APPLICATION FORM FOR ENVIRONMENTAL AUTHORISATION · Application for Environmental Authorisation...

Application for Environmental Authorisation Form

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APPLICATION FORM FOR ENVIRONMENTAL AUTHORISATION

(For official use only)

File Reference Number:

NEAS Reference Number: DEA/EIA/

Date Received:

Application for authorisation in terms of the National Environmental Management Act, Act No. 107 of 1998, as amended and the Environmental Impact Assessment (EIA) Regulations, 2014, as amended (the Regulations)

PROJECT TITLE

PROPOSED CAPACITY IMPROVEMENTS TO NATIONAL ROUTE 3 (N3) WITHIN MKHAMBATHINI AND

MSUNDUZI LOCAL MUNICIPALITIES, KWAZULU-NATAL

BASIC ASSESSMENT 5

Capacity Upgrades to the N3 from Lynnfield Park (Km 30.6) to Gladys Manzi (formerly Murray) Road (Km 6.1)

Indicate if the DRAFT report accompanies the application NO. DRAFT WILL BE SUBMITTED

SEPARATELY PRE-APPLICATION CONSULTATION

Was a pre-application meeting held Yes x

Date of the pre-application meeting 23 April 2018

Reference number of pre-application meeting held None provided

Were minutes compiled and submitted to the Department for approval Yes Emailed to DEA on 8 May 2018

A copy of the pre-application meeting minutes must be appended to this application as APPENDIX 1. Kindly note the following: 1. This form must always be used for applications that must be subjected to Basic Assessment or Scoping &

Environmental Impact Reporting where this Department is the Competent Authority.

2. This application form is current as of 01 September 2018. It is the responsibility of the Applicant / Environmental

Assessment Practitioner (EAP) to ascertain whether subsequent versions of the form have been published or

produced by the Competent Authority. The latest available Departmental templates are available at

https://www.environment.gov.za/documents/forms.

3. The onus on Applicant/EAP to determine all applicable listed activities that would require Environmental

Authorisation prior to the commencement of the construction activities. Should any revision of your development

comprise any other activities that constitute a listed activity/ies as defined in GN R983, R984 and R98 of 04

December 2014, as amended, it must also form part of the Application for Environmental Authorisation.

4. An application fee is applicable (refer to Section 2). Proof of payment must accompany this application. The

application will not be processed without proof of payment unless one of the exclusions provided for in the Fee


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Regulations is applicable AND such information in the exclusion section of this application form has been confirmed

by this Department.

5. A cover letter on your company letterhead indicating the nature of this application must be appended to this form i.e.

new application for Environmental Authorisation, updated application for Environmental Authorisation.

6. An electronic copy (in the form of a USB) of the signed application form must be submitted together with two

hardcopies (one of which must contain the original signatures of both the Applicant and EAP).

7. This form must be marked “for Attention: Chief Director: Integrated Environmental Authorisations” and

submitted to the Department at the postal or physical addresses contained in this form.

8. All documentation delivered to the physical address contained in this form must be delivered during the official

Departmental Officer Hours which is visible on the Departmental gate.

9. All EIA related documents (includes application forms, reports or any EIA related submissions) that are faxed;

emailed; delivered to Security or placed in the Departmental Tender Box will not be accepted, only hardcopy

submissions are accepted.

10. The required information must be typed within the spaces provided in the form. The sizes of the spaces provided

are not necessarily indicative of the amount of information to be provided. Spaces are provided in tabular format

and will extend automatically when each space is filled with typing. A legible font type and size must be used when

completing the form. The font size should not be smaller than 10pt (e.g. Arial 10).

11. Where applicable black out the boxes that are not applicable in the form.

12. The use of the phrase “not applicable” in the form must be done with circumspection. Where it is used in respect of

material information that is required by the Competent Authority for assessing the application, this may result in the

rejection of the application as provided for in the Regulations.

13. Unless protected by law, all information contained in and attached to this application, will become public information

on receipt by the Competent Authority. Upon request during any stage of the application process, the Applicant /

EAP must provide any registered interested and affected party with the information contained in and attached to this

application.

14. Should a specialist report or report on a specialised process be submitted at any stage for any part of this

application, the terms of reference for such report and declaration of interest of the specialist must also be

submitted.

15. Please note that this form must be copied to the relevant Provincial Environmental Department(s)

16. An application for Environmental Authorisation/Amendment lapses if the applicant fails to meet any of the

timeframes prescribed in terms of the EIA Regulations, 2014, as amended.

Departmental Details

Postal address: Department of Environmental Affairs Attention: Chief Director: Integrated Environmental Authorisations Private Bag X447 Pretoria 0001 Physical address: Department of Environmental Affairs Attention: Chief Director: Integrated Environmental Authorisations Environment House 473 Steve Biko Road Arcadia Queries must be directed to the Directorate: Coordination, Strategic Planning and Support at: Email: [email protected]


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1. COMPETENT AUTHORITY

Identified Competent Authority to consider the application:

National Department of Environmental Affairs (DEA) Note, however, that the KwaZulu-Natal Department of Economic Development Tourism and Environmental Affairs (DEDTEA) will review the BAR for the purposes of providing review comments to DEA.

Reason(s) in terms of S24C of NEMA:

As per NEMA Section 24C (d) (iii) - The activity is undertaken by a statutory body, excluding any municipality, performing an exclusive competence of the national sphere of government (SANRAL for the national roads N2 & N3).

2. FEES Applicants are required to tick the appropriate box below to indicate that either proof of payment is attached or that, in the applicant’s view, an exclusion applies. Proof of payment or a motivation for exclusions must be attached as APPENDIX 2 of this application form.

Proof of payment

Exclusion applies - SANRAL is an organ of state - see Appendix 2 ✔

An applicant is excluded from paying fees if:

The activity is a community based project funded by a government grant; or

The applicant is an organ of state.

TYPE OF EXCLUSION Tick where applicable. Proper motivation must be attached to the application

The activity is a community based project funded by a government Grant

The applicant is an organ of state ✔

FEE AMOUNT Fee

Application for an environmental authorisation for which basic assessment is required in terms of the Environmental Impact Assessment Regulations

N/A

Application for an environmental authorisation, for which S&EIR is required in terms of the Environmental Impact Assessment Regulations

N/A

Department of Environmental Affairs’ banking details for the payment of application fees:

Payment Enquiries: Email: [email protected] Banking details: ABSA Bank Branch code: 632005 Account number: 1044 2400 72 Current account Reference number : Reference number to be provided in the specific format indicating centre point coordinates of site in decimal degrees to 5 or 6 decimal places: latitude/longitude eg. -33.918861/18.423300 Status: Tax exempted


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3. GENERAL INFORMATION

Name of the Applicant: South African National Roads Agency SOC Limited

RSA Identity/ Passport Number:

N/A. Refer to Appendix 9 for authorisation of signature.

Name of contact person for applicant (if other):

Mr Ravi Ronny

RSA Identity/ Passport Number:

7206015247089

Responsible position, e.g. Director, CEO, etc.:

Design Planning and Construction Manager

Company/ Trading name (if any):

South African National Roads Agency SOC Limited

Company Registration Number:

Company registration number 1998/009584/30

BBBEE status: The Applicant is an Organ of State

Physical address: 58 Van Eck Place, Mkondeni , Pietermaritzburg, KwaZulu-Natal

Postal address: PO Box 100401, Scottsville

Postal code: 3209 Cell: 083 283 6064

Telephone: 033 392 8100 Fax: 033 386 6284

E-mail: [email protected]

Name of the landowner: South African National Roads Agency SOC Limited Note, however, that additional land is to be acquired by SANRAL for the purposes of widening the national roads. A list of affected land owners is provided in Appendix 3. However, once acquired, the land will be under SANRAL ownership and proclaimed as national road reserve.

Name of contact person for landowner (if other):

Same as above

Postal address: 58 Van Eck Place, Mkondeni , Pietermaritzburg, KwaZulu-Natal

Postal code: 3209 Cell: 083 283 6064

Telephone: 033 392 8100 Fax: 033 386 6284


Name of Person in control of the land:

For SANRAL’s land, see details above. For land to be acquired, see Appendix 3.

Name of contact person for person in control of the land:

As above.

Postal address:

Postal code: Cell:

Telephone: Fax:

E-mail:

In instances where there is more than one landowner, please attach a list of those landowners with their contact details as APPENDIX 3. Unless the application is in respect of linear activities or Strategic Infrastructure Projects as contemplated in the Infrastructure Development Act (Act No. 23 of 2014), written consent of landowner/s must be submitted in APPENDIX 3. The declaration undertaking by the applicant must be submitted as APPENDIX 9. .

mailto:[email protected]



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Provincial Environmental Authority:

KZN Department of Economic Development, Tourism and Environmental Affairs

Name of contact person: Reka Kallicharan

Postal address: Private Bag X07, Cascades, Pietermaritzburg, KwaZulu-Natal

Postal code: 3202 Cell:

Telephone: 033 347 1820 Fax: 033 347 1826

E-mail: Reka [email protected]

Local Municipality: Mkhambathini Local Municipality

Name of contact person in (Environmental Section)

Ms Elaine Donaldson

Postal address: Private Bag X04, Camperdown


Telephone: 031 785 9341 Fax:


Local Municipality: Msunduzi Local Municipality (Environmental)

Name of contact person in (Environmental Section)

Ms Esmeralda Ramburran

Postal address: P.O. Box 321, Pietermaritzburg


Telephone: 033 392 2470 Fax:


In instances where there is more than one Local/Provincial Authority involved, please attach a list of those Local/ Provincial Authorities with their contact details as APPENDIX 4. 4. ENVIRONMENTAL ASSESSMENT PRACTITIONER (EAP) INFORMATION

Company of Environmental

Assessment Practitioner:

ACER (Africa) Environmental Consultants

B-BBEE Contribution level (indicate 1 to 8 or non-compliant)

4 Percentage Procurement recognition

100%

EAP name: Ashleigh McKenzie

EAP Qualifications: M Sc Environmental Sciences

Professional affiliation/registration:

SACNASP (400026/05) Certified by Interim Certification Board for EIA Practitioners of South Africa (July 2008)

Physical address: Suites 5&6, Golden Penny Centre, 26 Hely Hutchinson Road, Mtunzini

Postal address: PO Box 503, Mtunzini

Postal code: 3867 Cell: 082 922 8986

Telephone: 035 340 2715 Fax: 035 340 2232


The appointed EAP must meet the requirements of Regulation 13 of GN R982 of 04 December 2014, as amended. The declaration of independence of the EAP and undertaking under oath or affirmation that all the information submitted or to be submitted for the purposes of the application is true and correct must be submitted as APPENDIX 10.


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5. PROJECT DESCRIPTION Please provide a detailed description of the project.

BACKGROUND

The N2 and N3 carry large volumes of traffic, with a high percentage of heavy vehicles carrying freight to and from the

Port of Durban, forming the backbone of South Africa’s freight network. Sections of these national roads are operating at

full capacity. Traffic studies commissioned by SANRAL have projected traffic growth figures and indicate the need to

provide additional lanes to alleviate current traffic congestion, accommodate future growth and improve road safety and

efficiency. SANRAL (Eastern Region), therefore, proposes to provide additional lanes along a section of the N2 near the

Port of Durban and a section of the N3 from the N2/N3 (E.B Cloete) interchange to Pietermaritzburg. The proposed

capacity improvements, which are divided into sections and covered different engineering work packages, will be

implemented at different stages according to timing priorities and factors related to funding. The proposed capacity

improvements will improve safety, increase mobility and accommodate traffic growth to 2047.

Importantly, the upgrades are planned in line with South Africa’s Strategic Infrastructure Projects (SIPs) as described in

the National Development Plan, 2011. Specifically, the proposed capacity improvements form part of SIP2, which

focuses on strengthening the Durban-Free State-Gauteng logistics and industrial corridor. In line with SIP2 goals, the

capacity improvements will improve access to Durban’s export and import facilities. National roads are essential

infrastructure supporting the economy of the country and, therefore, of benefit to all citizens of South Africa either directly

or indirectly. As such, this project has been taken into account by, and is compatible with, national, provincial and

municipal development, and planning frameworks.

This assessment, referred to as Basic Assessment 5, forms part of a suite of six Basic Assessments being undertaken

by ACER for SANRAL’s proposed upgrades1. They will all ultimately be submitted to the Department of Environmental

Affairs (DEA) as part of the requirements of the application for environmental authorisation2. (Note that two N3 sections

are not included below; Key Ridge to Hammarsdale and Gladys Manzi Road (formerly Murray Road) to New England

Road, which are being undertaken by other environmental practitioners).

Basic Assessment 1. Capacity Upgrades to the N2 (Solomon Mahlangu I/C to south of the Umgeni Road I/C),

including expansion of the EB Cloete and Solomon Mahlangu Interchanges, and the N3 (EB Cloete to Paradise

Valley) including provision of temporary access for construction below Westville and Paradise Valley Viaducts.

Basic Assessment 2. Capacity Upgrades to the N3 (Paradise Valley to Key Ridge), including provision of

temporary access for construction below the Umhlatuzana Viaduct.

Basic Assessment 3. Capacity Upgrades to the N3 from Hammarsdale to Cato Ridge.

Basic Assessment 4. Capacity Upgrades to the N3 from Cato Ridge to Lynnfield Park.

Basic Assessment 5. Capacity Upgrades to the N3 from Lynnfield Park to Gladys Manzi Road.

Basic Assessment 6. Capacity Upgrades to the N3 from New England Road I/C to Twickenham Road

Underpass.

1 Please note that Basic Assessment 4 is being undertaken by Metamorphosis Environmental Consultants (albeit that the

production of the six BARs has been a collaborative effort between the two companies). 2 DEA, along with their counterparts in the KwaZulu-Natal Department of Economic Development Tourism and Environmental

Affairs (DEDTEA) will review the BAR for the purposes of adjudicating the application for environmental authorisation.

This report deals with Basic Assessment 5 (BA5), which includes widening of approximately 9.8 km of the N3 from Lynnfield Park to Gladys Manzi Road, including

upgrades to the Lynnfield Park and Ashburton interchanges, and widening of a portion of the R103


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PROJECT LOCATION AND MAIN COMPONENTS

The section of road dealt with in this Basic Assessment falls primarily within the Msunduzi Local Municipality (LM) which

forms part of the uMgungundlovu District Municipality (DM) in KwaZulu-Natal. However, for approximately 2.5 km on the

northern side of the Lynnfield Interchange, the N3 forms the boundary between the Msunduzi LM and Mkhambathini LM

and, thus, a small portion of the Mkhambathini LM will also be affected by the proposed upgrades. A locality map is

provided in Appendix 7 of this application form.

Road sections to undergo construction are:

N3 from the south of Lynnfield Park I/C to south of the Ashburton I/C.

N3 from the Ashburton I/C to Gladys Manzi Road.

Within these sections, the major interchanges3 to be upgraded are

Lynnfield Park (N3/Wally Hayward Drive).

Ashburton (N3/Pope Ellis Drive).

In addition, this project requires:

Realignment of sections of an Umgeni Water Pipeline.

Proposed sleeve widening of a section of Transnet’s NMPP Multifuel Pipeline.

Relocation/widening of two intersections with the R103 (MR477 and iBhubesi).

Realignment of sections of farm access (gravel) roads.

Construction is anticipated to commence towards the end of 2019/beginning of 2020. Relocation of services is currently

planned to be undertaken prior to this.

A more detailed project description is provided in the draft Basic Assessment Report which will be submitted to the Department once the Department has acknowledged, in writing, this Application for Environmental Authorisation.

Does the project form part of any of the Strategic Infrastructure Projects (SIPs) as described in the National Development Plan, 2011?

YES

If YES, please indicate which SIPs are applicable in APPENDIX 5. You are also required to provide confirmation of SIP applications from the relevant sector representative which must be attached in APPENDIX 5.

Is the project subject to the Integrated Resource Plan 2010 – 2030 (IRP) bidding process? NO

3 Note that the reconstruction of the Gladys Manzi bridge forms part of a separate contract.


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Please indicate which sector the project falls under by crossing out the relevant block in the table below: Table 1

Infrastructure /Transport Services/Roads - Public x Services/Waste Management Services/Disposal facilities - Hazardous

Infrastructure /Transport Services/Roads - Private Services/Waste Management Services/Disposal facilities – Nuclear

Infrastructure /Transport Services/Rail - Public Services/Waste Management Services/Disposal facilities - General

Infrastructure /Transport Services/Rail - Private Services/Waste Management Services/Treatment facilities - Hazardous

Infrastructure /Transport Services/Airport/Runways/Landing Strip/Helipad – Commercial

Services/Waste Management Services/Treatment facilities - General

Infrastructure /Transport Services/Airport/Runways/Landing Strip/Helipad – Private

Services/Waste Management Services/Storage Facilities - General

Infrastructure /Transport Services/Airport/Runways/Landing Strip/Helipad - Public Services

Services/Waste Management Services/Storage Facilities - Hazardous

Infrastructure /Transport Services - Ports Services/Waste Management Services/Storage Facilities - Nuclear

Infrastructure /Transport Services - Inland Waterways

Services/Burial and cemeteries - Cemeteries

Infrastructure /Transport Services - Marina Services/Burial and cemeteries - Cremators

Infrastructure /Transport Services - Canal Services/Water services/Storage - Dams

Infrastructure /Localised infrastructure - Infrastructure in the Sea/Estuary/Littoral Active Zone/Development Setback/100M Inland/or coastal public property.

Services/Water services/Storage - Reservoirs

Infrastructure /Localised infrastructure - Zip Lines & Foefie Slides

Services/Water services - Desalination

Infrastructure /Localised infrastructure - Cableway or Funiculars

Services/Water services - Treatment & Waste Water

Infrastructure /Localised infrastructure - Billboards Services - Hospitality

Infrastructure /Localised infrastructure - Depot for dangerous goods

Mining - Prospecting rights

Infrastructure /Localised infrastructure - Filling station or Tanks for dangerous goods

Mining - Mining Permit

Utilities Infrastructure/Pipelines - Fresh/Storm Water Urban

Mining - Mining Right

Utilities Infrastructure/Pipelines - Fresh/ Storm Water Rural

Mining/Exploration Right - Gas or Oil Marine

Utilities Infrastructure/Pipelines - Waste Water Mining/Exploration Right - Gas or Oil Terrestrial

Utilities Infrastructure/Pipelines - Dangerous Goods Urban

Mining/Production Right - Gas or Oil Marine

Utilities Infrastructure/Pipelines - Dangerous Goods Rural

Mining/Production Right - Gas or Oil Terrestrial

Utilities Infrastructure/Telecommunications/ Radio Broadcasting – Tower

Mining/Underground gasification of coal - Oil

Utilities Infrastructure/Telecommunications/ Radio Broadcasting – Mast

Mining/Beneficiation - Hydrocarbon

Utilities Infrastructure/Telecommunications/ Radio Broadcasting – Receivers

Mining/Beneficiation - Mineral

Utilities Infrastructure - Marine Cables Agriculture/Forestry/ Fisheries - Crop Production

Utilities Infrastructure/Electricity /Generation/Non Agriculture/Forestry/ Fisheries - Animal


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Renewable/Hydrocarbon – Petroleum Production

Utilities Infrastructure/Electricity /Generation/Non Renewable/Hydrocarbon – Coal

Agriculture/Forestry/ Fisheries - Afforestation

Utilities Infrastructure/Electricity /Generation/Non Renewable – Nuclear

Agriculture/Forestry/ Fisheries - Aquaculture

Utilities Infrastructure/Electricity /Generation/Renewable - Hydro

Agriculture/Forestry/ Fisheries - Agro-Processing

Utilities Infrastructure/Electricity /Generation/Renewable/Solar – PV

Transformation of land - Indigenous vegetation

Utilities Infrastructure/Electricity /Generation/Renewable/Solar – CSP

Transformation of land - From open space or Conservation

Utilities Infrastructure/Electricity /Generation/Renewable – Wind

Transformation of land - From agriculture or afforestation

Utilities Infrastructure/Electricity /Generation/Renewable - Biomass/ biofuels

Transformation of land - From mining or heavy industrial areas

Utilities Infrastructure/Electricity /Generation/Renewable – Wave

Any activities within or close to a watercourse

Utilities Infrastructure/Electricity /Distribution and Transmission - Power line

Any activity in an estuary, on the seashore, in the littoral active zone, or in the sea.

Utilities Infrastructure/Electricity /Distribution and Transmission/Substation -

Activity requiring permit or licence in terms of National or Provincial legislation governing the release or generation of emissions - Emissions

Release of Genetically Modified Organisms Activity requiring permit or licence - Marine Effluent

Activity requiring permit or licence - Fresh Water Effluent

Table 2

Does the listed activity/ies applied for form part of a larger project which is not a listed activity itself e.g. a road that is a listed activity that is needed to access a drilling site where the drilling does not constitute a listed activity.

NO

If indicated yes above, please provide a brief description on how the activity/ies relate to the larger project that forms part there of: N/A


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6. SITE DESCRIPTION Provide a detailed description of the site involved in the application.

Province/s KwaZulu-Natal

District Municipality/ies uMgungundlovu District Municipality

Local Municipality/ies Msunduzi and Mkhambathini

Ward number/s Msunduzi LM : Wards 36, 37

Mkhambathini LM: Ward 3

Nearest town/s Pietermaritzburg

Farm name/s and number/s This is a linear development involving hundreds of property subdivisions, most of which are proclaimed road reserve belonging to SANRAL (the applicant). However, there are areas where additional land is to be acquired by SANRAL where road widening extends beyond the existing reserve. Refer to Appendix 6 for a list of Erf and SG numbers.

Portion number/s Appendix 6

Surveyor General 21 digit code: (If there are more than 4, please attach a list with the rest of the codes as APPENDIX 6. Where the 21 digit SGID and farm name are not available, the coordinates of the boundary of the property or properties must be provided in APPENDIX 6.

1 2 3 4 5

Locality map:

A locality map must be attached to the application form, as Error! Not a valid result for table.. The scale of the locality map must be at least 1:50 000. For linear activities of more than 25 kilometres, a smaller scale e.g. 1:250 000 can be used. The scale must be indicated on the map. The map must include the following:

an accurate indication of the project site position as well as the positions of the alternative sites, if any;

road names or numbers of all the major roads as well as the roads that provide access to the site(s)

a north arrow;

a legend;

the prevailing wind direction;

site sensitivities, including but not limited to vegetation, wetlands, watercourses, heritage sites, critical biodiversity area/s, World Heritage Site, etc. and it must be overlaid by the study area; and

GPS co-ordinates (Indicate the position of the proposed activity with the latitude and longitude at the centre point for each alternative site. The co-ordinates should be in degrees and decimal minutes. The minutes should be to at least three decimal places. The projection that must be used in all cases is the WGS-84 spheroid in a national or local projection)

Project Plan (e.g. Gantt chart)

A project schedule must be submitted as APPENDIX 8, and must include milestones for:

public participation (dates for advertisements, workshops and other meetings, obtaining comment from organs of state including state departments);

the commencement of parallel application processes required in terms of other statutes and where relevant, the alignment of these application processes with the EIA process;

the submission of the key documents (e.g. Basic Assessment Report, Scoping Reports, EIA Reports and Environmental Management Programmes).

Note: All the above dates must take into account the statutory timeframes for authority responses that are stipulated in the 2014 NEMA EIA Regulations. Possible appeals may impact on project


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timeframes/milestones. Regulation 45 states that “An application in terms of these Regulations lapses, and a competent authority will deem the application as having lapsed, if the applicant fails to meet any of the time-frames prescribed in terms of these Regulations, unless extension has been granted in terms of regulation 3(7).” It is recommended that the Department be approached for guidance on the process to be followed, prior to submitting an application.

7. ACTIVITIES APPLIED FOR For an application for authorisation that involves more than one listed activity that, together, make up one development proposal, all the listed activities pertaining to this application must be provided below.

Activity No(s): Provide the relevant Basic Assessment Activity(ies) as set out in Listing Notice 1 (GN R327)

Describe the portion of the proposed project to which the applicable listed activity relates.

12 Refer to the table below Refer to the table below 14 Refer to the table below Refer to the table below 19 Refer to the table below Refer to the table below 24 Refer to the table below Refer to the table below 31 Refer to the table below Refer to the table below 48 Refer to the table below Refer to the table below 56 Refer to the table below Refer to the table below Activity No(s): Provide the relevant Basic Assessment Activity(ies)

as set out in Listing Notice 3 (GN R324) Describe the portion of the proposed project to which the applicable listed activity relates.

4 Refer to the table below Refer to the table below






Activity No(s): Provide the relevant Scoping and EIR Activity(ies) as set out in Listing Notice 2 (GN R984)

Describe the portion of the proposed project to which the applicable listed activity relates.

N//a

Listed activity as described in GN R. 327, GN R. 325

and GN R.324 (EIA Regulations 2014, as amended)

Description of project activity that may trigger the

listed activity

1 Listing Notice 1 (Government Notice, No. R. 327, 7 Apr

2017) Item 12:

The development of—

(i) ..

(ii) infrastructure or structures with a physical

footprint of 100 square metres or more;

where such development occurs—

(a) within a watercourse;

(b) in front of a development setback; or

(c) if no development setback exists, within 32

metres of a watercourse, measured from the

edge of a watercourse; —

excluding—

(aa) ..

(cc) activities listed in activity 14 in Listing Notice 2

of 2014 or activity 14 in Listing Notice 3 of

2014, in which case that activity applies;

(dd) where such development occurs within an urban

area;

A farm access road near Lynnfield Park I/C will be

constructed to maintain access for surrounding farms.

This may entail the development of infrastructure or

structures with a physical footprint of 100 square metres

or more; within a watercourse or within 32 m of a

watercourse. Additionally, at the Ashburton Interchange,

the upgraded interchange will occur within 32 metres of a

watercourse.


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listed activity

(ee) where such development occurs within existing

roads, road reserves or railway line reserves;

or

(ff) ..


2017) Item 14:

The development and related operation of facilities or

infrastructure, for the storage, or for the storage and

handling, of a dangerous good, where such storage

occurs in containers with a combined capacity of 80

cubic metres or more but not exceeding 500 cubic

metres.

Contractors may store and use fuel and other hazardous

substances at their site camps, in containers that have a

combined capacity of 80 cubic metres or more, but not

exceeding 500 cubic metres.


2017) Item 19:

The infilling or depositing of any material of more than

10 cubic metres into, or the dredging, excavation,

removal or moving of soil, sand, shells, shell grit,

pebbles or rock of more than 10 cubic metres from a

watercourse;

Construction along the N3 between Lynnfield Park and

Ashburton will affect 8 watercourses, as road and bridge

widening will require existing culverts and bridges at

watercourses to be extended or replaced. The

construction of new culverts may be required in places

where interchanges are to be upgraded. The project,

therefore, will involve excavation, removal, infilling and/or

depositing of material of more than 10 m3, in

watercourses.


2017) Item 24:

The development of a road—

(i) ....... or

(ii) with a reserve wider than 13,5 meters, or where

no reserve exists where the road is wider than 8

metres;

but excluding a road—

(a) which is identified and included in activity 27 in

Listing Notice 2 of 2014;

(b) where the entire road falls within an urban area;

or

which is 1 kilometre or shorter.

This activity is included so as to cover any new ramps of

the upgraded interchanges, which may not fall within an

urban area.


2017) Item 48:

The expansion of—

(i) infrastructure or structures where the physical

footprint is expanded by 100 square metres or

more; or

(ii) .....

where such expansion occurs—

(a) within a watercourse;

(b) in front of a development setback; or

(c) if no development setback exists, within 32

metres of a watercourse, measured from the

This activity is being applied for as some of the

infrastructure will be in areas that are still to be acquired

and will be proclaimed as road reserve. Thus, the

expansion might encroach into areas that are not

currently proclaimed as road reserve. Some of the works

at the interchanges will be on the provincial roads outside

of SANRAL’s road reserve.


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listed activity

edge of a watercourse;

excluding—

(aa) .....

(cc) activities listed in activity 14 in Listing Notice 2

of 2014 or activity 14 in Listing Notice 3 of

2014, in which case that activity applies;

(dd) where such expansion occurs within an urban

area; or

(ee) where such expansion occurs within existing

roads, road reserves or railway line reserves.


2017) Item 56:

The widening of a road by more than 6 metres, or the

lengthening of a road by more than 1 kilometre—

(i) where the existing reserve is wider than 13,5

meters; or

(ii) where no reserve exists, where the existing road

is wider than 8 metres;

excluding where widening or lengthening occur inside

urban areas.

Parts of the N3 to be widened are outside of urban areas

and, thus, the widening of these sections would trigger

this activity.


2017) Item 4 (d) (iv), (vi), (viii), (x), (xii aa)

The development of a road wider than 4 metres with a

reserve less than 13,5 metres.

(d) In KwaZulu-Natal:

iv- Biodiversity Stewardship Programme Biodiversity

Agreement areas;

vi A protected area identified in terms of NEMPAA

viii Critical biodiversity areas as identified in systematic

biodiversity plans adopted by the competent authority or

in bioregional plans;

x Areas designated for conservation use in Spatial

Development Frameworks adopted by the competent

authority or zoned for a conservation purpose;

xii Outside urban areas:

(aa). 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;

The project requires the construction of minor access

roads to maintain access to local farms and iBhubesi

Industrial Park near the Lynnfield I/C. The road(s) may be

wider than 4 metres with a reserve less than 13.5 metres.

This may affect Critical Biodiversity Areas, or other

conservation areas mentioned in Listing Notice 3, item 4.

This includes the Mpushini Protected Environment and/or

areas within 5 km of the Mpushini Protected Environment.


2017) Item 10 (d) (iv) (ix) (xi) (xii) (xiii aa, cc) (xiv aa)

The development and related operation of facilities or

infrastructure for the storage, or storage and handling of

a dangerous good, where such storage occurs in

containers with a combined capacity of 30 but not

exceeding 80 cubic metres.

d) In KwaZulu-Natal:

iv Biodiversity Stewardship Programme Biodiversity

Agreement areas;

Contractors may store fuel and other hazardous

substances at their site camps, in containers that have a

combined capacity of 30 cubic metres or more, but not

exceeding 80 cubic metres. Site camp locations are not

known as yet and will be identified by the contractor. Care

will be taken to use existing transformed areas for site

camps. Nevertheless, these may fall within a mapped

Critical Biodiversity Area, within 100 m from a water

course or wetland, within 5 km of other conservation area

mentioned in Listing Notice 3, item 10 (this includes the


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listed activity

ix Critical biodiversity areas as identified in systematic


in bioregional plans

xi Areas designated for conservation use in Spatial



xii Sensitive areas as identified in an environmental

management framework as contemplated in chapter 5

of the Act and as adopted by the competent authority;

xiii Outside urban areas:

(aa). Areas within 10 kilometres from national parks or

world heritage sites or 5 kilometres from any terrestrial


the core areas of a biosphere reserve; or

(cc) Areas within a watercourse or wetland; or within

100 m from the edge of a watercourse or wetland.

Xiv In urban areas:

(aa) Areas zoned for use as public open

space;

Mpushini Protected Environment and/or areas within 5

km of the Mpushini Protected Environment.). There are

various areas along this section of the N3 that adjoin

land classified as CBA: Irreplaceable and CBA: Optimal

areas, and which are designated sensitive areas in the

draft 2017 EMF developed for the Umgungundlovu

District Municipality and the 2010 EMF for the Msunduzi

Local Municipality.


2017) Item 12d (iii), (v), (vii), (viii), (xi), (xii)

The clearance of an area of 300 square metres or more

of indigenous vegetation except where such clearance

of indigenous vegetation is required for maintenance

purposes undertaken in accordance with a maintenance

management plan.

In KZN:

iii Biodiversity Stewardship Programme Biodiversity

Agreement areas

v Critical biodiversity areas as identified in systematic



vii On land, where, at the time of the coming into effect

of this Notice or thereafter such land was zoned open

space, conservation or had an equivalent zoning;

viii A protected area identified in terms of NEMPAA,

excluding conservancies;

xi Areas designated for conservation use in Spatial



xii Sensitive areas as identified in an environmental



The upgrading of the N3 carriageways, upgrades to

interchanges and any associated deviations of services

will require the clearance of indigenous vegetation

exceeding 300 m2. Vegetation clearance may affect

various areas of conservation importance, as mentioned

in Listing Notice 3, item 12 (including the Mpushini

Protected Environment). Note there are various areas

along this section of the N3 that adjoin land classified as

CBA: Irreplaceable and CBA: Optimal areas, and which

are designated sensitive areas in the draft 2017 EMF

developed for the Umgungundlovu District Municipality

and the 2010 EMF for the Msunduzi Local Municipality


2017) Item 14 (ii)a&c d(iii), d(iv), d(vii) , d (viii), d(x aa),

and d((xi)(bb and cc))

The development of

ii infrastructure or structures with a physical footprint of

10 square metres or more;

where such development occurs—

a) within a watercourse;

It is possible that new ramps on interchanges, or small

access roads required around the Lynnfield area that

need to be constructed, will intersect with watercourses

or within 32 m of a watercourse. These may occur within

Critical Biodiversity Areas or other areas of conservation

importance, as mentioned in Listing Notice 3, item 14.

The activity will occur within 5 km of the Mpushini

Protected Environment. Note there are various areas


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listed activity

c) if no development setback has been adopted, within

32 metres of a watercourse, measured from the edge of

a watercourse;

d) In KwaZulu-Natal:


Agreement areas;

iv A protected area identified in terms of NEMPAA,


vii Critical biodiversity areas or ecological support areas

as identified in systematic biodiversity plans adopted by

the competent authority or in bioregional plans;

viii Sensitive areas as identified in an environmental



x Outside urban areas:

aa) Areas within 10 kilometres from national

parks or world heritage sites or 5 kilometres

from any terrestrial protected area identified in

terms of NEMPAA or from the core area of a

biosphere reserve;

xi Inside urban areas:

bb) Areas zoned for use as public open

space;

cc) Areas designated for conservation use in

Spatial Development Frameworks adopted by

the competent authority, zoned for a

conservation purpose;

along this section of the N3 that adjoin land classified as

CBA: Irreplaceable and CBA: Optimal areas, and which

are designated sensitive areas in the draft 2017 EMF

developed for the Umgungundlovu District Municipality

and the 2010 EMF for the Msunduzi Local Municipality


2017) Item 18d (iii), (vi), (viii), (x), (xi), (xii aa), (xiii aa)

The widening of a road by more than 4 metres, or the

lengthening of a road by more than 1 kilometre.

In KZN:


Agreement Areas

vi A protected area identified in terms of NEMPAA,

viii Critical biodiversity areas as identified in systematic



x Areas designated for conservation use in Spatial



xi Sensitive areas as identified in an environmental



The N3 carriageway will be widened by more than 4 m,

although the widening will take place primarily within

SANRAL’s existing road reserve. Widening may affect

various areas of conservation importance, as mentioned

in Listing Notice 3, item 12. Potentially, the widening may

affect the Mpushini Stewardship Site between Lynnfield

Park and Ashburton. Part of the N3 is within 5 km of the

Queen Elizabeth Park protected area in Pietermaritzburg.

The N3 also passes through areas designated as Critical

Biodiversity Areas. Also, between Lynnfield Park and

Ashburton, there are some local access roads that

require construction, widening or lengthening, which may

trigger this listed activity. Road widening will occur within

5 km of the Mpushini Protected Environment.


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listed activity

xii Outside urban areas:

(aa) Areas within 10 kilometres from national parks or

world heritage sites or 5 kilometres from any terrestrial


the core areas of a biosphere reserve;

xiii In urban areas:

(aa) Areas zoned for use as public open space;


2017) Item 23(ii) a and c: d(ii), d(iv), d(vii), d(iii), d(x aa)

and d(xi aa and bb)

The expansion of—

ii infrastructure or structures where the physical

footprint is expanded by 10 square metres or

more;

where such expansion occurs—

a) within a watercourse;

c) if no development setback has been adopted, within

32 metres of a watercourse, measured from the edge of

a watercourse;

d In KwaZulu-Natal

ii Biodiversity Stewardship Programme Biodiversity

Agreement areas;

iv A protected area identified in terms of NEMPAA,


vii Critical biodiversity areas or ecological support areas

as identified in systematic biodiversity plans adopted by

the competent authority or in bioregional plans;

viii Sensitive areas as identified in an environmental



x Outside urban areas:

aa) Areas within 10 kilometres from national

parks or world heritage sites or 5 kilometres

from any terrestrial protected area identified in

terms of NEMPAA or from the core area of a

biosphere reserve;

Xi In urban areas:

aa) Areas zoned for use as public open

space;

bb) Areas designated for conservation use in

Spatial Development Frameworks adopted by

the competent authority, zoned for a

conservation purpose

The N3 carriageways and associated interchanges and

immediate approaches will be widened. The roads cross

numerous drainage lines, streams and rivers. Bridges

and drainage structures in or near watercourses will need

to be expanded to accommodate the expanded roads.

These may occur within Critical Biodiversity Areas or

other areas of conservation importance, as mentioned in

Listing Notice 3, item 23, or within 5 km of a protected

area, including the Mpushini Protected Environment.

Please note that any authorisation that may result from this application will only cover activities specifically applied for. Only those activities listed above shall be considered for authorisation. The onus is on the applicant to ensure that all applicable listed activities are included in the application. Environmental Authorisation must be obtained prior to commencement with each applicable listed activity.


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Coordinate points indicating the location of each listed activity must be provided as part of APPENDIX 6 as well part of the reports to be submitted. Coordinates must be provided in degrees, minutes and seconds using the Hartebeesthoek94 WGS84 co-ordinate system. 8. PUBLIC PARTICIPATION Provide details of the public participation process proposed for the application as required by Regulation 41(2) of GN R982 of 04 December 2014, as amended.

1. Project notification and invitation to participate

Notification of the project and the opportunity to participate in the Basic Assessment process was announced

during May 2018. Notifications to I&APs were made available in two local languages, English and isiZulu. The

process undertaken is described below. All relevant documentation associated with public participation is

contained in Appendix E of the draft Basic Assessment Report (BAR). (Note that the public participation

process for project announcement was undertaken for BAs 3, 4, 5 and 6 together).

Direct personal notification of directly affected property owners (where they have been contactable) has

been undertaken to date by the responsible engineers along the relevant sections of roads. This refers to

the owners of properties which SANRAL needs to acquire, where expansion to the existing road reserve is

necessary and where the owner will be required to sell a portion of land to SANRAL. Wherever these

property owners were contactable, these property owners were also sent information regarding the Basic

Assessment process (see below and Appendix E of the BAR). Please note that contact details for some

property owners have not been available and the search for property owner details is ongoing.

Landowners adjacent to the site – a deeds search was done to identify owners of thousands of

properties adjacent to the affected sections of the N2 and N3, and all reasonable attempts were made to

obtain current contact details. Many property owners own multiple properties and are in the form of

Companies or Trusts, and several properties belong to the State or Municipality. Some are individuals. A

letter, Background Information Document (BID) and comment sheet were posted to the identified

addresses of owners and in the letter, the I&APs were requested to update their details for the database.

Where addresses were not available or invalid (returned to sender) an sms was sent to the property owner

(where cell numbers were available).

Compilation of a database of I&APs identified as being potentially interested and/or affected, including

authorities, municipalities, organs of state, councillors, conservation bodies, non-government

organisations, landowners, local residents, etc. The registered I&APs from databases used for other

recent projects (e.g. upgrade of the N3 Hammarsdale I/C and Proposed N3 Capacity Upgrades BA1 and

BA2) were also included in the database, as relevant.

Personalised letters and electronic mail, including a Background Information Document containing

relevant details of the project and environmental application process were sent to all I&APs on this

database. A comment sheet was provided for I&APs to update their contact details, register themselves on

the database, to record issues and to send back by fax or email. Contact telephone numbers of the project

public participation office were provided to enable direct telephonic liaison with the project team, if

required.

Advertisements were placed during 9-11 May 2018 in local, provincial and national newspapers providing

project details and contact details of where to register and obtain further information:

The Maritzburg Fever (English).

The Citizen (English).

Ilanga (Zulu).

The Witness (English).

Intshonalanga Eyethu (Zulu).

Public notices (A3 posters) were posted at the nearest public facilities such as public libraries and

municipal offices and larger site notices were placed in selected areas adjacent to the N3. SANRAL does

not allow notices to be placed directly along the side of their national roads as they can cause a safety

hazard (distraction to motorists), thus, it was not possible to place notices directly on the site. This


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limitation was raised and discussed with DEA during the pre-application meeting.

A project website containing relevant documentation was set up on www.acerafrica.co.za.

SANRAL was provided with relevant information to place on the SANRAL website and Facebook page.

During the project announcement phase between May and August 2018, one on one meetings were held

with certain key authorities such as municipal environmental and planning departments, and the regional

Department of Water and Sanitation. The technical engineering teams have held direct meetings with the

KZN Department of Transport and municipal transport departments as, indeed, the capacity upgrades

constitute a joint planning exercise between all three road authorities.

Three Public Open Days were held: Cato Ridge Golf Club, Vine Church at Lynnfield Park and Maritzburg

Golf Club on 28, 29 and 30 May, respectively. The dates of the Open Days were advertised in the media

and invitation reminders circulated to all I&APs on the database.

Receipt of comments from I&APs and acknowledgement of comments has been ongoing since project

announcement in May 2018. Responses to these comments are in the Comments and Responses

Report.

2. Circulation of Draft Basic Assessment Report for Public Review

The draft BAR & EMPr will be submitted to DEA after DEA has provided written acceptance of the

Application.

Stakeholders on the project database (registered stakeholders) will be notified of the availability of the draft

documents for comment, for a period of 30 days (for all I&APs including authorities and organs of state).

Notification will be done by post and email.

The documents will be made available on the EAP’s website.

Hard copies of the draft BAR and EMPr will be made available at public venues such as libraries and/or

municipal offices.

Hard copies and/or CDs of the draft BAR & EMPr will be provided to key organs of state.

The project team will assess at the relevant time, based on the issues raised and stakeholder participation

during the BA process, whether a further Public Open Day(s) is required to present the findings of any of

the six BARs for the N3 upgrades. A Public Open Day will be held only if deemed necessary to facilitate

meaningful review and comment relating to the BARs & EMPrs.

3. Comments and Responses Report (final)

The comments of I&APs on the draft BAR will be recorded and responded to, in a comments and

responses report. Written comments will be attached to the final BAR.

4. Records of Meetings

Records of meetings with I&APs will be attached to the final BAR.

5. Final Basic Assessment Report

Revisions to the BAR will be made in accordance with comments submitted from I&APs. Registered

stakeholders will be notified when the final reports are submitted to the Department of Environmental

Affairs.

The documents will be made available for review on the EAP’s website.

I&APs who wish to comment on the final BAR will be informed that they must submit comments directly to

the Department of Environmental Affairs, copied to the EAP.

http://www.acerafrica.co.za/


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9. OTHER AUTHORISATIONS REQUIRED

Are there any other applications for Environmental Authorisation on the same property? Yes

If YES, please indicate the following:

Competent Authority KwaZulu Natal Department of Economic Development, Tourism and Environmental Affairs

Application Reference Number

DC22/0055/2007)

Project Name Proposed Acaciadale Retail & Eco-Tourism Development, Mkhambathini Local Municipality (SANRAL will need to acquire a portion of this property and is in discussion with the land owner)

Please provide details of the steps taken to ascertain this information: All landowners where property is to be acquired are directly contacted by SANRAL’s land acquisition team. Correspondence from a land owner was received regarding the above development, and the Mkhambathini Local

Municipality has asked SANRAL for an updated response. The above environmental authorisation is the only one that has been indicated.

An extensive public participation process has been held to inform stakeholders of the project, including municipal planning departments and the KwaZulu Natal Department of Economic Development, Tourism and Environmental Affairs. To date, no other submissions have been received that refer to existing EA applications on land to be acquired (other than the one indicated above).

Applications in terms of the National Environmental Management Act (“NEMA”) & specific environmental management Acts (“SEMAs”):

LEGISLATION AUTHORISATION REQUIRED

APPLICATION SUBMITTED

National Water Act (Act No. 36 of 1998) YES (General Authorisation)

YES

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

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

NO NO

National Environmental Management: Integrated Coastal Management Act (Act No. 24 of 2008)

NO NO

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

NO NO

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

Others: Please specify: National Heritage Resources Act (Act No. 25 of 1999) For BAR5, there are no heritage structures identified that require permits. The heritage specialist report has been loaded onto the SAHRIS database (Case ID: 12956).

NO NO

Please be advised that: - If a Waste Management license is required in terms of the National Environmental Management: Waste Act, please

contact the Department for guidance on the Integrated Permitting System. An IPS application can only be lodged with this Department in the event that this Department is the Competent Authority for both the EIA and Waste related activities;

- If Sections 7B and 7C of the National Environmental Management: Integrated Coastal Management Act is applicable to your proposed development, you are required to obtain pre-approval for a reclamation application prior to an Application for Environmental Authorisation being lodged with the Competent Authority;


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- If Section 50(5) of the National Environmental Management: Protected Areas Act is applicable to your proposed development, you are required to obtain approval from the Management Authority prior to an Application for Environmental Authorisation being lodged with the Competent Authority; and

- If Section 38 of the National Heritage Resources Act (Act No. 25 of 1999) is applicable to your proposed development, you are requested to submit the Notice of Intent form to the relevant SAHRA or a Provincial Heritage Resources Authority and attach a copy to this form. If it is indicated that a Heritage Impact Assessment will be required, the Heritage Impact Assessment must be undertaken as one of the specialist studies of the EIA process to be undertaken in terms of the NEMA EIA Regulations, 2014, as amended.

10. LIST OF APPENDICES

SUBMITTED

APPENDIX 1 Copy of the pre-application meeting minutes YES

APPENDIX 2 Proof of Payment/Motivation for exclusion YES

APPENDIX 3 List of land owners (with contact details) and written consent of land owners

YES

APPENDIX 4 List of Local/Provincial Authority involved (with contact details) YES

APPENDIX 5 Strategic Infrastructure Projects YES

APPENDIX 6 List of SGIDs and coordinates YES

Error! Not a valid result for table.

Locality map YES

APPENDIX 8 Project schedule YES

APPENDIX 9 Declaration of Applicant YES

APPENDIX 8 Declaration of EAP and undertaking under oath or affirmation YES


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APPENDIX 1

COPY OF THE PRE-APPLICATION MEETING MINUTES

From: Vicki King <[email protected]>

Sent: 08 May 2018 03:14 PM

To: 'Mpati Makoa (HO)' <[email protected]>; 'Ravi Ronny (ER)' <[email protected]>; 'Ashleigh Mckenzie'

<[email protected]>; '[email protected]' <[email protected]>;

'[email protected]' <[email protected]>; '[email protected]'

<[email protected]>; 'John Richardson(Terratest)' <[email protected]>; '[email protected]'

<[email protected]>; '[email protected]' [email protected]

Subject: Notes from the SANRAL/DEA meeting on the 23 April 2018

Dear All

Please find herewith my notes from the meeting held at SANRALs offices in April. Please note that these are brief notes and are not

intended as detailed minutes.

Please let me know if there are any corrections. If I do not hear from you within the next 2 weeks I will assume that you are happy

with the content. If you would rather have a Word version so that you can track changes, just let me know.

Regards

Vicki King

Metamorphosis Environmental Consultants

031 764 7554 (ph)

086 562 7078 (Fax)

076 420 1441 (cell)

www.metamorphosisdbn.co.za


http://www.metamorphosisdbn.co.za/


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DEA PRE APPLICATION MEETING – N3 UPGRADE BATCH 2 BASIC ASSESSMENT PROCESS

MEETING NOTES

Location: SANRAL offices – Pretoria Date and Time: 23 April 2018, 10.30am Present: Coenrad Agenbach(CA)– Department of Environmental Affairs (DEA) Adika Rambally (AR)- DEA Mahlatse Shubane (MS)- DEA Herman Alberts (HA) - DEA Ravi Ronny (RR) – SANRAL Mpati Makoa (MMa) – SANRAL Mogole Mphahlele(MM)- SANRAL Ashleigh McKenzie (AM)– ACER (Africa) John Richardson (JR) – Terratest (Pty) Ltd Vicki King (VK) – Metamorphosis Presentations: Ravi – N3 Upgrade Overview Infrastructure Development Act SIP 2 Cato Ridge Logistics Hub Safety motivation Take into account future port development etc. Increase to 4 lanes in each direction, some areas 5 lanes. (Climbing lane) Median - concrete barrier Looking at asphalt vs concrete Detail designs are in progress on all packages 8 packages under Phase 1 - R10,5 billion Background and status quo of Basic Assessments (Ashleigh) Previous applications in 2010. In 2012 submitted new applications, they lapsed and were closed after 2014. 2015 pre - application meeting held for ACER’s projects. 6 Basic Assessments (BAs)running in two batches. Batch 1 (BA1 & BA2) which are sections of N2 and N3 between Durban and Key Ridge currently in progress. Batch 2 (BAs 3- 6) from Hammarsdale to Market road due to commence. No applications for any of the BAs have yet been submitted yet. Separate to Batch 2 (BAs 3-6) will be for the Market Road Interchange, for which SANRAL is still considering appointment of a new EAP. Project announcement proposed for BA3-6 (batch 2) in May this year. Cato Ridge Logistics Hub Consortium propose a new interchange on the N3 near the D12 –overpass. A 2,1km distance is required between 2 interchanges for safety. Should this go ahead, SANRAL will have to close the east facing ramps of the existing Cato Ridge interchange to meet safety standards. The existing interchange is not in the right position to cater for existing and proposed land uses and the new CRLH IC is being designed to do so. SANRAL will however not fully decommission the existing interchange but will have to close both eastern ramps. Mining, air quality and waste permits are not part of these Basic Assessments. Any borrow pits quarries, batching plants or waste disposal permits required will be done in separate processes. Services will need to be re aligned in places. Specialists have been appointed to update their 2012 reports.


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Fuel pipelines - Transnet pipelines will need to be moved out of the road reserve in some places. Transnet wants SANRAL to construct the pipelines and then they will switch over. DEA has confirmed it is not a Listing 2 activity (Ashleigh to provide Coenrad with the relevant email). Lynnfield Park - SANRAL looking at possibility that they will not need to relocate the pipe. Correspondence was sent to DEA with regard to clarity on the pipelines. Ashleigh will forward the query to Mahlatse. Coenrad asked - is SANRAL able to move services? - Ravi - usually agreed that it is SANRALs responsibility. Transnet want SANRAL to construct pipe. Triggers removal of vegetation only. Pipeline at Solomon Mahlangu - 500m length, others are shorter - 80m or so. Questions: Q - Funding - Tolling? A - Environmental process for batch 2 was delayed due to uncertainty of funding. However construction on the critical sections of the N3 will commence, while SANRAL will engage with National Treasury on the funding model for the non-critical sections as well as the future operations and maintenance costs. Consideration will therefore be given for a possible mixed funding option. However it was made clear, should there be any possibility of tolling, the intent to toll process shall be followed in terms of the SANRAL Act which is separate to the environmental process. Q - Who from DEA is assigned for first 2 BAs? A - Millicent and Olivia were involved. DEA comment - DEA need to coordinate the previous 2 and these processes. DEA decision - equal work distribution- application comes to admin and they will look at workload and allocate projects - cannot predict who will be the case officers. That’s why they will find out who is dealing with previous applications for consistency. All within the 1 Chief Directorate. Realignments CA- Any re-alignments for the BAs 3-6? A–Confirmed there will be none. Only realignment is for Key Ridge which is a BA under a different EAP (Terratest) Noise AM Q - Noise - what about operational noise? There are no listed activities triggered with regard to noise during operation, however SANRAL is investigating mitigation measures. CA - you will have to assess operational noise in terms of the baseline noise levels and the increased noise levels from the development. RR - We are assessing it but costs of noise barriers would be massive. CA - need to look at baseline and consider options as there will be appeals based on this. AM – construction noise is being assessed. JR - Existing road - existing noise impacts – preliminary noise assessment undertaken 2014 for Key Ridge. Findings showed that narrower road, more congestion - therefore more noise than after it is widened. So do we have to look in more detail? CA - generalize for existing road - and need to show baseline and predicted noise and possible mitigation and costs etc. New interchanges and alignment - new receptors etc. Work from the baseline and look at significance of noise increases. JR – noise levels are already above SANS specs and predicted increase will be approximately 5%. CA –this must be noted and documented - be aware that there will be appeals. Sufficient information required so that everyone knows. Is it about the significance of the impacts. AM - Not lane increase that increases noise - just the incremental issues associated with increase in traffic volumes over time and lane widening encroaching closer to some residences etc. MS - Beware the chickens - DEA have had applications blocked due to noise issues. Recall of the previous SANRAL application for the truck weighbridge facility at Camperdown and the appeal regarding the chicken farm. CA - closer receptors due to being one lane closer etc. People will ask and we need to be able to provide answers.


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Comment - information must be sufficient for decision making process so that DEA do not have to look for new information for an appeal. AM- proposed upgrade and logistics hub and rail - may result in less noise with less heavy vehicles. MM - is there a traffic assessment for the hub? Can draw information from that for the BA. AM - Noise assessment will be updated and possible increases assessed. Public Participation AM - PPP - media, lots of properties and property owners. ACER have done their best to obtain up to date information on property owners - but cannot always obtain the correct contact information. Thus, written notice to all property owners is not possible. ACER would like sign off from DEA on the public participation plan –they have requested this but not received it to date. CA - can only do what we are mandated to do - DEA cannot give you approval to deviate. DEA must comply with the requirements of the Regulations. DEA must be sure that ACER has done everything which is reasonable- people use this as a basis for appeal. Follow Appendix 4 to the letter or if ACER cannot do so then they must do what is legally defensible. DEA will not sign off. DEA recognize that it is a problem. MM - classify the stakeholders - go to the associations etc - formal bodies and try to cover them as groupings. Then you can demonstrate effort - with adverts etc so that DEA can make decisions on that basis. AM –ACER sends letters to all addresses, if a letter is returned –they will send an SMS. Only a few that they cannot get hold of. DEA - pass ‘reasonable man’ test and have a record of everything. Need to demonstrate what has been done. Cannot regulate an attitude to a project!! JR –Suggests that ACER put site notice on the individual properties if you cannot contact the property owner. AM - site notices - SANRAL do not allow site notices on the National Road. Approval from DEA to put notices in community facilities etc. DEA - what was the response to the previous notification process for the 2 BAs already undertaken? AM - many general comments received and also from the people whose properties are affected as they are contacted directly. Not many people at the open days. Planning 3 open days for the new BAs. Afternoons until 7pm. All engineers for all sections will be present. CA - agree that you cannot put notices on the roads. Advertising boards? Fliers at Toll booths?? (Not allowed). Cannot use the electronic boards either. - What is reasonable and defensible. Ravi - SANRAL - Facebook page etc. DEA - put reasoning for what advertising can and cannot be done into reports. Also consider pamphlets to the residents. Alternatives AM –. Alternatives considered are not route alternatives, but there are technical alternatives such as configuration of interchanges and accesses, and surfacing (pavement).The engineers go through many design iterations through the planning processes which it is beyond the EAPs scope to document. A general summary will however be provided. Timeframes Timeframes - first 2 BAs (Batch 1) available before end July (public review and application submissions). Does DEA want draft at same time as public review?


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DEA - Send out for public comment and send report to them with application. At least DEA can then raise any significant issues within the timeframe. AM- When would DEA like to undertake the site visit? DEA will wait for draft report and then do site visit. CA- when will second batch be lodged? AM - end this year or early next year DEA –Do the upgrades affect any Comrades or cycle races AM–No- those races are not on the national roads DEA - what about contractors’ camps - have they been identified? AM –No. JR –For Key Ridge, they have started to look at areas for construction camps. RR - usually leave this to the contractors. However, if there is any SANRAL owner land available this is made available to the contractor. AM - all will be in the road reserve and areas for construction. Will be limited to these areas. The EMP will also offer advise on where to put lay down areas and where is sensitive and may not be disturbed. John presentation - Key Ridge Started 2012 - put on hold in 2014 and revitalized 2018. Viaduct alternative favorable. SANRAL has purchased all of the land for the realignment. - not yet gazetted as road reserve. Therefore, in terms of the triggers is it considered road reserve yet or not until gazetted? DEA - Must be gazetted. JR - This is a really long process - do we apply for those that trigger listed activities if SANRAL own it? CA - send an email and they will formulate a response. Send to IQ help desk copy CA etc in. All to note: Taxi association stopped work at the Hammarsdale Interchange. Ensure that they are on databases for all future upgrades. DEA - Major impact of construction –Proposed option is to put both directions onto one carriage way and work on other. Query trigger LN2 - Activity 27. Considered to require an EIA. SANRAL states that this is inconsistent. Want to do the sections which do not trigger EIA first whilst doing the EIA. Specialist studies - JR - which ones need to be updated? Biodiversity/riparian has been updated. Heritage/Geotechnical don’t need to be updated. Visual/noise? (2013). Road safety? Social - should be updated. - DEA to confirm once the specialists have reviewed and made a statement about the current applicability of the previous studies. Comment - Engineering and road safety not considered to be independent specialist studies. SANRAL studies. DWS WULA - GA - wetland assessment report - landowner and forms. DEA specialist studies - old info - get specialists to review and check that it is current. Statement to say that it is still relevant. Concern if design has changed - impacts or receptors might have changed. Is it still relevant and applicable? Social will have to be updated. Visual and noise - depends on what they assessed. JR- No change in area assessed. Geotechnical - no change.


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DEA - 2012 - specialist study requirements revised - check that they comply. CA - Risk assessments for spills? JR - accidents, not spillages specifically. The design was revised to keep both viaducts as same level. DEA - Basic Assessment form no longer applicable. report in terms of Appendices. SANRAL - what was the trigger query with road reserves? A - Trigger relating to working within a watercourse outside a road reserve. SANRAL - road reserve query on implications - John to respond. DEA –Requested information on the Market road section of the upgrade JR –Terratest (Pty) Ltd is not confirmed as the EAP as yet and are therefore not able to provide all the detail. It was agreed to wait for the EAP appointment to be finalized prior to presentation to DEA. Actions and confirmations:

CA requested VK to distribute notes for comments. –within 3 weeks of the meeting.

Email from JR with regard to specialists and road reserve trigger to DEA (IQ Help Desk).

ACER will re send letter re Transnet fuel pipelines (Mahlatse - Copy CA).2 applications and BARs within next approx2 months.

Confirm all together there will be 5 BARs (including Market Road) and 1 Scoping/EIA.

Make sure EAPs know all the requirements.

Follow Regulations and ensure a defensible process.

Any queries - send to DEA - contact them if in doubt.

Timeframe for submission of Batch 2 Bas –most likely beginning of next year.

Site visit after receipt of draft reports.

Could do after receipt of first two? Will do all at once. Meeting closed at 1pm.

ATTENDANCE REGISTER N3 PRE-APPLICATION MEETING 23 APRIL 2018


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APPENDIX 2

PROOF OF PAYMENT/MOTIVATION FOR EXCLUSION


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APPENDIX 3

LIST OF LAND OWNERS

Most of the properties involved belong to SANRAL. The table below shows additional landowners identified for land acquisition for BA5. Note that this list may be subject to an update as and when more details are available

from detailed designs

Contact Person (Naidu) Contact Details Contact Person (Naidu) Contact Details

Priscilla A. Van Aswegen 082 957 0433 Corrine Moodley 083 336 6280

Garth H. Clark 072 325 7040 Norbet Souop 082 408 2070

Garth H. Clark 072 325 7040 Richard M. Zungu 082 343 7990

Dalkeith 15 Prop Trust

Khatijah B. Desai 074 102 1534

John Clark 082 821 8702 Ramsay Naidoo 083 306 0548

Kwazi Mbanjwa 082 808 1736 Nokuthula T. Ngcobo 076 625 0337

Astral Operations Ltd

Sanele I. Nzimande 082 948 3705

Kwazi Mbanjwa 082 808 1736 Sipho H. Dlamini 083 342 4431

Wilhelmus H. J. Sluiter Not Available Fidelious M. Adams 082 657 5128 Vivien Natasen 082 880 3383

Vanthanathan Munsamy 082 782 5971 Vivien Natasen 082 880 3383

Lois Cross 033 326 1807 Ashburton Local Council Christoffel P. De Wit 083 284 1085 HILCOVE PropertyIES Daantjie Deepdale Trust

RSA 033 355 8600

Heather J. Taylor 082 871 9089 Sipho C. M. Nyembezi 083 325 3480

Ruben A. Fry 033 396 3183 Deborah Jewitt 082 870 7718

Cleland Dev Co

Colly J. Mthembu 076 273 5349

Martin Mabea 083 207 3248 Dawn View Body Corporate Charlotte P. Holder 033 396 2202 RSA Ayanda P. N. Ndlovu 082 455 2475 KZN Government Thulasizwe L. Mvubu 082 680 6868 Hlengiwe N. Mvelase 072 251 0238

Cleland Dev Co

Sibusiso B. Mathonsi 082 883 7067

Gerald N. Dlamini 073 163 8591 Siphiwe C. Zondi 084 554 7442

Nitesh Binessarie 079 493 4222 Michael L. Ngubane 083 528 0869

Penelope N. T. Nduli 072 211 7075 Loretta Rajkumar 084 500 9161

William K. Renwick 033 326 1857 Elven M. Chirwa 082 714 4400

Naushad M. Ismail Abdoola 082 786 9133 Sanral (Secretary) 083 283 6106

Angeline N. Mchunu 072 509 2393 Nombulelo Mntungwa 083 274 6142

Jack S. Williamson 033 396 5219 Nontokozo Msimang 073 195 2995

Sithembiso W. Mfeka 084 432 8330 Barbara R. Dlamini 072 549 4253

Belinda J. Slade 083 780 8823 Ngcungama L. Mxolisi 072 460 5721

Lucky P. Nyawo 072 174 0829 Kwazi Mbanjwa 082 808 1736

Moonsamy M. Reddy 083 270 0295 Ashburton Local Council Nancy B. Ngceke 072 545 3731 Gail K. Green 082 806 4000

Elven M. Chirwa 082 714 4400 Stephanus F. Du Toit 082 852 6466

Ishaan Ramklown 033 392 8100

Ashburton Estates PTY LTD: Elizabeth Milborrow

033 347 3847


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Contact Person (NME) Contact Details Contact Person (NME) Contact Details

Ishaan Ramklown 033 392 8100 Mthobisi Khumalo 033 392 2576/ 086 7702 394

Martin Bekker 0829678964 Len Van Royan 083 661 6396

Kenneth Easthorpe 083 649 0005 Debra Jackson 083 459 3094

Dave Rigby 083 270 0403 Anesh Madaree 0314519600 / 082 552 3090

Gary Hardman 083 376 6726 Suren Maharaj 084 422 2304/ 0835563207(Suren)

Anne Tait 072 952 6314 Sharnel Roberts 0768634157


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WRITTEN CONSENT OF LAND OWNERS

Not applicable as this is a linear development


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APPENDIX 4

LIST OF LOCAL/PROVINCIAL AUTHORITIES INVOLVED

Authority/Organ of State Contact person Tel No Fax No e-mail Postal address

KZN Department of

Economic Development,

Tourism and

Environmental Affairs

Reka Kallicharan 033 347 1820 033 347 1826 [email protected]

Private Bag X07,

Cascades, 3202,

Pietermaritzburg, KwaZulu-

Natal

Mkhambathini Local

Municipality

(Environmental)

Ms Elaine Donaldson 031 785 9341 [email protected] Private Bag X04,

Camperdown, 3720

Msunduzi Local

Municipality

(Environmental)

Ms Esmeralda

Ramburran

033 392 2470 [email protected] P.O. Box 321,

Pietermaritzburg, 3200

Msunduzi Local

Municipality (Planning)

Mr Atkins Khoali 033 392 2135 033 392 2576 [email protected] Private Bag X321,


Umgungundlovu District

Municipality (Planning)

Ms Mandisa Khomo 033 897 6811 [email protected] P O Box 3235,




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APPENDIX 5

STRATEGIC INFRASTRUCTURE PROJECTS This project is a SIP2 Project. The email below serves to provide confirmation from the official SIP2 Coordinator (Irvinda Naidoo from Transnet) that this project forms part of SIP2. DEA head office confirmed that the email will suffice as proof. -----Original Message----- From: Thabiso Malahleha (HO) [mailto:[email protected]] Sent: 27 November 2014 11:24 AM To: Ravi Ronny (ER); Jason Lowe (ER); Milicent Solomons; Mpati Makoa (HO) Cc: Lynette Milne Subject: Fwd: Confirmation of N3 projects as part of SIP2 Good day Ravi Please find herewith enclosed confirmation from Transnet as the SIP 2 Coordinator that all projects on the N3 including the Hammarsdale Interchange are part of SIP 2. Best regards. Thabiso Sent from Samsung Mobile -------- Original message -------- From: Irvindra Naidoo Transnet Corporate JHB Date:27/11/2014 11:05 (GMT+02:00) To: "Thabiso Malahleha (HO)" Subject: Confirmation of N3 projects as part of SIP2 Dear Thabiso SIP2 is focused on improving the infrastructure along the corridor between Gauteng and Durban in order to support efficient logistics and economic growth. The n3 is a key component of the overall Corridor infrastructure. I hereby confirm that all Sanral projects along the N3 are therefore part of the SIP2 portfolio. Regards Irvindra [cid:[email protected]] DISCLAIMER: The information contained in this email and its attachments is both confidential and subject to copyright. If you are not the intended recipient, you are hereby notified not to read, disclose copy or use the contents thereof in any manner whatsoever, but are kindly requested to notify the sender and delete it immediately. This e-mail message does not create any legally binding contract between Transnet SOC LTD and the recipient, unless the contrary is specifically stated. Statements and opinions expressed in e-mails may not represent those of Transnet SOC LTD. While Transnet will take reasonable precautions, it cannot give any guarantee or warrant that this email will be free of virus infections, errors, interception and, therefore, cannot be held liable for any loss or damages incurred by the recipient, as a result of any of the above-mentioned factors. ________________________________


cid:[email protected]


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SIP 1: Unlocking the northern mineral belt with Waterberg as the catalyst

Unlock mineral resources

Rail, water pipelines, energy generation and transmission infrastructure

Thousands of direct jobs across the areas unlocked

Urban development in Waterberg - first major post-apartheid new urban centre will be a “green” development project

Rail capacity to Mpumalanga and Richards Bay

Shift from road to rail in Mpumalanga

Logistics corridor to connect Mpumalanga and Gauteng.

SIP 2: Durban-Free State-Gauteng logistics and industrial corridor

Strengthen the logistics and transport corridor between SA’s main industrial hubs

Improve access to Durban’s export and import facilities

Integrate Free State Industrial Strategy activities into the corridor

New port in Durban

Aerotropolis around OR Tambo International Airport.

X

SIP 3: South-Eastern node & corridor development

New dam at Mzimvubu with irrigation systems

N2-Wild Coast Highway which improves access into KwaZulu-Natal and national supply chains

Strengthen economic development in Port Elizabeth through a manganese rail capacity from Northern Cape

A manganese sinter (Northern Cape) and smelter (Eastern Cape)

Possible Mthombo refinery (Coega) and transshipment hub at Ngqura and port and rail upgrades to improve industrial capacity and performance of the automotive sector.

SIP 4: Unlocking the economic opportunities in North West Province

Acceleration of investments in road, rail, bulk water, water treatment and transmission infrastructure

Enabling reliable supply and basic service delivery

Facilitate development of mining, agricultural activities and tourism opportunities

Open up beneficiation opportunities in North West Province.

SIP 5: Saldanha-Northern Cape development corridor

Integrated rail and port expansion

Back-of-port industrial capacity (including an IDZ)

Strengthening maritime support capacity for oil and gas along African West Coast

Expansion of iron ore mining production and beneficiation.

SIP 6: Integrated municipal infrastructure project Develop national capacity to assist the 23 least resourced districts (19 million people) to address all the maintenance backlogs and upgrades required in water, electricity and sanitation bulk infrastructure. The road maintenance programme will enhance service delivery capacity thereby impacting positively on the population.

SIP 7: Integrated urban space and public transport programme Coordinate planning and implementation of public transport, human settlement, economic and social infrastructure and location decisions into sustainable urban settlements connected by densified transport corridors. This will focus on the 12 largest urban centres of the country, including all the metros in South Africa. Significant work is underway on urban transport integration.

SIP 8: Green energy in support of the South African economy Support sustainable green energy initiatives on a national scale through a diverse range of clean energy options as envisaged in the Integrated Resource Plan (IRP2010) and support bio-fuel production facilities. Indicate capacity in MW:

SIP 9: Electricity generation to support socioeconomic development


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Accelerate the construction of new electricity generation capacity in accordance with the IRP2010 to meet the needs of the economy and address historical imbalances. Monitor implementation of major projects such as new power stations: Medupi, Kusile and Ingula. Indicate capacity in MW:

SIP 10: Electricity transmission and distribution for all Expand the transmission and distribution network to address historical imbalances, provide access to electricity for all and support economic development. Align the 10-year transmission plan, the services backlog, the national broadband roll-out and the freight rail line development to leverage off regulatory approvals, supply chain and project development capacity.

SIP 11: Agri-logistics and rural infrastructure Improve investment in agricultural and rural infrastructure that supports expansion of production and employment, small-scale farming and rural development, including facilities for storage (silos, fresh-produce facilities, packing houses); transport links to main networks (rural roads, branch train-line, ports), fencing of farms, irrigation schemes to poor areas, improved R&D on rural issues (including expansion of agricultural colleges), processing facilities (abattoirs, dairy infrastructure), aquaculture incubation schemes and rural tourism infrastructure.

SIP 12: Revitalisation of public hospitals and other health facilities Build and refurbish hospitals, other public health facilities and revamp 122 nursing colleges. Extensive capital expenditure to prepare the public healthcare system to meet the requirements of the National Health Insurance (NHI) system. The SIP contains major builds for 6 hospitals.

SIP 13: National school build programme A national school build programme driven by uniformity in planning, procurement, contract management and provision of basic services. Replace inappropriate school structures and address basic service backlog and provision of basic services under the Accelerated School Infrastructure Delivery Initiative (ASIDI). In addition, address national backlogs in classrooms, libraries, computer labs and admin buildings. Improving the learning environment will strengthen outcomes especially in rural schools, as well as reduce overcrowding.

SIP 14: Higher education infrastructure Infrastructure development for higher education, focusing on lecture rooms, student accommodation, libraries and laboratories, as well as ICT connectivity. Development of university towns with a combination of facilities from residence, retail to recreation and transport. Potential to ensure shared infrastructure such as libraries by universities, FETs and other educational institutions. Two new universities will be built - in Northern Cape and Mpumalanga.

SIP 15: Expanding access to communication technology Provide for broadband coverage to all households by 2020 by establishing core Points of Presence (POPs) in district municipalities, extend new Infraco fibre networks across provinces linking districts, establish POPs and fibre connectivity at local level, and further penetrate the network into deep rural areas. While the private sector will invest in ICT infrastructure for urban and corporate networks, government will co-invest for township and rural access, as well as for e-government, school and health connectivity. The school roll-out focus is initially on the 125 Dinaledi (science and maths-focussed) schools and 1525 district schools. Part of digital access to all South Africans includes TV migration nationally from analogue to digital broadcasting.

SIP 16: SKA & Meerkat SKA is a global mega-science project, building an advanced radio-telescope facility linked to research infrastructure and high-speed ICT capacity and provides an opportunity for Africa and South Africa to contribute towards global advanced science projects.

SIP 17: Regional integration for African cooperation and development Participate in mutually beneficial infrastructure projects to unlock long-term socio-economic benefits by partnering with fast growing African economies with projected growth ranging between 3% and 10%. The projects involving transport, water and energy also provide competitively-priced, diversified, short and medium to long-term options for the South African economy where, for example, electricity transmission in Mozambique


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(Cesul) could assist in providing cheap, clean power in the short-term whilst Grand Inga in the DRC is long-term. All these projects complement the Free Trade Area (FTA) discussions to create a market of 600 million people in South, Central and East Africa.

SIP 18: Water and sanitation infrastructure A 10-year plan to address the estimated backlog of adequate water to supply 1.4m households and 2.1m households to basic sanitation. The project will involve provision of sustainable supply of water to meet social needs and support economic growth. Projects will provide for new infrastructure, rehabilitation and upgrading of existing infrastructure, as well as improve management of water infrastructure.


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APPENDIX 6

LIST OF SGIDS/COORDINATES OF THE BOUNDARY OF THE PROPERTY OR PROPERTIES/COORDINATES OF LISTED ACTIVITIES

SG NUMBERS FOR ALL PROPERTIES WITHIN 50 M OF THE N3 DEVELOPMENT SITE BETWEEN HAMMARSDALE AND

TWICKENHAM ROAD UNDERPASS (BAS 3, 4, 5 AND 6)

ERVEN N0FT02580000035500000 ERVEN N0FT00050000011000000 ERVEN N0FT00050000035600000







































ERVEN N0FT00050000031000001 ERVEN N0FT00400000010200000


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ERVEN N0FT03550000004100010 FARM PORTION N0FT00000000085200322










FARM PORTION N0FT00000000085200030 FARM PORTION N0FT00000000085200394




































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APPENDIX 6 (continued) MAP/CO-ORDINATES OF LISTED ACTIVITIES


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Legend for Zonation Map (overleaf)


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Zonation map which indicates areas that are non-urban, viz. areas where Listed activity Listing Notice 1 (Government Notice, No. R. 327, 7 Apr 2017) Item 56 may apply


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APPENDIX 7

LOCALITY MAP

Locality map of the proposed capacity upgrades to the N3 between Lynnfield Park and Gladys Manzi Road


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APPENDIX 8

PROJECT SCHEDULE

PROJECT SCHEDULE BA5

Task Start week Date Period of days

1 Submission of application to DEA Week 0 10 Oct 2018 Start of the 90 days

2 Acknowledgement of receipt from DEA

Week 1-2 20 Oct 2018 10 days from submission, to acknowledge receipt

3 Submission of draft BAR and supporting appendices to DEA

Week 2 25 Oct 2018 This happens when BAR goes out for public review

4 Public review of draft BAR and supporting appendices

Week 2-6 25 Oct – 23 Nov 2018

30 days public review period

5 Preparation of final BA documents for submission

Week 7- 10 26 Nov – 21 Dec 2018

End of 90 days (13 weeks) from submission of application is 11 Jan 2019 but shut down is 15th Dec 2018 so ends 31 Jan 2019

6 Submit Final documents to DEA Week 13/14 25 Jan 2019 Within the regulated 90 days. Start of the 107 days is 28 Jan 2019

7 DEA site visit During weeks 14-22

Jan/Feb/Mar 2018

8 Decision on Environmental Authorisation

Week 33 20 May 2019 End of 107 day period (15 weeks) 28 Jan to 20 May 2019 , accounting for public holidays

9 Notification of registered I&APs on EA & Appeal Period

Week 33 21 May – 24 May 2019

10 Appeal period Week 34 27 May – 12 Sept 2019

79 days inclusive of public holidays


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APPENDIX 9 INSERT SANRAL SIGNED PAGE

DECLARATION OF THE APPLICANT I, _ _________________________________, declare that

I am, or represent4, the applicant in this application;

I have appointed an Environmental Assessment Practitioner (EAP) to act as the independent EAP for this application / have obtained exemption from the requirement to obtain an EAP5;

I will take all reasonable steps to verify whether the EAP and specialist/s appointed are independent and have expertise in conducting environmental impact assessments or undertaking specialist work as required, including knowledge of the Act, the EIA Regulations and any guidelines that have relevance to the proposed activity;

I will provide the EAP and the Competent Authority with access to all information at my disposal that is relevant to the application;

I will be responsible for the costs incurred in complying with the Regulations, including but not limited to –

costs incurred in connection with the appointment of the EAP or any person contracted by the EAP;

costs incurred in respect of the undertaking of any process required in terms of the Regulations;

costs in respect of any fee prescribed by the Minister or MEC in respect of the Regulations;

costs in respect of specialist reviews, if the Competent Authority decides to recover costs; and

the provision of security to ensure compliance with conditions attached to an environmental authorisation, should it be required by the Competent Authority;

I will inform all registered interested and affected parties of any suspension of the application as well as of any decisions taken by the Competent Authority in this regard;

I am responsible for complying with the conditions of any environmental authorisation issued by the Competent Authority;

I hereby indemnify the Government of the Republic of South Africa, the Competent Authority and all its officers, agents and employees, from any liability arising out of the content of any report, any procedure or any action which the applicant or EAP is responsible for in terms of these Regulations;

I will not hold the Competent Authority responsible for any costs that may be incurred by the applicant in proceeding with an activity prior to obtaining an environmental authorisation or prior to an appeal being decided in terms of these Regulations;

I will perform all obligations as expected from an applicant in terms of the Regulations;

all the particulars furnished by me in this form are true and correct; and

I am aware of what constitutes an offence in terms of Regulation 48 and that a person convicted of an offence in terms of Regulation 48(1) is liable to the penalties as contemplated in section 49B of the Act.

I am aware that in terms of Section 24F of the National Environmental Management Act, as amended (Act No. 107 of 1998) that no listed activity may commence prior to an environmental authorisation being granted by the Competent Authority.

Signature6 of the applicant/ Signature on behalf of the applicant Refer to Proof of Authority below. Refer to Proof of Authority below. SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LIMITED

Name of company (if applicable)

Date:

4 If this is signed on behalf of the applicant, proof of such authority from the applicant must be attached. If the applicant is a juristic person, a signature on behalf of the applicant is required as well as proof of such authority. 5 If exemption is obtained from appointing an EAP, the responsibilities of an EAP will automatically apply to the person conducting the environmental impact assessment in terms of the Regulations. 6 Only original signatures will be accepted. No scanned, copied or faxed signatures will be accepted. An EAP may not sign on behalf of an applicant.


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Insert delegation of authority pages from SANRAL 1 of 3


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APPENDIX 10

DECLARATION OF THE EAP INSERT EAP SIGNED PAGE I, _____Ashleigh McKenzie_____________________________, declare that

I act as the independent environmental assessment practitioner in this application;

I have expertise in conducting environmental impact assessments, including knowledge of the Act, Regulations and any guidelines that have relevance to the proposed activity;

I will comply with the Act, Regulations and all other applicable legislation;

I will perform the work relating to the application in an objective manner, even if this results in views and findings that are not favourable to the applicant;

I will take into account, to the extent possible, the matters listed in Regulation 13 of the Regulations when preparing the application and any report relating to the application;

I undertake to disclose to the applicant and the Competent Authority all material information in my possession that reasonably has or may have the potential of influencing - any decision to be taken with respect to the application by the Competent Authority; and - the objectivity of any report, plan or document to be prepared by myself for submission to the Competent Authority, unless access to that information is protected by law, in which case it will be indicated that such information exists and will be provided to the Competent Authority;

I will perform all obligations as expected from an environmental assessment practitioner in terms of the Regulations; and

I am aware of what constitutes an offence in terms of Regulation 48 and that a person convicted of an offence in terms of Regulation 48(1) is liable to the penalties as contemplated in Section 49B of the Act.

Disclosure of Vested Interest (delete whichever is not applicable)

I do not have and will not have any vested interest (either business, financial, personal or other) in the proposed activity proceeding other than remuneration for work performed in terms of the Regulations;

I have a vested interest in the proposed activity proceeding, such vested interest being: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

Signature of the environmental assessment practitioner

Name of company:

Date


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UNDERTAKING UNDER OATH/ AFFIRMATION INSERT A MCKENZIE SIGNED PAGE WITH COMMISSIONER OF OATHS STAMP I, __________________________________, swear under oath / affirm that all the information submitted or to be

submitted for the purposes of this application is true and correct.

Signature of the Environmental Assessment Practitioner

Name of Company

Date

Signature of the Commissioner of Oaths

Date

APPLICATION FORM FOR ENVIRONMENTAL AUTHORISATION · Application for Environmental Authorisation...

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