Contact Details

Post: P.O. Box 31108
Tokai
7966
South Africa

Email: info@hollandandassociates.net
Cell: +27 (0)72 601 0803
Fax: 086 653 1765


Ross Holland at Linkedin

The Rectification of Unlawful Construction of Buildings Within 32m of a Watercourse and the Clearance of Vegetation, Porterville, Western Cape

THE RECTIFICATION OF UNLAWFUL CONSTRUCTION OF BUILDINGS (LAPA AND HOSTEL) EXCEEDING 50m2 OR MORE WHERE SUCH CONSTRUCTION OCCURS WITHIN 32m OF A WATERCOURSE AND THE CLEARANCE OF VEGETATION ON PORTION 3 OF THE FARM DE HOEK ESTATES NO.35 AND REMAINDER OF FARM VORENTOE No. 356, NEAR PORTERVILLE, WESTERN CAPE: NOTIFICATION OF AVAILABILITY OF THE FINAL S24G EIA REPORT 

(DEA&DP Ref No:14/2/1/1/F1/12/0094/15)

KVNB (Pty) Ltd (“KVNB”) is the corporate entity that conducts farming operations on Portion 3 of Farm De Hoek Estate No. 35 and Remainder Farm Vorentoe No. 356.  KVNB undertakes the farming activities on the aforementioned properties by virtue of an agreement concluded between it and the Kosie van Niekerk Family Trust.  The aforesaid Trust is the registered owner of the Properties.

KVNB was served with a Pre-compliance Notice by the Department of Environmental Affairs and Development Planning (DEA&DP) on 4 May 2015 entitled “Pre-compliance Notice: Intention to issue a compliance notice in terms of section 31L of the National Environmental Management Act 107 of 1998) (“NEMA”). The pre-compliance notice relates respectively to: (i) The expansion of the so-called “Riverside Dam”; (ii) the clearance of vegetation on certain portions of the Properties (which pertains to the establishment of the vineyard); (iii) the construction of a hostel; and (iv) the erection of a lapa. As a result of the unlawful commencement of the aforementioned activities, an Application for Rectification of Unlawful Commencement of Listed Activities, has been initiated in terms of Section 24G of the NEMA, and refers to the 2014 Environmental Assessment Regulations. In this regard, the project triggers activities 12, 19 and 49 of Listing Notice 1 (GN R983), activity 15 of Listing Notice 2 (GN R985) and activities 4, 14 and 18 of Listing Notice 3 (GN R985).   Kindly note that the Riverside Dam referred to in point (i) above, was rectified via a separate S24G process, that has already been concluded.  The current S24G process relates to the Hostel, Lapa and agricultural expansion only.

Holland and Associates Environmental Consultants have been appointed by the Kosie van Niekerk Boerdery (Pty) Ltd to assist in fulfilling the legally required environmental process for the proposed project.

Following the comment period for the Draft S24G EIA Report, which ended on 7 March 2016, the EIA Report has been finalised and will now be available for review during a final 21 day public comment period. For ease of reference, please find below a summary of how the EIA Report has been updated and revised since the Draft EIA Report was lodged for public comment:

  • A number of minor changes to aid readability and correct minor typographical errors;
  • Section C (Public Participation) has been updated, to report on progress with the public participation process since the lodging of the Draft S24G EIA Report
  • Appendix F has been updated with the inclusion additional public participation process information since the lodging of the Draft S24G EIA Report, including a Comments and Response Report.
  • Appendix G2 has been updated to reflect the final version of the Botanical Specialist Report (Appendix G2 of the Draft S24G Report erroneously contained a draft version of the Botanical Report, that omitted the specialists assessment tables).
  • A number of minor refinements have been made to the EMP for the project (which is included as Appendix H of the Final S24G EIA Report).

All changes made to the Final S24G EIA Report have been underlined in the text of the report for ease reference. Note that no substantive changes have been made to the findings, conclusions or recommendations of the S24G EIA Report.

The Final S24G EIA Report has been made available to the public from 7 July 2016 to 28 July 2016 for a 21 day comment period. Copies of the report have been lodged at the Porterville Public Library and can be downloaded via the link below. As a Registered Interested & Affected Party (I&AP), you are invited to review and comment on the Final S24G EIA Report.

Should you have any comments, issues or concerns regarding the proposed project or the findings of the Final S24G EIA Report submit your comments via post, e-mail or fax to Mr Ross Holland of Holland & Associates Environmental Consultants (Fax: 086 653 1765, email: ross@hollandandassociates.netor post: PO Box 31108, Tokai, 7966) on or before 28 July 2016.  The Department of Environmental Affairs and Development Planning (DEA&DP) reference numbers must be referred to in all correspondence submitted by I&APs. Once the comment period closes, the Final S24G EIA Report will be submitted to DEA&DP, for their consideration and decision, together with the comments from I&APs.