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CRR IV FEIR ~ 26042010 [FINAL].pdf - Environmental Projects

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EIA FOR THE PROPOSED LANGEZANDT QUAYS DEVELOPMENT IN STRUISBAAI HARBOUR: <strong>CRR</strong><br />

3.1.103<br />

3.1.104<br />

3.1.105<br />

Justine Sweet (97)<br />

Justine Sweet (97)<br />

Justine Sweet (97)<br />

The EAP alleges that the Integrated Coastal<br />

Management Act [24 of 2008. Desmond<br />

Marinus at the DEA] ("ICMA") is not<br />

applicable in the context of the EIA process<br />

because a date for its commencement has<br />

not yet been set. We are advised [Mr<br />

Marinus of the DEA] that a date has in fact<br />

been set for the commencement of the<br />

ICMA which shall be published shortly. In<br />

any event, given the fact that this Act has<br />

already been published and is directly<br />

applicable to the applicant's proposed<br />

development, it is our view that its content<br />

should have been addressed within the<br />

draft EIR.<br />

As a result, our clients contend that the<br />

abovementioned pertinent provisions of the<br />

ICMA should have been addressed within<br />

the draft EIR particularly given their<br />

relevance to the location of the site within<br />

the coastal protection zone. To the extent<br />

that they have not been addressed, they<br />

must be taken into account by the decisionmaker.<br />

Although the conversion of the application<br />

from a basic assessment requirement to a<br />

full scoping and environmental impact<br />

assessment is to be applauded (more<br />

particularly based on the extensive negative<br />

reaction to the proposed development), the<br />

public participation has still, in our view<br />

been inadequate.<br />

The ICMA has been enacted and became<br />

operational on the 1 December 2009 (expect<br />

sections 11, 65, 66, 95, 96 and 98) and has<br />

been included into the <strong>FEIR</strong>. Please refer to<br />

Section 1.3.5 of the <strong>FEIR</strong>.<br />

Please refer to Section 1.3.5 of the <strong>FEIR</strong><br />

which has been revised from the DEIR to<br />

include this Act as it became operational on 1<br />

December 2009.<br />

The EAP respectfully disagrees with the<br />

ascertion that public participation has been<br />

inadequate.Please refer to Chapter 3 of the<br />

<strong>FEIR</strong> which summarises all public<br />

engagements throughout the assessment to<br />

date.<br />

Process<br />

Process<br />

Process<br />

I:\ENV\PROJECTS\401807~Struisbaai\Public Participation\Comments & Response\EIR\<strong>CRR</strong> <strong>IV</strong> <strong>FEIR</strong> ~ <strong>26042010</strong> [<strong>FINAL</strong>].doc 145 of 193

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