Final EIAR - Aurecon AME Environmental | Environmental Projects

Proposed Wind and Solar (Photovoltaic) Energy Facilities on Kangnas Farm near Springbok in the Northern Cape: Final EIR 10
plant invaders listed in the regulations that may pose a problem as a result of the proposed
projects.
1.2.7 National Road Traffic Act, No. 93 of 1996 (as amended)
The National Road Traffic Act (No. 93 of 1996) (as amended) (NRTA) makes provision for all
matters pertaining to the use and management of roads within South Africa. In terms of this
policy certain vehicles and loads cannot be moved on public roads without exceeding the
limitations in terms of the dimensions and/or mass as prescribed in the Regulations of the
NRTA. Where such a vehicle or load cannot be dismantled without disproportionate effort,
expense or risk of damage, into units that can travel or be transported legally, it is classified as
an abnormal load. When the movement of an abnormal load is considered to be in the
economic and/or social interest of the country, a special permit may be issued to allow it to
operate on a public road for a limited period. Permits are normally issued by the Provincial Road
Authorities and, if necessary, input is obtained from local and metropolitan authorities. Should
such a permit be required, Mainstream would need to obtain the necessary road permits from
the relevant Road Authorities as it is outside of the scope of the EIA process.
1.2.8 The National Environmental Management: Biodiversity Act, No. 10 of 2004
The National Environmental Management: Biodiversity Act (No.10 of 2004) provides for the
management and conservation of South African biodiversity within the framework of National
Environmental Management Act. It deals, inter alia, with the protection of species and
ecosystems that warrant national protection. Chapter 4 of the Act makes provision for the
protection of critically endangered, endangered, vulnerable, and protected ecosystems that
have undergone, or are at risk of undergoing significant degradation of ecological structure,
function, or composition due to anthropogenic influences. Chapter 3 provides for Biodiversity
Planning instruments, such as Bioregional Plans. No such Bioregional Plan exists for the area
of concern yet, but a precursor to this, a Biodiversity Sector Plan (BSP), has been drafted by the
Garden Route Initiative (GRI). A BSP provides a way forward in reconciling the conflict
between development and the maintenance of natural systems. The BSP provides baseline
biodiversity information needed for land-use planning and decision making and other multisectoral
planning processes, through the identification of Critical Biodiversity Areas and
Ecological Support Areas. Protecting these areas is important when considering the
maintenance of Biodiversity. No BSP’s have been identified within the immediate vicinity of the
site.
1.2.9 Mineral and Petroleum Resources Development Act, No. 28 of 2002
By virtue of the Minerals and Petroleum Resources Development Act (No. 28 of 2002)
(MPRDA), the State exercises sovereignty over all mineral and petroleum resources within
South Africa and ensures the equitable access to such resources and the benefits derived there
from. In seeking to promote economic growth and mineral and petroleum resources
development, the Minister must also ensure that the natural resources are developed in a
manner that is ecologically sustainable. Applications can be made for both prospecting and
mining rights, as well as a mining permit to the Minister, which may be granted provided that the
requisite environmental management programmes and plans have been submitted. In terms of
the provisions on the MPRDA, the sourcing of material for road construction and foundation
© Aurecon (2012) No unauthorised reproduction, copy
or adaptation, in whole or in part, may be made.
P:\Projects\108495 Kangnas WEF & PV EIA's\3 Project Delivery\4 Reports\FEIR\FEIR 210213 Final.doc