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The Rectification of Unlawful Commencement of a Dam Expansion on Portion 3 of the Farm De Hoek Estates No. 25

APPLICATION IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT 107 OF 1998)(“NEMA”) FOR THE UNLAWFUL COMMENCEMENT OF A LISTED ACTIVITY: EXPANSION OF A DAM ON PORTION 3 OF FARM DE HOEK ESTATES NO. 25 NEAR PORTERVILLE: NOTIFICATION OF DECISION

 (DEA&DP Ref No: 14/2/1/1/F1/12/0095/15)

The Applicant (Kosie van Niekerk Boerdery Pty Ltd.) proposes the enlargement of an existing dam on Portion 3 of the Farm De Hoek Estates No. 35, approximately 7 km north east of Saron and 24.5 km south of Porterville in the Western Cape Province. The aforementioned project was previously the subject of an application for Environmental Authorization, via a Basic Assessment Process. During the comment period on the Draft Basic Assessment Report, it came to light that the applicant had unlawfully commenced with the proposed project in January 2015. Works on site were ceased in March 2015, resulting in only the core trench and outlet pipe of the proposed enlarged dam being commenced with. As a result of the unlawful commencement of the project, the original Basic Assessment application was terminated, and an Application for Rectification of Unlawful Commencement of Listed Activities, has been initiated in terms of Section 24G of NEMA.

Interested and/or Affected Parties are hereby notified that DEA&DP has issued an Environmental Authorisation in terms of section 24 and section 24G of the NEMA and the 2014 Environmental Impact Assessment Regulations for the proposed project. DEA&DP has granted environmental authorisation to the Applicant (i.e. Kosie van Niekerk Boerdery) to continue with the listed activities specified in Section C of the Environmental Authorisation with respect to Alternative 1 described in the Environmental Impact Report of November 2015 of the proposed project. The Environmental Authorisation (which was dated 18 March 2016 and issued by DEA&DP on 18 March 2016) and a copy of the registered I&AP database are downloadable via the links below.

We would like to draw your attention to your right to appeal against the decision to the Appeal Administrator in terms of the National Appeal Regulations (2014), as outlined in Section I of the EA. Any person affected by a decision who wishes to appeal must submit an appeal in accordance with regulation 4 of the National Appeal Regulations (2014), and a copy of the appeal to the holder, any registered I&APs, any Organ of State with interest in the matter and the decision maker within 20 (twenty) calendar days from the date the holder notified the registered I&APs of the decision.

All Appeal Forms and other appeal documentation must be submitted by means of one of the following methods:

By post: Attention: Jaap de Villiers
Western Cape Ministry of Local Government, Environmental Affairs & Development .Planning
Private Bag X9186
Cape Town
8000
By facsimile: (021) 483 4174; or
By hand: Attention: Mr Jaap de Villiers (Tel: 021 483 3721)
Room 809, 8th Floor Utilitas Building, 1 Dorp Street
Cape Town
8001
By e-mail: Jaap.DeVilliers@westerncape.gov.za

Note: An electronic copy (Microsoft Word format) of the appeal and any supporting documents must also be submitted to the Appeal Administrator.

A prescribed Appeal Form, as well as assistance regarding the appeal processes, is obtainable from the office of the Minister at: Tel. (021) 483 3721, E-mail Jaap.deVilliers@westerncape.gov.za or URL http://www.westerncape.gov.za/eadp