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Record of Decision - MMRTS 1

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RECORD OF DECISION IN TERMS OF SECTION 22 (3) OF THE ENVIRONMENT CONSERVATION ACT, 1989 WITH REGARD TO THE UNDERTAKING OF THE ACTIVITY DESCRIBED BELOW AS REQUIRED BY GOVERNMENT NOTICE NO. R. 1183 OF 5 SEPTEMBER 1997.

REFERENCE NUMBER: A24/16/3/209

BRIEF DESCRIPTION OF ACTIVITY:
CONSTRUCTION OF MOOI-MGENI RIVER TRANSFER SCHEME (PHASE 1)

LOCALITY:
Mooi River, Rosetta and Howick area, KwaZulu-Natal

APPLICANT:
Department of Water Affairs & Forestry
Chief Directorate: Development
Private Bag X 313
PRETORIA
0001
Contact person: Ms Geraldine Munro
Tel: (012) 336 8218
Fax: (012) 336 8678

CONSULTANTS:

Midmar Dam Raising Mearns Weir and Receiving Streams Mearns Weir and Receiving Streams Midmar Dam Raising, Mearns Weir and Receiving Streams
David Totman and Associates,
12 Daisy Road,
Hilton,
3245

Contact person: David Totman
Fax: (0331) 43 1777
Tel: (0331) 43 1777
Cell: 083 454 0191

Alletson Ecologicals,
PO Box 1129,
Hilton,
3245.

Contact person: Jake Alletson
Fax: (0331) 43 4972
Tel: (0331) 43 4972
Cell: 083 763 9654

Institute for Water Research Environmental,
PO Box 789,
Howick,
3290.

Contact person: Greg Huggins
Fax: (033) 330 2612
Tel: (033) 330 2612
Cell: 082 460 4247

Institute for Cultural Resource Management,
Natal Museum,
Private Bag 9070,
Pietermaritzburg,
3200

Contact person: Gavin Anderson
Fax: (033) 345-0561
Tel: (033) 345-1404
Cell: 082-422-7327

DECISION:

Authorisation is granted in terms of Section 22(3) of the Environment Conservation Act (Act No 73 of 1989), to construct Mooi-Mgeni River Transfer Scheme (Phase 1), KwaZulu-Natal.

This authorisation is granted subject to the following conditions:

1.  GENERAL:

1.1  This authorisation refers only to the activities as specified and described above. Any other development listed under Section 21 of the Environment Conservation Act, No 73 of 1989 which is not specified above, is not covered by this authorisation, and must therefore comply with the requirements of the Act and Government Notice R 1183.

1.2  Authorisation is granted in terms of Section 22 of the Environment Conservation Act (Act No. 73 of 1989). This Authorisation does not exempt the holder from compliance with any other applicable legislation.

1.3  The applicant must in the event of non-compliance with any condition of this authorisation inform the Department within 48 hours.

1.4  A copy of this authorisation shall be available at the construction site at all times and all staff, contractors and sub-contractors shall be familiar with or be made aware of the contents of this authorisation.

1.5  A performance-based requirement must be included in all contracts entered into by the applicant. The applicant must carry out regular environmental audits to establish how well the contractor is complying with conditions for authorisation.

1.6  The applicant must notify the registered interested and affected parties of this record of decision and associated conditions within 3 (three) working days of the date of this authorisation.

1.7  That the approval of this development should in no way be construed as setting a precedent for other potential applications. All applications shall be dealt with on a case-by-case basis on its own merits.

2.  THE ENVIRONMENTAL MANAGEMENT PLAN

2.1  An environmental management plan (EMP) for the construction and operational phases must be compiled and implemented by the applicant after approval by the national Department of Environmental Affairs and Tourism as well as the relevant provincial environmental authority, prior to physical construction. The EMP should provide a clear indication with respect to liabilities.

2.2  The EMP is to be seen as a dynamic document and any substantial changes, updates or upgrades must be submitted to the national Department of Environmental Affairs and Tourism as well as the relevant provincial environmental authority for approval.

2.3  The provisions of the EMP are binding on contractors operating on the site during the life of the project (including the rehabilitation phase).

2.4  Mitigation measures addressed in the scoping reports should be adhered to and compliance must be monitored, subject to the provision of the EMP contemplated in 2.1 above.

2.5  Emergency action plans for accidental pollution as well as natural disasters during the construction phase must be described in the EMP.

2.6  A copy of this authorisation shall be available at the construction site at all times. All staff, contractors and sub-contractors shall be familiar with or be made aware of the contents of this authorisation and the environmental management plan.

2.7  Compliance / non-compliance records must be kept in good order and shall be available on request by the authorities.

3.  PROJECT SPECIFIC CONDITIONS:

3.1 Raising of Midmar Dam Wall:

  1. The applicant must establish a monitoring committee to monitor the implementation of the EMP and those other impacts where the outcome is uncertain at this point in time.
  2. All property compensation matters must be concluded in accordance with the Statutes(National Water and Expropriation Acts).
  3. The Reserve for this project must be implemented in terms of the National Water Act (Act 36 of 1998) as determined by the Minister of Water Affairs and Forestry.
  4. Access routes to the property must be carefully designed and maintained to minimise any impacts.

3.2  Development of Mearns Weir to full supply level of 1382 masl:

  1. The applicant must establish a monitoring committee to monitor the implementation of the EMP and those other impacts where the outcome is uncertain at this point in time.
  2. All property compensation matters must be concluded in accordance with the Statutes (National Water and Expropriation Acts).
  3. The Reserve for this project must be implemented in terms of the National Water Act (Act 36 of 1998) as determined by the Minister of Water Affairs and Forestry.
  4. Access routes to the property must be carefully designed and maintained to minimise any impacts.
  5. The proposed, or other suitable mitigatory measures, as advocated in the Archaeological Survey of the Proposed Mooi-Mgeni River Transfer Scheme report (February 2000) must be implemented.

3.3  The Receiving Streams:

  1. The applicant must implement the proposed mitigatory measures, as advocated in chapters 5 & 6 of the receiving streams’ scoping report subject to the provision of the EMP contemplated in 2.1 above.
  2. The applicant must establish a monitoring committee to monitor the implementation of the EMP and those other impacts where the outcome is uncertain at this point in time.
  3. All property compensation matters must be concluded in accordance with the Statutes (National Water and Expropriation Acts).
  4. Access routes to the property must be carefully designed and maintained to minimise any impacts.
  5. The proposed, or other suitable mitigatory measures, as advocated in the Archaeological Survey of the Proposed Mooi-Mgeni River Transfer Scheme report (February 2000) must be implemented.

KEY FACTORS AFFECTING THE DECISION:

The Department’s recommendation for an authorisation of this activity is based upon a review of the reports submitted. This department is satisfied that the construction of the Mooi-Mgeni River Transfer Scheme will have no significant impact on the functioning of the constituent biota if the specific authorisation conditions stipulated are adhered to. This project is regarded as an essential public service of which the benefits far outweigh the potential negative impacts.

SITE VISIT:

Date: 27 October 2000

Persons present:

Ms N. Qongqo DEAT
Mr J. Geringer DWAF
Ms L. Archer UW
Mr S. Gillham UW

DURATION AND DATE OF EXPIRY:
If construction does not commence within a period of 2 (two) years this authorisation will be invalidated.

APPEAL:
Formal appeal can be directed to the Minister of Environmental Affairs and Tourism at the address indicated below. Such an appeal must be lodged within 30 (thirty) days from the date of this authorisation.

The Minister of Environmental Affairs and Tourism
Private Bag X447
PRETORIA
0001
Tel: (012) 310 3911
Fax: (012) 322 0082