Basic Assessment Report - Transnet

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Transnet LimitedProposed RO Plant: Port of SaldanhaFinal Basic Assessment Reportcompleted in parallel to the Basic Assessment. DWAF will take a decision on theWULA only once a Record of Decision for the proposed development has beenissued by DEAT.2.6 Water Services Act (Act No. 108 of 1997)In terms of Section 7 of the Water Services Act 108 of 1997, no person may “obtainwater for industrial use from any other source other than the distribution of WaterServices Provider nominated by a Water Services Authority having jurisdiction overthe area in question, without the approval of that Water Services Authority”(Industrial use is defined as the use of water for mining,manufacturing……construction or any related purpose).The briefing document on the application and implications of Sections 6, 7 and 8 ofthe Water Services Act (issued by DWAF) is also very clear in that the policyprinciple that informs Sections 6 and 7 of the Act states “where a person wishes tosecure water services from a source other than a Water Services Provider nominatedby the Water Services Authority, that person must apply to the Water ServicesProvider for approval to secure water services from such other resource”.Legal requirements for this projectSaldanha Bay Local Municipality, as the Water Services Authority, also acts as aWater Services Provider for the distribution of water within the municipal area. Inaddition, Saldanha Bay Municipality has an agreement with the West Coast DistrictMunicipality, as a Water Services Provider within the Saldanha Bay municipal area,for the supply and distribution of bulk water. One of these connections from the WestCoast District Municipality is to the Iron Ore Handling Facility.As the RO Plant will provide water to the Iron Ore Handling Facility (for industrialuse), Transnet will need to obtain approval from the Saldanha Bay LocalMunicipality (as the Water Services Authority in the area) to secure water servicesfrom a source other than a Water Services Provider nominated by the Water ServicesAuthority.2.7 Promotion of Access to Information Act (Act No. 2 of2000)The Promotion of Access to Information Act 2 of 2000 (PAIA) gives effect to theconstitutional right of access to information held by the state and any information thatis held by another person that is required for the exercise or protection of any rights.This right is important because many decisions of government have a direct andindirect impact on the environment, and therefore access to information regarding theproposed impact is vital to people who are likely to be affected.13Prepared by the PDNA/SRK Joint Venture
Transnet LimitedProposed RO Plant: Port of SaldanhaFinal Basic Assessment ReportThe right to specific information under NEMA and PAIA help to safeguard thepublics’ right to information that will enable them to protect their environmentalrights.Legal requirements for this projectTransnet is required to make all information of regarding the proposed activity, whichcould influence the outcome of the Basic Assessment, available to the public to allowthe public insight into the potential impacts from the activity, and to allow the publicthe opportunity to comment on the proposed activity during the BA process.2.8 Promotion of Administrative Justice Act (Act No. 3 of2000)The Promotion of Administrative Justice Act 3 of 2000 (PAJA) aims to promote anefficient administration and good governance and to create a culture of accountability,openness and transparency in the public administration or in the exercise of a publicpower.In terms of Section 3(2) of PAJA, an administrative action which adversely affects aperson is only fair if the administrator has given that person:a) adequate notice of the nature and purpose of the proposed administrativeaction;b) a reasonable opportunity to make representations;c) a clear statement of the administrative action;d) adequate notice of any right of review or internal appeal, where applicable;ande) adequate notice of the right to request reasons in terms of section 5.PAJA codifies the rules relating to judicial review of administrative actions and liststhe relief that the court may grant to a person asking for judicial review of anadministrative action. Under the Act all decisions of every administration at everylevel of government will have to comply with the rules that are in the Act, whichinclude that all decisions made by government officials and departments have to belawfully, procedurally fair and reasonable.Legal requirements for this projectTo ensure that the administrative action related to a decision with respect to theproposed activity is fair, the authority, in this case DEAT, has to ensure that thepublic is informed and given opportunity to respond to the decision regarding theproject. The decision-making authority (DEAT) will also have to ensure that anydecision made on the proposed application is lawfully and procedurally fair andreasonable in terms of the required BA process.14Prepared by the PDNA/SRK Joint Venture
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Basic Assessment Report - Transnet

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