Basic Assessment Report - Transnet

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Transnet LimitedProposed RO Plant: Port of SaldanhaFinal Basic Assessment Report6: The excavation, moving, removal, depositing or compacting of soil, sand, rock orrubble covering an area exceeding 10 square metres in the sea or within adistance of 100 metres inland of the high water mark of the sea.*12: The transformation or removal of indigenous vegetation of 3 hectares or more orof any size where the transformation or removal would occur within a criticallyendangered or an endangered ecosystem listed in terms of section 52 of theNational Environmental Management: Biodiversity Act, 2004 (Act no 10 of 2004).13: The abstraction of groundwater at a volume where any general authorisationissued in terms of the National Water Act, 2004 (Act No. 36 of 1998) will beexceeded.25: The expansion of or changes to existing facilities for any process or activity,which requires an amendment of an existing permit or licence or a new permit orlicense in terms of legislation governing the release of emissions, pollution,effluent.*No listed activities identified in GN R 387 are applicable to the proposed project.GN R 385 Section 25 makes provision for the competent authority to request that aScoping and EIA process be undertaken if they decide, upon review of the BasicAssessment Report, that the process was insufficient to permit a decision to be taken.Further, Sections 60-68 of GN R 385 make provision for appeal against any decisionissued by the competent authority. In terms of the Regulations, a notice of intention toappeal has to be lodged with the competent authority in writing within ten days of thenotification of the issue of the Record of Decision. The appeal must be lodged within30 days of the submission of the notice of intention to appeal.Legal requirements for this projectThe proposed RO Plant includes listed activities in terms of GN R 386. As such,Transnet is obliged to conduct a Basic Assessment for the proposed activity inaccordance with the procedure stipulated in GN R 385. Following the submission ofthe Notice of Intent to Submit an Application on 25 May 2007, DEAT accepted theNotice of Intent and confirmed that a Basic Assessment process may proceed in termsof the EIA Regulations, hence this Final BA Report forms part of this process (Referto Appendix H4 for the acceptance of the Notice of Intent to complete a BA receivedfrom DEAT).9Prepared by the PDNA/SRK Joint Venture
Transnet LimitedProposed RO Plant: Port of SaldanhaFinal Basic Assessment Report2.2 Marine Living Resources Act (Act No. 18 of 1998)The Marine Living Resources Act 18 of 1998 governs Marine Protected Areas(MPAs) and states in Section 43 that:(2) No person shall in any marine protected area, without permission in terms ofsubsection (3)—(b) take or destroy any fauna and flora other than fish;(c) dredge, extract sand or gravel, discharge or deposit waste or any otherpolluting matter, or in any way disturb, alter or destroy the naturalenvironment;(e) carry on any activity which may adversely impact on the ecosystems ofthat area.There are a number of MPAs declared under the Marine Living Resources Act 18 of1998. The relevant MPAs in the region include:• Langebaan Lagoon MPA;• Sixteen Mile Beach MPA;• Malgas Island MPA;• Jutten Island MPA; and• Marcus Island MPA.Legal requirements for this projectA number of MPAs have been declared in close vicinity of the Port of Saldanha, andcare must be taken to avoid any possible impact on the areas. The potential adverseimpacts on the MPAs of the proposed construction and operation of the RO Plant willneed to be investigated (refer to the Marine Impact Assessment available in AppendixG3).2.3 National Environmental Management: Biodiversity Act(Act No. 10 of 2004)The purpose of the National Environmental Management: Biodiversity Act 10 of2004 is to provide for the management and conservation of South Africa’sbiodiversity and the protection of species and ecosystems that warrant nationalprotection.Legal requirements for this projectThe proposed RO Plant may be located (Site 1) in close proximity to, and may impacton, sensitive dune systems supporting possible red data species. The impact of the10Prepared by the PDNA/SRK Joint Venture
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