Programme.

“Commencement” – Any physical activity on site that can be viewed as associated with the construction of the proposed expanded Africanos Country Estate, inclusive of associated infrastructure as described and authorized in this Environmental Authorisation. This includes establishment of a construction site camp and any search and rescue of plants and animals that may have to take place.

“DWS”- The Department of Water & Sanitation.

“ECO” – Environmental Control Officer.


ECONOMIC DEVELOPMENT, ENVIRONMENTAL AFFAIRS AND TOURISM


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“EIA regulations” – These are the 2014 Environmental Impact Assessment Regulations as amended and published in Government Notice R326 of 07 April 2017 in terms of Chapter 5 of the National Environmental Management Act, Act 107 of 1998 as amended.

“EMPr” – refers to the Draft Environmental Management Programme titled “Draft Environmental Management Programme – Basic Assessment – Africanos Country Estate Expansion – Proposed expansion of African Country Estate on Portion 228 to a Portion of Portion 74 of Farm Commando Kraal Estate No 113, Addo Sundays River Valley Municipality” dated December 2020 as prepared by Public Process Consultants and attached to the FBAR as Appendix F.

"FBAR" - refers to the Final Basic Assessment Report with all its appendices titled: “Final Basic Assessment Report Africanos Country Estate Expansion – Proposed expansion of African Country Estate on Portion 228 to a Portion of Portion 74 of Farm Commando Kraal Estate No 113, Addo Sundays River Valley Municipality” dated December 2020 as prepared by Public Process Consultants.

“NEMA” – National Environmental Management Act, Act 107 of 1998.

“OEMP” – Operational Environmental Management Programme.

“The Department” – The Department of Economic Development, Environmental Affairs and Tourism, Eastern Cape Province.

“The Property” as used in the context of this Environmental Authorisation refers to Portions 228 and 74 of the farm Commando Kraal Estate No 113, Addo in the Sundays River Valley Municipality.

1. Decision

The Department is satisfied, on the basis of information available to it and subject to compliance with the conditions of this Environmental Authorisation that the applicant should be allowed to undertake the activity specified below. Details regarding the basis on which the Department reached this decision are set out in Section 4 of this Authorisation.

2. Activities and regulations for which authorisation has been granted

By virtue of the powers conferred on it by the National Environmental Management Act, Act 107 of 1998 and the Environmental Impact Assessment Regulations, 2010 the Department hereby authorises JN Venter Beleggings Trust being the legal or natural person who has applied for this Authorisation, with the following contact details:

Name JN Venter Beleggings Trust

Address PO Box 112, Kirkwood, 6120

Telephone No landline provided Fax None provided

Contact Person

Mr. Nico Venter Cell 082 360 4263

E-mail [email protected]




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To undertake the following activities (hereafter referred to as “the activity”), in terms of the scheduled activities or activities listed in the table below:

Detailed description of activity The activity entails the expansion of the existing Africanos Country Estate on Portion 288 of the farm Commando Kraal Estate No. 113 near Addo within the Sundays River Valley Municipality. Expansion of the existing facilities will also include Portion A of the Remainder Portion 74 of the farm Commando Kraal Estate No. 113. Portion 288 is 1.16ha in extent while Portion A of the Remainder of Portion 74 is 5ha in extent. The proposed expansion includes:

• The addition of 12 chalets accommodating 24 additional guests;

• Staff housing to accommodate 20 additional employees;

• 12 New caravan camping sites (with a new separate access point) which can

accommodate 24 campers;

• A double storey hotel with 36 rooms, accommodating 72 guests;

• A new laundry and tool shed;

• A convenience store;

• A new multifunction hall; and

• Aadditional parking and children’s outdoor play area.

The proposed expansion will also necessitate the demolition of existing buildings to accommodate the proposed new development components. The proposed expansion will include the following components:

• Clearing of vegetation (orchards and scrub) for construction;

• Site levelling and landscaping;

• Construction of various new buildings;

• Site preparation and establishment of new Caravan Camping area including an

ablution block;

• Construction of new parking area;

• Installation of additional infrastructure including:

➢ Extension to the existing domestic water supply from the irrigation canal

offtake, to existing raw water tanks and new water tanks;

➢ Upgrade of the effluent management system;

➢ Establishment of a stormwater management system; and

➢ Establishment of rainwater harvesting system where possible.

The total expansion footprint is anticipated to be approximately 5 ha and will extend across Portion 228 of Farm Commando Kraal Estate No 113 and Portion A of Remainder Portion 74 of the farm Commando Kraal Estate No. 113. Infrastructure



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Roads

It is proposed to relocate the existing main access to Africanos Country Estate to approximately 200m south-east of the R336/Zuurberg Way intersection in order to accommodate the increased vehicular activity that will be generated by the expanded development. In addition, acceleration and deceleration lanes will be provided at the relocated access point. Two existing secondary access points along Zuurberg Way that provide access to the staff housing and the refuse/delivery area to the rear of Africanos Country Estate will be retained. In addition a new access point will be provided near the northern corner of Portion 228 of Commando Kraal Estate No. 113 off Zuurberg Way to provide access to the caravan park component of the development. Electricity supply

The existing electrical infrastructure providing electricity to Africanos Country Estate will be utilised to service the expanded development. In this regard Eskom has confirmed that there is currently capacity to supply an additional 200kVa electricity for such. Storm water system

The stormwater system has been designed to ensure that the post development flow which will leave the site will be similar or less than the pre-development flows and simultaneously replenish the underground water sources.

To reduce the run-off of overland storm water, it is proposed that storm water be intercepted from the roof areas and conveyed to rainwater storage tanks near the buildings. The surplus storm water from the roofs will be directed to the open grassed areas on and near the proposed caravan park, hotel, multifunction hall and kids play area.

Storm water from the biggest part of the site will be intercepted and conveyed to the shallow storm water detention area as far as practically possible. This storm water detention area has been designed to retain post-development major design storm intercepted flows up to a maximum 1 in 100 year recurrence intervals and release up to a maximum of a 1 in 5 year recurrence interval run-off to the existing storm water system next to, and in the reserve of, the R336 Road.

The shallow grassed stormwater detention area has been designed to detain 759m³ over an area of 3 539m² (approximately 20m wide x 179m long x maximum 600mm deep). The detained overflow from the said detention area will drain via a shallow paved “V” channel over the proposed parking area to the existing open storm water channel next to, and in the reserve of, the R336 Road via a 600mm diameter storm water pipe (subject to SANRAL approval).

The formed road/ parking areas and grassed areas shall be designed to also act as shallow storm water channels under minor storms and emergency overland flow routes during or after major storm conditions where needed. In this regard the general resultant longitudinal gradients of the formed surface areas/roads shall be designed to direct the surface storm water flow to the shallow storm water detention area as far as practically possible. The gradient of constructed “embankments” to



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the grassed stormwater detention area shall not be steeper than 1 in 5 to enhance the safety of people, establishment of vegetation and soil stability under wet conditions as far as practical possible.

Detention and discharge of storm water from the storm water pond will take place in accordance with the applicable regulations and design guidelines.

Refuse Removal

The proposed extension of Africanos will produce an additional 6m³ per day which should generate an additional 42m³ domestic waste per week. The total future domestic waste for the Africanos Country Estate is therefore anticipated to be 63m³ per week.

Africanos Country Estate will accept accountability for the effective management including the storing and collection of the solid waste from all the entities on site. The solid waste from the development will be collected and stored in containers in a communal refuse room before collection by a private licensed Contractor with a safe disposal certificate as dictated by the municipality. The solid waste will be collected on a regular basis (weekly) from the communal refuse area and be disposed at the registered Koedoeskloof Dump Site in the interim until such a time as the Sunland Waste Dump is effectively managed and in a position to receive domestic waste.

Water Supply System

The Maximum Daily Domestic Demand (MDDD) for the full development (existing + proposed expansion) is anticipated to be 79.85m³/day and the AADD equal to 36.86m³/day and on average 258.73m³/week. The bulk water supply to the existing Africanos Country Estate on Portion 228 of Commando Kraal Estate No. 113 is obtained from the Lower Sundays River Water Users Association (LSRWUA). The water supplied from the canal is treated in an existing on-site water treatment plant for domestic use. The existing authorized water supply from the canal of the LSRWUA to Africanos Country Estate is 3000m³ per month which translates to 100m³/day or 700m³/week which is already adequate to provide in the total average weekly demand of 258.73m³. In addition the 5ha Portion A of Remainder Portion 74 will be sold to the applicant with the existing water use entitlements. Subject to all the applicable water right approvals, the water supply from the irrigation canal to the 5ha property will thus be 123.29m³/day and 865.40m³/week. The total water supply from LSRWUA to the full development on both properties will therefore be 223.29m³/day and on average 1563.03m³/week which is more than sufficient for the average weekly water demand of 258.73m³/week for the full development on both properties.



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Considering the risk of continuous water supply from the irrigation canal on a weekly basis, it is recommended to put an additional raw water reservoir of 283m³ next to the existing 283m³ raw water reservoir at the existing water treatment plant as well as an additional water tank (283m³) to store the treated irrigation water. The existing on-site water treatment plant has sufficient capacity to treat the increased water demand and therefore is not required to be expanded. A number of water-saving products will be incorporated into the designs to further reduce water consumption. In order to accommodate the required minimum residual head pressure of 150kPa under instantaneous peak demand conditions and to accommodate a fire flow of 25 litres per second, it is recommended to install an elevated 3m high platform with water tanks with an effective fire storage capacity of 30kl combined with a FH, non-return valve and fire booster connection to the looped reticulation main. Foul Sewer System

The anticipated average dry weather flow for domestic effluent for the full development is anticipated to be 35.02m³ per day and it will treated with a Clearedge Sewage Treatment System. The sewage treatment system will be located near the northern corner of the site and will have a maximum daily throughput capacity of 40m³. The existing conservancy tank system will be incorporated into the sewage reticulation infrastructure and will be converted into a septic tank to enable overflow for the tank to be conveyed to the foul sewer treatment plant. The Clearedge Sewage Treatment System will consist of the following components:

• A “communal” three-chamber septic tank with a minimum 24 hour design load

capacity (72m³ with an approximate size of 6m X 6m X 2.5m deep depending on

inlet depth) to receive the raw effluent;

• Two bioreactors which contain the bacteria that break down the organic matter;

• A clarifier tank wherein the sludge will be settled out, drained and be returned to

the first chamber of the “communal” septic tank;

• A chlorine contact tank to disinfect the clear treated effluent;

• An irrigation / emergency retention pond to allow for a minimum of 4 days

retention time which will make the final effluent free of residual chlorine as a

result of isolated overdosing conditions. Additionally, the retention pond will be

designed to be able to accommodate up to 15 days of ADWF in the event of

unforeseen package plant breakdowns and emergencies, so that it may be re-

circulated to the communal septic tank to prevent contamination of ground or

surface water sources. The irrigation pond shall be constructed with a plastic

lined base covered with a 300mm clay layer to avoid percolation to lower lying

ground layers; and

• Installation of three sewer pump stations to facilitate the pumping of sewage

effluent to the Clearedge Waste Water Treatment System.



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The gravity sewers will mainly consist of 160mm PVC-u sewer pipes to convey the overflow from all the foulsewer generating entities to the three underground sewer pump stations respectively. The sewer pumping mains from the pump stations will consist of 110mm diameter PVC-U pipes and will convey the sewer effluent to the sewage treatment system. The sewer pump stations will also be provided with emergency overflow facilities with effective storage capacities.

Listed Activities GN R 327 (27) The clearance of an area of 1 hectares or more, but less than

20 hectares of indigenous vegetation.

GN R 327 (28) Residential, mixed, retail, commercial, industrial or institutional developments where such land was used for agriculture, game farming, equestrian purposes or afforestation on or after 01 April 1998 and where such development: (ii) will occur outside an urban area, where the total land to be developed is bigger than 1 hectare;

GN R324 (4) The development of a road wider than 4 metres with a reserve less than 13,5 metres. a. Eastern Cape i. Outside urban areas: (gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve, excluding disturbed areas;”

GN R324 (16) The expansion of reservoirs, excluding dams, where the capacity will be increased by more than 250 cubic metres. a. Eastern Cape i. Outside urban areas: (hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve.

GN R 324 (17) The expansion of a resort, lodge, hotel, tourism or hospitality facilities where the Development footprint will be expanded and the expanded facility can accommodate an additional 15 people or more. a. Eastern Cape i. Outside urban areas: (gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve.



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At the locality defined in the Table below, and hereafter referred to as “the property”:

District Sarah Baartman

Municipal Area Sundays River Valley Municipality

Farm Name Commando Kraal Estate No. 113

Farm Number and Portion

Farm Number 113; Portion 228 and Portion of Portion 74.

Erf Number and Township Extension or Suburb

N/A

Co-ordinates of corner points of the properties.

33° 30’ 59.50” S and 25° 40’ 13.51” E 33° 31’ 5.96” S and 25° 40’ 17.59” E 33° 31’ 10.53” S and 25° 40’ 11.10” E 33° 31’ 3.35” S and 25° 40’ 2.96” E

Physical address Africanos Country Estate

This Environmental Authorisation is granted subject to the conditions set out below. 3. Conditions

The Department of Economic Development, Environmental Affairs and Tourism may from time to time review this Environmental Authorisation and on good grounds and after written notice to the holder thereof, suspend or amend such Environmental Authorisation. 3.1. Duration of authorisation

3.1.1. Expansion of the existing Africanos Country Estate as authorised in this Environmental Authorisation inclusive of the associated infrastructure as described in Section 2 of this Authorisation Notice must commence within a period of 24 months from the date of issue of this Authorisation. If commencement of the activity does not occur within this period, this Environmental Authorisation lapses and a new application for Environmental Authorisation must be made in order for the activity to be undertaken.

3.1.2. Construction of all components inclusive of service infrastructure and individual residential dwellings to be completed within 48 months from date of commencement.

3.1.3. Extension of the Environmental Authorisation may be applied for in writing provided that the Environmental Authorisation is still valid at the time of submission of such application. If no request for extension is received prior to the date of expiry of this Environmental Authorisation, the Environmental Authorisation will be deemed to have lapsed.

3.1.4. On receipt of any such application for extension, the Department reserves the right to request such information as it may deem necessary to consider the application for extension which may include but not limited to:



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3.1.4.1. An updated EMP; and

3.1.4.2. Such public participation process as may be deemed necessary at the time of the application for extension.

3.1.5. Conditions relating to the operation of the project are valid in perpetuity.

3.2. Standard conditions and declarations

3.2.1. Authorisation is subject to the conditions contained in this Environmental Authorisation which conditions form part of the Environmental Authorisation and are binding on the holder thereof.

3.2.2. This Environmental Authorisation applies only to the activities and property described therein.

3.2.3. This Environmental Authorisation does not negate the holder thereof of his/her responsibility to comply with any other statutory requirements that may be applicable to the undertaking of the activity, including but not limited to:

3.2.3.1. The National Water Act, Act 36 of 1998;

3.2.3.2. National Environmental Management: Biodiversity Act, Act of 10 of 2004;

3.2.3.3. The Heritage Resources Act, Act 25 of 1999; and

3.2.3.4. Applicable municipal regulations and bylaws.

3.2.4. The holder of this Environmental Authorisation shall be responsible for ensuring compliance with the conditions by any person acting on his or her behalf, including but not limited to, an agent, sub-contractor, employee or person rendering a service to the holder of this Environmental Authorisation.

3.2.5. Should any environmental damage be detected, that in the opinion of this Department, is the result of the development, then the applicant shall be required to make good that damage to the satisfaction of the said authority at his/her own expense.

3.2.6. In the event of any dispute as to what constitutes environmental damage, this Department’s opinion will prevail.

3.2.7. This authorisation applies strictly to the project description as outlined in Section 2 of this Authorisation. Should the applicant wish to amend any component or aspect of the project hereby authorised, then approval will be required from this Department. The Department will advise what information is required as well as the process that must be followed in order to apply for an amendment to this Environmental Authorisation or, if needed, for authorisation in terms of the applicable EIA Regulations promulgated in terms of the National Environmental Management Act, Act 107 of 1998.

3.2.8. This Environmental Authorisation is issued to the applicant described above. Should the applicant wish to transfer this Environmental Authorisation to another person (whether legal or natural), such transfer is to be affected by means of an amendment to the Environmental Authorisation. Such amendment to be applied for in terms of the relevant provisions contained in the EIA Regulations that may be applicable at the time.



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3.2.9. This Environmental Authorisation must be made available to any interested and affected party who has registered their interest in the proposed development. The applicant is responsible for ensuring that a copy of this Environmental Authorisation is given to any such interested and affected party within 14 (fourteen) days of receiving this Environmental Authorisation.

3.2.10. This Environmental Authorisation or a certified copy thereof must be kept at the property where the activity will be undertaken. The Authorisation must be produced to any authorised official of the Department who requests to see it and must be made available for inspection by any employee or agent of the holder of the authorisation who works or undertakes work at the site.

3.2.11. Where any of the applicant’s contact details change, including the name of the responsible person, the physical or postal address and/or telephonic details, the applicant must notify the Department as soon as the new details become known to the applicant.

3.2.12. In all cases, the holder of the Environmental Authorisation must notify the Department, in writing, within 30 days if a condition of this Authorisation is not adhered to. Any notification in terms of this condition must be accompanied by reasons for the non-compliance.

3.2.13. Non-compliance with a condition of this Environmental Authorisation may result in criminal prosecution or other actions provided for in the National Environmental Management Act, Act 107 of 1998 and the regulations.

3.2.14. JN Venter Beleggings Trust will be held liable in the event of non-compliance with any condition of this Authorisation Notice or any stipulation of the CEMP and/or the OEMP by any contractor associated with this activity.

3.3. Project Specific Conditions

3.3.1. Fourteen days written notice must be given to the Department that the activity will commence. Commencement for the purposes of this condition includes site preparation. The notice must include a date on which it is anticipated that the activity will commence.

3.3.2. A final detailed site layout plan to be submitted to and approved by the Department prior to the commencement of any construction activities on the property. Such layout plan to be based on the site plan attached to the FBAR as Appendix 1 and the Facility Illustrations attached to the FBAR as Appendix 3 and to provide for amongst others the following:

3.3.2.1. The final position of the various components of the expanded Africanos Country Estate;

3.3.2.2. The position of all service infrastructure associated with the expanded Africanos Country Estate;

3.3.2.3. The alignment of all internal roads inclusive of the new proposed main access from the R336, the two existing secondary access points on Zuurberg Way (MN50600) as well as the new proposed access point near the northern corner of the property on Zuurberg Way; and



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3.3.2.4. Be appropriated referenced with a drawing number and a date.

3.3.3. The main and secondary access roads to the Africanos Country Estate and internal roads providing access to the individual components and service infrastructure to be according to the design specifications as contained in the Engineers Report attached to the FBAR as Appendix D(i).

3.3.4. Sewage / effluent disposal for the resort component of the development to be by means of a Clearedge Sewage System with associated components as described in Section 2 of this Environmental Authoristion and in accordance with the design specifications as contained in the Engineers Report attached to the FBAR as Appendix D(i).

3.3.5. Domestic water supply and water supply infrastructure to be by means of the water use entitlements from the Lower Sundays River Water Users Association and as per the design specifications and volumes as described in Section 2 of this Environmental Authorisation and in accordance with design specifications as contained in the Engineers Report attached to the FBAR as Appendix D(i).

3.3.6. Further to Condition 3.3.13 water supply to individual components to be supplemented by rain water harvesting.

3.3.7. A comprehensive CEMPr to be compiled and submitted to DEDEAT for approval and implemented for the construction phase of the development. In this regard the section of the EMPr that deals with construction may be used as a framework for compilation of the CEMPr and to include amongst others:

3.3.7.1. Applicable conditions as contained in this Environmental Authorisation;

3.3.7.2. General principals of environmental management as applicable to construction activities including environmental best practice, control and prevention of erosion, minimisation of dust etc;

3.3.7.3. Mitigatory measures and recommendations contained in the FBAR;

3.3.7.4. Clear stipulations as to who is responsible and accountable for what actions;

3.3.7.5. A general code of conduct for any contractor that may be carrying out any work on the relevant development sites; and

3.3.7.6. A clear description of the construction activities to be carried out on each individual construction site inclusive of method statements for the various construction activities as applicable.

3.3.8. General principles of environmental management as contemplated in Condition 3.3.18.2 to include amongst others the following:

3.3.8.1. No cement/concrete mixing to take place on the soil surface. Cement mixers to be placed on large trays to prevent accidental spills from coming into contact with the soil surface;

3.3.8.2. Generators and fuel supply needed during construction must be placed on trays, which rest on clean sand. Once construction has been completed, this sand must be removed from site and disposed of at a registered waste disposal site;



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3.3.8.3. Any substrate contaminated by the spillage of hydrocarbons or other pollutants to be removed from the site and disposed of at a registered waste disposal site;

3.3.8.4. No servicing of vehicles and other machinery to take place on site and no fuel or other hazardous material to be stored on site;

3.3.8.5. All excess construction material and any waste generated during construction must be removed from site on an ongoing basis. No waste from construction or otherwise, may be disposed of on site;

3.3.8.6. Adequate waste disposal and sanitation facilities to be provided and the applicant must ensure that these facilities are properly used and maintained. Any containers used for this purpose to be such that dogs and other scavengers (such as baboons) cannot gain access thereto; and

3.3.8.7. No fill material to be brought on site. Excess material remaining after construction to be removed from the site and disposed of at a registered waste disposal site.

3.3.9. An Environmental Control Officer to be appointed for the duration of the construction activities to oversee implementation of the CEMPR as well as adherence to the conditions contained within this Authorisation.

3.3.10. The ECO are amongst others responsible for the following;

3.3.10.1. To keep record of all activities on site, problems identified, transgressions noted as well as a schedule of tasks undertaken by the ECO;

3.3.10.2. To keep and maintain a detailed incident and complaints register (inclusive of any spillages of hazardous substances and other materials) indicating how these issues were addressed (including any rehabilitation measures implemented) and preventative measures implemented to avoid re-occurrence of such incidents;

3.3.10.3. To keep copies of all reports submitted to the Department on site;

3.3.10.4. To obtain and keep record of all documentation, permits, licences and authorisations relevant to the project on site;

3.3.11. Prior to the commencement of the development, a pre-commencement compliance audit to be conducted and submitted to the Department to verify compliance with all conditions that are to be complied with / met prior to the commencement of the development. Such compliance audit to be submitted together with the 14 day notice of commencement as contemplated in Condition 3.3.1.

3.3.12. Any recommendations / mitigatory measures contained in the FBAR and its appendixes and not explicitly covered under the conditions contained in this Environmental Authorisation, are regarded as conditions in terms of this Environmental Authorisation. In the event that any such recommendation / mitigatory measure are contradictory to a condition contained in this Environmental Authorisation, such condition will be deemed to take precedence.

3.3.13. Further to Condition 3.3.12, JN Venter Beleggings Trust to compile a detailed record of all Conditions, inclusive of recommendations / mitigatory measures contained in



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the FBAR, in tabular format for inclusion in the Construction phase Environmental Management Programme and / or Operational Phase Environmental Management Programme as applicable.

3.3.14. The relevant conditions of this Environmental Authorisation as well as the relevant requirements of the CEMPr shall form part of any contracts entered into between the applicant and any contractor(s) and or any sub-contractor(s).

3.3.15. Further to Condition 3.3.14, a performance based requirement with regard to environmental impact management must be included in all contracts related to any activity relating to this Environmental Authorisation inclusive of incentives and penalties.

3.3.16. The CEMP referred to in Condition 3.3.7 to be implemented and strictly adhered to for the duration of the construction phaseStockpiling of any building material and machinery must be accommodated within the perimeter of the general construction site in accordance with the CEMPr.

3.3.17. Soil exposure must be limited to the actual construction sites and no indigenous vegetation may be removed on the remainder of the site.

3.3.18. Any areas disturbed due to construction activities, must be rehabilitated with indigenous vegetation immediately after construction has been completed.

3.3.19. Construction activities to be restricted to normal working hours being 8:00 to 17:00 on weekdays. No construction to take place on weekends and public holidays.

3.3.20. The existing large mature Ficus trees on the premises of the existing extent of Africanos Country Estate as well as on the adjacent Portion A are to be retained and incorporated into the landscaping of the expanded Africanos Country Estate.

3.3.21. Further to Condition 3.3.20 landscaping of the expanded Africanos Country Estate to make use of indigenous vegetation as far as possible. In the event that non-indigenous plants species are to be used, it must be ensured that such species are not classified as invasive aliens or weeds in terms of the Conservation of Agricultural Resources Act, Act 43 of 1983.

3.3.22. All sand, gravel stone or other building material to be used are to be obtained from a bona fide source and the building contractor is not allowed to source any such material from the surrounding environment.

3.3.23. The South African Heritage Resources Agency (SAHRA) must be contacted immediately should any noticeable concentration of heritage resources, both archaeological and paleontological, be discovered during the course of the development.

3.3.24. A suitably qualified botanist is to survey the construction areas prior to construction and is to identify any protected species or species of special concern as well as other indigenous plant specimens which can be relocated. Such specimens are to be relocated and appropriately transplanted, including in any rehabilitation initiatives where applicable and practical elsewhere on the property.

3.3.25. Further to Condition 3.3.24 the necessary permits must be obtained from DEDEAT for those species protected under the Cape Nature and Environmental Ordinance (Ordinance 19 of 1974) or NEM:BA. For those species protected under the National Forest Act (Act 84 of 1998), the relevant permits are to be obtained from the Forestry Branch of DEFF.



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3.3.26. The construction phase to be audited on an ongoing basis by the ECO and quarterly audit reports are to be submitted to the Department. Furthermore a final post construction audit to be conducted and submitted to this Department within three months of the completion of construction.

3.3.27. A post construction environmental audit to be carried out and the report submitted to this Department within one (1) month of the completion of construction. This audit to, as a minimum, consider adherence to the relevant conditions contained in this Environmental Authorisation and the stipulations of the CEMP.

3.3.28. Non-compliance with any stipulation in the CEMP will be regarded as non-compliance in terms of this Environmental Authorisation.

3.3.29. A comprehensive OEMPr to be compiled to the satisfaction of DEDEAT and implemented for the duration of the operational phase of the development inclusive of the management of the nature reserve.

3.3.30. The section of the EMPr addressing operational aspects may used as a framework for the OEMPr contemplated in Condition 3.3.29 to provide for amongst others:

3.3.30.1. A comprehensive waste management plan;

3.3.30.2. A general Code of Conduct for visitors, contractors and or workers;

3.3.30.3. A monitoring Plan for the monitoring of sewage treatment / disposal facilities inclusive of corrective actions;

3.3.30.4. A comprehensive storm water management plan to manage storm water during the operational phase of the development;

3.3.30.5. All conditions in this Environmental Authorisation that are applicable to the operational phase of the development; and

3.3.30.6. All mitigatory measures / recommendations contained in the FBAR that are applicable to the operational phase of the development.

3.3.31. The Code of Conduct contemplated in Condition 3.3.30.2 to address amongst others:

3.3.31.1. Appropriate mechanisms to ensure that the conduct of any contractors, service providers, staff as well as any other visitors to the estate conduct themselves in a manner which is in keeping with the norms and standards set by the code of conduct and the OEMPr; and

3.3.31.2. Mechanisms to ensure the on-going overseeing of adherence to the norms and standards set by the code of conduct and the OEMPr.

3.3.32. The waste management plan referred to in Condition 3.3.30.1 to address amongst others:

3.3.32.1. No waste disposal/landfill site to be established and operated on the property;

3.3.32.2. The minimisation and sorting of waste at source;

3.3.32.3. Consideration of the compacting of non-recoverable solid waste prior to it being transported to a registered waste disposal site; and

3.3.32.4. Recycling of recoverable waste.



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3.3.33. Compliance with the OEMPr to be audited on an annual basis and the results of such audits to be submitted to DEDEAT within one month of such audit being completed.

3.3.34. Vehicular traffic to be confined to the approved roadways and no vehicles are allowed to travel off such approved roadways.

3.3.35. No herbicides to be used for the control of vegetation except for herbicides registered for the control of specific invasive alien plants.

3.3.36. No servicing of vehicles and other machinery to take place on site.

3.3.37. No fuel or other hazardous material other than for domestic use, to be stored on site.

3.3.38. Prior to decommissioning of all or part of the development a decommissioning plan must be submitted to DEDEAT.

3.3.39. All decommissioned areas must be left in a state that is equal to or better than the original environment.

3.3.40. Non-compliance with any stipulation in the OEMPr will be regarded as non-compliance in terms of this Environmental Authorisation.

3.3.41. Notwithstanding the provisions of any of these conditions, all recommendations, guidelines and standard conditions contained in FBAR applicable to the management of operational phase impacts are to be complied with unless such mitigatory measure / recommendation is in conflict with a condition contained in this Environmental Authorisation.

4. Reasons for Decision

4.1. Information considered in making the decision

In reaching its decision, the Department took, inter alia, the following into consideration:

4.1.1. The information contained in the following documentation:

➢ Completed application form dated 5 October 2020 and received on 7 October 2020;

➢ Completed Draft Basic Assessment Report titled “Consultation Basic Assessment Report Africanos Country Estate Expansion - Proposed expansion of Africanos Country Estate on Portion 228 to a portion of Portion 74 of Commando Kraal Estate No. 113, Addo, Sundays River Valley Municipality” dated October 2020 as prepared by Public Process Consultants.

➢ Completed Final Basic Assessment Report titled “Final Basic Assessment Report Africanos Country Estate Expansion - Proposed expansion of Africanos Country Estate on Portion 228 to a portion of Portion 74 of Commando Kraal Estate No. 113, Addo, Sundays River Valley Municipality“ dated December 2020 as prepared by Public Process Consultants.



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4.1.2. Observations made during a site visit conducted on 20 October 2020 by Mr Andries Struwig from this Department in the company of Ms Wren and Ms Jacoby from Public Process Consultants (the EAP).

4.1.3. The EIA regulations of 2014 as amended and the objectives and requirements of relevant legislation, policies and guidelines, including Section 2 of the National Environmental Management Act, Act 107 of 1998.

4.2. Key factors considered in making the decision

4.2.1. The applicant, JN Venter Beleggings Trust proposes to expand the existing Africanos Country Estate on Portion 288 of the Farm Commando Kraal Estate near Addo within the Sundays River Valley Municipality. Expansion of the existing facilities will also include Portion A of the Remainder of Portion 74 of the Farm Commando Kraal Estate No. 113 which is immediately adjacent to Portion 288. The expansion will include the addition of 12 chalets, establishment of 12 caravan camping sites, construction of a 36 room hotel, construction of staff housing for an additional 20 employees, a new multifunction hall, a convenience store and a new laundry and tool shed. Associated service infrastructure will also be installed as described in Section 2 of this Environmental Authoriation.

4.2.2. The existing Africanos Country Estate is located on Portion 228 of the Farm Commando Kraal Estate which is 1.16ha in extent. The majority of the proposed expansion will take place on Portion A of the Remainder of Portion 74 of the Farm Commando Kraal Estate No. 113 which is 5ha in extent. Portion 228 is already zoned for Business Zone 1 while Portion A is currently zoned Agriculture. The two portions will be consolidated into one property and will be zoned Business 1. The Department of Agriculture has provided consent for the consolidation of the two portions of land and confirmed that it may be used for non-agricultural purposes.

4.2.3. The land portions in question have been disturbed through historical transformation. While the existing Afrcanos Country Estate is located on Portion 228, Portion A consists largely of citrus orchards and previously cultivated fields. Two old buildings and a shed is located on Portion A as well as a small man-made concrete reservoir in the middle of the orchards. There is thus no indigenous vegetation of any significance remaining on the two properties in question except for a number of large mature Ficus burkei trees. Furthermore the Architectural Heritage Assessment has found that the existing buildings on Portion A has no architectural or heritage value. That being said, the necessary approvals will have to be obtained from the South African Heritage Resources Agency prior to these buildings being demolished to facilitate expansion of the Africanos Country Estate.

4.2.4. The proposed development is in line with the latest Integrated Development Plan (IDP) of the Sundays River Valley Municipality. The IDP indicates that the municipality can boost its ecotourism potential with the Addo Elephant National Park being one of two important economic drivers in the municipality. In this regard the IDP states “the recreation and tourism potential of the SRVM area is fairly well developed with tremendous potential for further expansion and improvement”. It is anticipated that the expanded Africanos Country Estate will contribute to the growth of the tourism sector by providing additional accommodation in the area.



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4.2.5. The development will be independent from the Sundays River Valley Municipality with regard to the provision of services. Potable water supply to the development will be obtained from existing water use entitlements from the Lower Sundays River Water Users Association. These water use entitlements are more than adequate to provide in the daily water demand of the upgraded Africanos Country Estate while the existing raw water treatment facility has adequate capacity to treat the additional water that will be needed. Although there is adequate water available to supply in the water demand of the expanded Africanos Country Estate, rainwater harvesting from the roofs of the structures will nevertheless be implemented.

Treatment of domestic effluent will be by means of a ClearEdge Sewage Treatment System that will deliver a final effluent of a quality that is suitable for release into the natural environment. This effluent will be used to irrigate the road edges, areas around service infrastructure as well as any landscape initiatives on within the perimeter of the expanded Africanos Country Estate. It can also be used in any rehabilitation initiatives that may be necessary.

4.2.6. The project has been advertised and has been subjected to Public Participation as per the EIA Regulations. Although a number of comments have been received and issues raised during this process it must be noted that there were no objections registered during this process. The Department is satisfied that the Public Participation Process followed satisfies the requirements for public participation as contained in the NEMA 2014 EIA Regulations as amended.

4.2.6 Impacts associated with the construction phase of the development have been addressed through the requirement for the implementation of a comprehensive CEMPR. Furthermore it is a requirement that a dedicated Environmental Control Officer be appointed for the duration of the construction phase to oversee implementation of and adherence to the stipulations of said CEMPR and conditions contained in this Environmental Authorisation. In addition a number of other measures are stipulated in the conditions contained in Section 3 of this Environmental Authorisation that are intended to ensure that potential impacts associated with the operational phase of the proposed development are kept within acceptable limits and that are compatible with the proposed use of the property as a nature reserve.

4.2.8. The operational phase of the expanded Africanos Country Estate will be managed through the implementation of a comprehensive OEMPr that will include a code of conduct for all residents, visitors, workers, contractors etc.

4.2.7. In general it is believed that all impacts associated with the construction and operation of the expanded Africcanos Country Estate will not result in unacceptable / significant negative impacts on the environment, especially if all the stipulated mitigatory measures are implemented. No fatal flaws were discovered during the Basic Assessment Process and from an environmental perspective there is nothing that would preclude an authorisation being issued. In addition a number of other measures are stipulated in the conditions contained in Section 3 of this Environmental Authorisation that are intended to ensure that potential impacts associated with the proposed development are kept within limits that are compatible with the environmental character of the site. It is further believed that this development does not present any impact that could not be successfully mitigated.



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4.2.8. The environmental process followed is deemed to be satisfactory. It is the opinion of the Department that the information at hand is sufficient and adequate to make an informed decision. In this regard the Department is satisfied that, subject to compliance with the conditions contained in the Environmental Authorisation, the proposed activity will not conflict with the general objectives of integrated environmental management laid down in Chapter 5 of the National Environmental Management Act, Act 107 of 1998, and that any potentially detrimental environmental impacts resulting from the proposed activities can be mitigated to acceptable levels.

5. Appeal of authorisation

5.1 In terms of Regulation 4(2) of the Environmental Impact Assessment Regulations, 2014 as amended, you are instructed to notify all registered interested and affected parties, in writing and within 14 (fourteen) calendar days of the date of this letter, of the Department’s decision in respect of your application.

5.2 The written notification referred to in Condition 5.1 above must:

5.2.1. Specify the date on which the Authorisation was issued;

5.2.2. Inform interested and affected parties of the appeal procedure provided for in the Appeal Regulations published in GN R993 of 8 December 2014 in terms of Section 44 read together with Section 43 of the National Environmental Management Act, Act 107 of 1998 as amended; and

5.2.3. Advise interested and affected parties that a copy of the Environmental Authorisation and reasons for the decision will be furnished on request.

5.3 Any appeal against the decision contained in this Authorisation must be addressed in writing, to the MEC for Economic Development, Environmental Affairs & Tourism (hereinafter referred to as “the MEC”) in terms of Regulation 4(1) of the NEMA Appeal Regulations 2014 and within 20 (twenty) days after the appellant has been notified in terms of paragraphs 5.1 and 5.2 of the decision.

5.4 An Appeal Submission must be made on a form obtainable from the Department Appeal Administrator and/or the Departmental website on www.dedea.gov.za or relevant Regional Office; and

5.5 The Appellant must also serve a copy of the appeal to the regional office that processed the application.


5.6 The address to which the original of any appeal and any other documents pertaining

to the appeal must be mailed is outlined below. Please note that originals may also

be delivered per hand or courier.

Department Economic Development, Environmental Affairs and Tourism

Attention General Manager: Environmental Affairs

http://www.dedea.gov.za/



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Postal Address Private Bag X0054, BHISHO, 5605

By Hand Old Safety and Liaison Building (Global Life Complex) opposite Engen Garage, Bhisho

In order to facilitate efficient administration of appeals copies of any appeal and supporting documentation must also be submitted as follows:

Manager Environmental Affairs: Mr S. Gqalangile by email:

Administrative assistant: Ms P. Gxala

[email protected]

[email protected]

5.7 In the event that an appeal is lodged with regard to this Authorisation, the listed activities

described in this Authorisation may not commence prior to the resolution of the appeal

and prior to the Department’s written confirmation of compliance with all conditions that

must be met before construction can commence, whichever event is the latter.

ANDRIES STRUWIG MANAGER: EQM CACADU REGION

DATE

DAYALAN GOVENDER DEPUTY DIRECTOR: ENVIRONMENTAL AFFAIRS CACADU REGION DATE:________________________

10 March 2021

10 March 2021


APPLICATION FOR AUTHORISATION IN TERMS OF SECTION 24 …

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