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and weakening or destruction of the water sources (including estuaries), and by the protection
of the vegetation and the combating of weeds and invader plants).
Development within the coastal zone is also to some extent controlled through National
Environmental Management Act No.107 0f 1998 (NEMA) and associated EIA regulations. A
range of listed activities are included in the annexures to the regulations for which either a
Basic or full EIA are required. In the event that a developer wishes to undertake a project
involving any of the listed activities, the developer is required to appoint an independent EIA
practitioner to conduct a Basic Environmental Assessment (in the case of the former) or initiate
a scoping exercise in the case of the latter). Following completion of such an assessment, an
application must then be made to the relevant authority (Western Cape Department of
Environmental Affairs & Development Planning or DEAT in the case of the Kogelberg area) for
approval of the project. The application will be considered by the MEC/Minister and his/her
staff and a Record of Decision issued indicating that the development may either proceed
under certain conditions, must be subject to a more detailed assessment (i.e. full EIA), or may
not proceed at all. The Record of Decision (ROD) issued by the authority (DEADP) may be
appealed by the applicant (or anyone opposed to the development) which could result in the
ROD being upheld, additional conditions being imposed on the development, or the ROD being
overturned. Such an appeal must be lodged within 30 days of the ROD being published, using
the appropriate forms. Further details on the EIA process, application and appeal forms are
available on the Cape>Gateway website
(www.capegateway.gov.za/eng/directories/services/11537/10199).
NEMA requires that activities identified by the Minister may not commence without an
environmental authorisation in terms of section 24. When applying for an environmental
authorisation an environmental impact assessment must be undertaken to assess potential
impacts on the environment, socio-economic condition and cultural heritage, the results of
which must be reported to the authority charged with authorizing, permitting or otherwise
allowing the implementation of an activity (in this case DEA&DP).
Regulations were promulgated in 2006 which regulate procedures and criteria for EIA and list
activities which are subject to basic assessment reports and scoping assessment and
environmental assessment reports. Applications for the following activities, listed in GN No. R.
386, are subject to a basic assessment as provided in regulations 22 – 26 of the Environmental
Impact Assessment Regulations (GN No. R. 385):
1. The construction of facilities or infrastructure, including associated structures and
infrastructure, for -
(a) any purpose in the one in ten year flood line of a river or stream, or within 32
metres from the bank of a river or stream where the flood line is unknown, excluding
purposes associated with existing residential use, but including –
(i) canals; (ii) channels; (iii) bridges; (iv) dams; and (v) weirs;
(b) marinas and the launching of watercraft on inland freshwater systems;
2. Construction or earth moving activities in the sea or within 100 metres inland of the highwater
mark of the sea, in respect of –
(a) facilities for the storage of material and the maintenance of vessels;
(b) fixed or floating jetties and slipways;
(c) tidal pools;
(d) embankments;
Uilkraals Estuary Situation Assessment
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