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Uilkraals Situation Assessment - Anchor Environmental

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and weakening or destruction of the water sources (including estuaries), and by the protectionof the vegetation and the combating of weeds and invader plants).Development within the coastal zone is also to some extent controlled through National<strong>Environmental</strong> Management Act No.107 0f 1998 (NEMA) and associated EIA regulations. Arange of listed activities are included in the annexures to the regulations for which either aBasic or full EIA are required. In the event that a developer wishes to undertake a projectinvolving any of the listed activities, the developer is required to appoint an independent EIApractitioner to conduct a Basic <strong>Environmental</strong> <strong>Assessment</strong> (in the case of the former) or initiatea scoping exercise in the case of the latter). Following completion of such an assessment, anapplication must then be made to the relevant authority (Western Cape Department of<strong>Environmental</strong> Affairs & Development Planning or DEAT in the case of the Kogelberg area) forapproval of the project. The application will be considered by the MEC/Minister and his/herstaff and a Record of Decision issued indicating that the development may either proceedunder certain conditions, must be subject to a more detailed assessment (i.e. full EIA), or maynot proceed at all. The Record of Decision (ROD) issued by the authority (DEADP) may beappealed by the applicant (or anyone opposed to the development) which could result in theROD being upheld, additional conditions being imposed on the development, or the ROD beingoverturned. Such an appeal must be lodged within 30 days of the ROD being published, usingthe appropriate forms. Further details on the EIA process, application and appeal forms areavailable 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 anenvironmental authorisation in terms of section 24. When applying for an environmentalauthorisation an environmental impact assessment must be undertaken to assess potentialimpacts on the environment, socio‐economic condition and cultural heritage, the results ofwhich must be reported to the authority charged with authorizing, permitting or otherwiseallowing the implementation of an activity (in this case DEA&DP).Regulations were promulgated in 2006 which regulate procedures and criteria for EIA and listactivities which are subject to basic assessment reports and scoping assessment andenvironmental 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 <strong>Environmental</strong>Impact <strong>Assessment</strong> Regulations (GN No. R. 385):1. The construction of facilities or infrastructure, including associated structures andinfrastructure, for ‐(a) any purpose in the one in ten year flood line of a river or stream, or within 32metres from the bank of a river or stream where the flood line is unknown, excludingpurposes 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 highwatermark 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;<strong>Uilkraals</strong> Estuary <strong>Situation</strong> <strong>Assessment</strong>51<strong>Anchor</strong> <strong>Environmental</strong>

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