17 March 2008
- Media Statement - Department of Environmental
Affairs and Tourism - MONDAY, 17 MARCH 2008:
The Minister of Environmental Affairs and
Tourism, Mr. Marthinus van Schalkwyk, has
in terms of section 35(4) of the Environment
Conservation Act, 1989 (ECA), decided to
dismiss the appeals lodged against the decision
to grant the environmental authorisation
for the construction of the proposed power
station and its associated infrastructure.
The project in question
involves the construction of a 5400MW coal-fired
power station and associated infrastructure
near Witbank, on approximately 2500ha of
land on the Farm Hartbeesfontein 537 JR
and the Farm Klipfontein 566 JR.
This decision sees to
it that this power station will be fitted
with the most advanced air pollution abatement
equipment ever installed at a power station
in South Africa. The equipment will result
in a minimum of 90% of the sulphur dioxide
being removed from the emissions. The equipment
will also reduce dust emissions from the
power station to be in line with international
emission standards. This equipment is expensive
to install and operate but Eskom have made
the commitment to ensure that the air quality
impacts from this new plant do not result
in a deterioration of the air quality in
the region.
The technology to be
installed is called flue gas desulphurisation
or FGD and involves the scrubbing of sulphur
dioxide gas with a sorbent (limestone) to
limit the emissions of sulphur dioxide to
the atmosphere. The process also removes
the majority of the dust from the emissions
and has added benefits such as reducing
the mercury emissions from the plant. This
is the first time that Eskom will be installing
control technology that will address sulphur
dioxide emissions. Traditionally Eskom have
only been regulated in their dust emissions.
The power station falls
within the recently declared Highveld Priority
Area, and as such, was subject to detailed
scrutiny in terms of its air quality impacts.
The Department of Environmental Affairs
and Tourism is embarking on a detailed air
quality management planning process to address
poor air quality in the region, with the
ultimate objective of ensuring that the
air quality in the area does not exceed
health based standards.
Furthermore, given the
need to mitigate against climate change
and to reduce carbon dioxide emissions,
the Record of Decision requires carbon capture
readiness. The Applicant is required to
submit to DEAT a report detailing the preferred
technology, for approval, before proceeding
with construction.
This condition would
then allow the Department to assess whether
the chosen technology is appropriate and
would allow us to do the necessary research
to ensure that the appropriate measures
(site layout, ducting etc.) are taken into
account during the construction phase.
A copy of the decision
and record of decision is attached hereto.
APPEAL DECISION
MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM
APPEALS AGAINST THE
ENVIRONMENTAL AUTHORISATION FOR THE CONSTRUCTION
OF A 5400MW COAL-FIRED POWER STATION IN
WITBANK
1. INTRODUCTION
The project in question
involves the construction of a 5400MW coal-fired
power station and associated infrastructure
near Witbank, on approximately 2500ha of
land on the Farm Hartbeesfontein 537 JR
and the Farm Klipfontein 566 JR.
2. BACKGROUND
The development that
is the subject of this appeal entails the
erection of a 5400MW coal-fired power station
and its components and associated infrastructure
listed below:
2.1 Power Station Precinct
Power station buildings;
Administrative buildings (control buildings,
medical, security etc);
High voltage yard.
2.2 Associated Infrastructure
Coal stock yard;
Coal and ash conveyors;
Water supply pipelines (temporary and permanent);
Water and wastewater treatment facilities;
Ash disposal system;
Access roads (including haul roads);
Dams for water storage; and
Railway siding and/or line for sorbent supply.
2.3 The applicant in this project is Eskom
Holdings Ltd, Generation Division (Eskom).
2.4 In terms of the
environmental impact assessment (EIA) regulations
conducted under the Environment Conservation
Act, 1989 (Act 73 of 1989) [ECA]), and which
Act still governs this project, the construction
of a facility of this nature is subject
to EIA and an environmental authorisation.
2.5 The development
was authorised by the Director-General and
a positive record of decision (ROD) was
granted in respect of this development on
5 June 2007. Two appeals, in terms of section
35(3) of the Environment Conservation Act,
1989, were received by my office against
the proposed project.
3. APPEALS
3.1 The appellants
After the ROD in this
matter was issued, my office received two
appeals from Mr J H van der Merwe, a local
landowner and farmer, and from the Kendal
Poultry Farm (Pty) Ltd, represented by its
attorneys, J B Hugo & Cronje, respectively.
3.2 Grounds of appeal
The grounds of appeal
are briefly listed below:
No consultation
According to Mr Van der Merwe, he was not
consulted regarding the project.
Impact of the ash dump
The same appellant referred to in (a) above
submits that the ash dump will be detrimental
to the health of his family and his farm
animals.
Impact on the appellant’s normal way of
life and living on the farm
Mr Van der Merwe avers that the proposed
power station will impact on the normal
way of life of his family on the farm.
Cumulative environmental impact assessment
(EIA) not done
It is the submission of Kendal Poultry that
an assessment was not done with regard to
the cumulative impact of the proposed power
station and the proposed Anglo Coal Mine.
Adverse air impact.
Kendal Poultry alleges that there will be
adverse air impact on its poultry farm,
which will detrimentally affect the health
of its chickens.
Socio-economic impacts
According to Kendal Poultry, there will
be potential negative socio-economic impacts.
The appellant states that its staff component
of 110 persons and their many dependants
are deeply affected and concerned as to
their future jobs and their health, being
in such close proximity to the proposed
power station.
Impacts on water quality
Kendal Poultry submits that there will be
impacts on the quality of the water from
its boreholes, of which a large quantity
is used on the poultry farm for various
purposes.
4. DECISION
4.1 INFORMATION CONSIDERED
In reaching my decision,
I have considered the following information:
The project file in this matter, including
the ROD granted on 5 June 2007;
The appeals lodged against this development,
the response thereto by Eskom’s consultants
and one appellant’s reply thereto; and
The department’s responses to the grounds
of appeal.
4.2 DECISION
4.1 I have, in terms
of section 35(4) of ECA, decided to dismiss
the appeals lodged against the decision
to grant the environmental authorisation
for the construction of the proposed power
station and its associated infrastructure.
The reasons for my decision are set out
below.
4.2 I have further decided
to vary the authorisation issued by the
Department and attach the revised authorisation
hereto as Annexure B. More specifically,
I have added conditions to the following
effect:
The applicant, in consultation
with the relevant appellant must, on a quarterly
basis, monitor the reproductive health of
the poultry on the Appellant’s farm and
if it is conclusively established that there
is a causal connection between the emissions
from the power station and any deterioration
in the health of the chickens, corrective
measures must be implemented by the applicant;
The applicant must establish an ambient
air quality monitoring station to monitor
the ambient air impact of the power station.
The revised ROD has been supplemented accordingly.
4.3 REASONS FOR THE
DECISION
I indicate briefly the
reasons for my decision to authorise this
development. In doing so, I am satisfied
that:
There was sufficient
consultation in this matter and that the
legislative requirements in this regard
have been satisfied;
The need and desirability for the project
has been adequately demonstrated. The proposed
project is part of the applicant’s new capacity
installation programme and is intended to
meet some of the pressing electricity demands
of the country;
The Director-General adequately considered
the major anticipated environmental impacts
of this development before issuing the environmental
authorisation on 5 June 2007;
The potential impacts on human and animal
health from the ash dump can be mitigated
to acceptable levels through the conditions
set by the authorisation and other measures,
but that additional measures must be put
in place to ensure adequate monitoring of
air quality. I have also taken note in my
analysis of the information before me that
the proposed power station will be located
within the newly proclaimed Highveld Priority
Area. It is therefore envisaged that detailed
air quality management interventions will
be made within the area to generally improve
ambient air quality. In addition, I am satisfied
that the technology utilized for this development
conforms to international best practice
standards and will set the standard for
similar developments in this country in
future;
The conditions included in the revised ROD
are deemed adequate to provide for the mitigation
of the identified impacts to acceptable
levels;
The development will result in socio-economic
benefits, not only to the Witbank area,
but to the country as a whole.
By implementing the mitigation measures
contained in this revised ROD, the principles
contained in section 2 of the National Environmental
Management Act, 1998 (Act 107 of 1998, NEMA)
can be substantially complied with.
I however reserve the right to amplify my
reasons for this decision should the need
arise.
MARTHINUS VAN SCHALKWYK,
MP
MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM
RECORD OF DECISION
RECORD OF DECISION FOR
PROJECT REFERENCE 12/12/20/807: CONSTRUCTION
OF THE ESKOM GENERATION PROPOSED 5400MW
COAL-FIRED POWER STATION, WITBANK
By virtue of the power
vested in me in terms of section 35(4) of
the Environment Conservation Act,1989 (Act
73 of 1989) (“the Act”), read with section
22(3) of the Act, I hereby authorise Eskom
Holdings Limited to undertake the activities
specified/ detailed below subject to the
indicated conditions.
1. DESCRIPTION, EXTENT
AND LOCATION OF THE ACTIVITY:
The proposed development
will include the construction of a 5400MW
coal-fired power station and associated
infrastructure near Witbank, on approximately
2500ha of the Farm Hartbeestfontein 537
JR and the Farm Klipfontein 566 JR. Site
X, as indicated on page 2 of the Final Environmental
Impact Report (Ninham Shand Report No. 4284/401281,
dated February 2007), was identified as
the preferred site for the proposed coal-fired
power station. The proposed site falls within
the jurisdiction of Delmas Local Municipality
within the Mpumalanga Province.
The proposed project
will consist of the establishment of the
following components:
Power station precinct:
Power station buildings;
Administrative buildings (control buildings,
medical, security, etc); and
High voltage yard.
Associated infrastructure:
Coal stock yard;
Coal and ash conveyors;
Water supply pipelines (temporary and permanent);
Water and wastewater treatment facilities;
Ash disposal systems;
Access roads (including haul roads);
Dams for water storage; and
Railway siding and / or line for sorbent
supply.
2. CONDITIONS
2.1 Description of the
activity
The authorisation applies
in respect of the following activities as
listed in Schedule 1, regulation R. 1182
and described in Plan of Study for Scoping
dated April 2006:
Item 1: The construction,
erection or upgrading of-
facilities for commercial electricity generation
with an output of at least 10 megawatts
and infrastructure for bulk supply;
with regard to any substance which is dangerous
or hazardous and is controlled by national
legislation-
infrastructure, excluding road and rails,
for the transportation of any such substance;
and
manufacturing, storage, handling, treatment
or processing facilities for any such substance;
roads, railways, airfields and associated
structures;
structures associated with communication
networks, including masts, towers and reflector
dishes’
schemes for the abstraction or utilisation
of ground or surface water for bulk supply
purposes;
sewage treatment plants and associated infrastructure;
Item 2: The change of land use from-
(a) agricultural or zoned undetermined use
or an equivalent zoning to any other land
use.
• Item 8: The disposal
of waste as defined in section 20 of the
Act, excluding domestic waste, but including
the establishment, expansion, upgrading
or closure of facilities for all waste,
ashes and building rubble.
3. SPECIFIC CONDITIONS
3.1 Water quality management
3.1.1 All risk reduction
recommendations made in the Hydrogeological
Assessment, GCS (Pty) Ltd, dated 14 November
2007, must be considered and implemented
during the planning and construction of
the new power station.
3.1.2 The coal stockyard
must be established on top of a suitably
prepared surface to prevent leaching into
the groundwater.
3.1.3 The area where
the ash dump is to be established must be
lined to prevent leaching into the groundwater.
3.1.4 Dams with a higher
groundwater pollution risk must be sited
on appropriate underlying geological strata
or these dams must be lined.
3.1.5 All polluted water
must be recycled until all pollutants are
captured as waste for disposal with the
ash deposition.
3.1.6 Eskom must ensure
that the metering procedure of water supplied
to the proposed power station must measure
to a level of accuracy of 0,5%. Water and
salt balances must be carried out once a
month to verify performance and identify
potential problems.
3.1.7 Leak detections
and inspections, on site and along pipelines
must be implemented.
3.1.8 The cooling water
sludge from the cold lime softening process
must be co-disposed with the ash.
3.1.9 The sludge removed
from raw water storage dams and reservoirs
must be used as fill material for borrow
pits or to cover for waste sites.
3.1.10 The “dirty” water
generated on site and considered for irrigation
must be tested to determine its suitability
in terms of salinity and sodium absorption
ratio (SAR).
3.1.11 Eskom must continuously
monitor the ground water quality and implement
measures to ensure that pollution of the
resource does not occur. The monitoring
programme for ground water quality and measures
to control and prevent pollution of the
ground water resource shall be included
in the operational EMP.
3.1.12 A water use licence
must be applied for in terns of Section
32 (g) of the National Water Act to adequately
deal with the storage of ash from the ash
dump and the disposal of wet waste from
the Flue Gas Desulphurisation process.
3.2. Management of fauna
and flora
3.2.1 A site specific
wetland assessment and a rare and endangered
species survey must be undertaken during
the appropriate season. This must inform
the identification of less sensitive areas,
for the positioning of corridors for pipelines,
roads, railways and coal conveyors. These
corridors should be planned in a way that
avoids or minimises the impacts on wetlands.
3.2.2 All unavoidable
construction within wetland areas must be
done so as to minimise disturbance of the
pedology which would directly affect subterranean
hydrology in wetlands systems.
3.2.3 A revised layout
must be submitted indicating how the proposed
corridors for the pipelines, roads, railways
and coal conveyors have taken the wetlands
into consideration during the planning stage
of the proposed alignment of these routes.
This revised layout must also indicate where
the proposed dams for water storage will
be constructed.
3.3 Visual impact management
3.3.1 The following
design measures must be implemented at the
power station to ensure that visual intrusion
is kept to the minimum:
Treat building facades
and roofs with a muted, mat paint that is
similar to the prevailing colour of the
landscape.
Avoid very light or dark finishings that
will increase colour contrast with the foreground
and background.
Reduce the use of reflective building materials
such as glass to avoid glare and visual
discomfort to viewers.
Screen planting should be introduced along
perimeter roads passing the site, around
the coal stockyard and the ash dump to screen
views of these project components.
Avoid over-illumination of outdoor spaces.
Low pressure sodium lights are regarded
as highly energy efficient and suitable
for security lighting.
3.3.2 The existing vegetation cover of the
site should be retained through selective
clearing. This will ensure that screening
takes place during the construction and
operational phases of the development.
3.3.3 The ash dump’s
final slope configuration should avoid sharp
angles and straight lines. The slope typically
consists of benches and rises. The edges
that will be created as a result of these
changes in slope should be rounded to create
an even light distribution over the edge
and avoid distinct, straight shadow lines.
3.4 Noise impact management
3.4.1 The Gauteng and
the National Noise Control Regulations,
as well as SANS 10103:2004 must be used
as the main guidelines to manage the noise
impact of this project.
3.4.2 Buildings housing
noisy machinery must be insulated in order
to minimise the transmission of noise through
the walls and roof.
3.4.3 Measures to mitigate
noise emanating from the cooling fans must
be investigated by an acoustics engineer.
Proposed mitigation measures, including
the potential to shield the cooling fans
must be included in the operational EMPs
for consideration and approval by the Department.
3.5 Social risk management
3.5.1 A Quantitative
Risk Assessment must be undertaken in terms
of the Major Hazardous Installation (MHI)
Regulations (July 2001) prior to construction.
This risk assessment must be undertaken
once the detailed engineering designs and
layouts have been developed. The findings
of the assessment must be incorporated into
the construction Environmental Management
Plan (EMP).
3.6 Heritage impact
management
3.6.1 All recommendations
made and mitigation measures proposed in
the Heritage Impact Assessment, National
Cultural History Museum, dated October 2006,
must be implemented for the nine culturally
important identified sites on the property.
3.6.2 The South African
Heritage Resource Agency (SAHRA) must be
informed if any of these identified culturally
important sites are going to be impacted
upon by the proposed development.
3.7 Air quality management
3.7.1 Eskom must install,
commission and operate any required SO2
abatement equipment that may be necessary
to ensure compliance with any applicable
emission or ambient air quality standards
published in terms of the National Environmental
Management: Air Quality Act, 2004 (Act No.
39 of 2004).
3.7.2 Particulate abatement
measures such as bag filters or electrostatic
precipitators must be implemented at the
power station to reduce PM10 emissions.
3.7.3 Eskom must initiate
a programme of support for initiatives aimed
at improving air quality in the Witbank
residential area. This programme must be
included in the operational EMP.
3.7.4 The power station
must be operated in compliance with any
related Registration Certificate issued
in terms of the Atmospheric Pollution Prevention
Act, Act 45 of 1965, and any related Atmospheric
Emission License issued in terms of the
National Environment Management: Air Quality
Act, Act 39 of 2004.
3.7.5 Low NOx burners
must be included in the design of the boilers
to reduce the NOx levels.
3.7.6 Eskom must indicate
the technology to be installed to reduce
the emission of mercury into the atmosphere.
The percentage and minimum of by how much
this reduction will take place must be provided
in the construction EMP.
3.7.7 Eskom must install
an ambient air quality monitoring station
to measure the ambient air impact of the
power station. The location of the station
and the pollutants to be monitored will
be determined in consultation with the Department.
3.7.8 End of pipe measures
need to be specific to address the sulphur
dioxide and particulates emissions. These
measures must include the following:
For sulphur dioxide
- FGD unit
For particulates - ESP or bag filters
For carbon dioxide - carbon capture readiness
(the Applicant is required to submit to
DEAT a report detailing the preferred technology,
for approval, before proceeding with construction)
3.8 Traffic impact management
3.8.1 The future proposed
alignment of the K29/1 intersects the proposed
site. This road alignment must be verified
with the Mpumalanga Roads Department before
the commencement of the design of access
roads to the site.
3.8.2 The internal road
network utilised for access to the site
must be resurfaced, upgraded or reconstructed
as required. Special attention must be given
to providing adequate drainage and subsurface
drainage systems on all roads.
3.9 Socio-economic impact
management
3.9.1 Community forums
and communication channels between the local
communities, construction companies / contractors
and Eskom must be established and maintained.
3.9.2 Assistance must
be provided to the inhabitants on site through
skills development and job opportunities.
Information with regards to this must be
included in the environmental compliance
report to be undertaken by the Environmental
Control Officer (ECO)(refer to 3.2.13.4
below).
3.10 Agricultural impact
management
3.10.1 Eskom must provide
the Department with an action plan related
to the surplus land, not occupied by infrastructure
related to the power station which could
be leased to farmers for agricultural production.
This action plan must be included in the
operational EMP.
3.10.2 In order to establish
whether the operation of the power station
has adverse impacts on the health and reproduction
of the chickens of the Kendal Poultry Farm
(hereinafter called Kendal Poultry), situated
on Portions 30, 31, 62, 27 and 28 of the
farm Klipfontein near Witbank, the ECO appointed
in terms of paragraph 3.2.13 below must:
During the construction
period compile baseline information, in
consultation with Kendal Poultry, on chicken
fatality and reproduction rates on a quarterly
basis. This information must indicate the
number of fatalities per 1 000 chickens
and the number of new chickens per 1 000
hens. This baseline information must represent
statistics for a period of at least one
year.
Once the power station has come into operation,
resume and continue this quarterly compilation
of statistics for at least two years. After
expiry of the two year period, Eskom must:
Analyse the pre-operation (baseline) data
and the post-operation data to establish
whether there has been any increase in chicken
fatality or decrease in their reproduction
rate.
Undertake appropriate studies, should there
be evidence of such increases and decreases,
to establish whether there is a causal relation
between the fertility and mortality fluctuations
and the emissions emanating from the power
station. These studies must be undertaken
within six months after completion of the
gathering of the post-operational data.
3.10.3 Should these studies confirm that
such a causal relation exists, Eskom must,
within two months after completion of the
studies referred to in (2)(b) , submit to
the Department for approval:
A management plan to
mitigate the impacts of the losses (if any),
including but not limited to, compensation
for such loss.
3.11 Environmental Monitoring Committee
(EMC)
3.11.1 This development
is authorised on condition that the developer
establishes an EMC with clear terms of reference
as described in 3.2.11.6.
3.11.2 Amongst others
the EMC shall consist of the following members:
A chairperson as described
in 3.2.11.3,
The ecologist that participated in the EIA
process, or any other suitably qualified
and experienced ecologist approved for this
purpose by the Department,
Representatives from the public (at least
two people),
Environmental Control Officer (ECO) (once
appointed in terms of 3.2.13 below),
A senior site manager from the main contractor,
and
An air quality specialist.
3.11.3 The EMC must appoint an independent
chairperson who has appropriate people and
project management skills.
3.11.4 The EMC must
meet on a bi-monthly basis from the inception
of the project.
3.11.5 The EMC must
report to the Director: Environmental Impact
Evaluation of the Department on a bi-monthly
basis and the report must include matters
as described in 3.2.11.6 below.
3.11.6 The purpose of
the EMC is to execute the following:
To monitor and audit
compliance with the conditions of this ROD,
with environmental legislation and with
specific mitigation requirements as stipulated
in the environmental impact report and the
Environmental Management Plans.
To make recommendations to the Director:
Environmental Impact Evaluation on issues
related to the monitoring and auditing of
the project.
To decide on the frequency of meetings,
should a need arise to review the prescribed
frequency. This change should be communicated
to the Department for acceptance.
3.11.7 All costs associated with the EMC
shall be borne by the applicant. The terms
of reference for the EMC must, in addition
to the scope of work as detailed in 3.2.11.6,
clearly define roles and responsibilities
related to logistical arrangements, administration
and financial arrangements associated with
the EMC.
3.11.8 Upon completion
of construction, the roles, responsibilities
and constitution of the EMC shall be reconsidered
and the EMC shall be re-established with
new terms of reference for the operational
phase of the development.
3.12 Environmental Management
Plan (EMP)
3.12.1 Eskom must submit
a site specific construction EMP to the
relevant authorities for acceptance before
commencement of any of the activities related
to this authorisation. The EMP must include,
but shall not be limited to the following
aspects:
Rehabilitation of all
areas disturbed during the construction
phase of the project excluding those areas
where permanent structures are erected.
Siting and management of construction camps,
sanitation, ablution and housing facilities
as well as material storage areas used by
the contractor. All work areas must be supplied
with proper sanitation facilities.
Management and rehabilitation of access
roads to individual construction areas that
will not become permanent roads upon completion
of construction. Any new road constructed
for any purpose not authorised as part of
this ROD, must comply with the relevant
SANS codes and permission for construction
must be obtained from the Department as
required by Schedule 1, item 1 (d) of R.
1182.
Waste avoidance, minimisation and disposal
of waste at an appropriate facility.
Protection of any heritage sites likely
to be impacted on by the development, should
such sites be found during any phase of
the development of the project.
Provisions for harvesting of any medicinal
plants that may occur on site prior to site
clearance.
Protection of indigenous vegetation where
such is not affected by the physical footprint
of the power station, ancillary infrastructure
or associated construction works.
Provision for plant search and rescue of
protected and endangered species which should
be done before commencement of any construction
related activity.
Management of traffic during the construction
phase where the site access roads and other
transportation networks intersect.
Measurement, monitoring and management of
noise and dust pollution levels during the
construction phase.
A fire control management plan for implementation
on site.
Implementation of site specific erosion,
sediment and dust control measures during
the construction phase.
The implementation, as part of the EMP,
of all recommendations and mitigation measures
contained in the final environmental impact
report dated February 2007.
3.12.2 Once accepted by the Department,
the revised construction EMP will be seen
as a dynamic document. However, any changes
to the EMP, must be submitted to the Department
for acceptance before such changes could
be effected. Such a submission for consideration
by the Department must be accompanied by
recommendations of the EMC.
3.12.3 Compliance with
the accepted construction EMP must form
part of all tender documentation for all
contractors working on the project and must
be endorsed contractually.
3.12.4 Eskom must submit
an EMP for the operational phase of the
development to the Department and other
relevant provincial and local authorities
for acceptance prior to the completion of
the construction phase and the inception
of the operational phase of the development.
The revised operational EMP will be seen
as a dynamic document. However, any substantial
changes to the operational EMP, which is
environmentally defendable, must be submitted
to the Department for acceptance before
such changes are effected.
3.13 Environmental Control
Officer (ECO)
3.13.1 The developer
must appoint a suitably qualified Environmental
Control Officer (ECO) who would, on behalf
of the EMC, on a daily basis monitor the
project compliance with conditions of this
ROD, with environmental legislation and
with the recommendations of the EMP. The
cost of the ECO shall be borne by the applicant.
3.13.2 The ECO must
be appointed one month before the start
of construction and the relevant authorities
must be notified of such an appointment
for communication purposes.
3.13.3 The ECO shall
ensure that periodic environmental performance
audits are undertaken on the project implementation.
3.13.4 The ECO shall
submit an environmental compliance report
on a two-monthly basis, in writing, to the
Director: Environmental Impact Evaluation
of the Department, copied to the Mpumalanga
Department of Agriculture and Land Administration.
3.13.5 The ECO shall
maintain the following on site:
A daily site diary
A non-conformance register
A public complaint register
A register of audits
3.13.6 The ECO shall remain employed until
all rehabilitation measures as required,
caused by construction damage, are completed
and the site is handed over to Eskom by
the contractor for operation.
3.13.7 The ECO shall
report to and be accountable to the EMC.
3.14 Monitoring and
auditing
3.14.1 Records relating
to monitoring and auditing must be made
available for inspection to any relevant
authority in respect of this development.
3.14.2 The Department
reserves the right to monitor and audit
the development throughout its full life
cycle to ensure that it complies with the
conditions stipulated in the record of decision
and to ensure implementation of all the
mitigation measures contained in the final
environmental impact report dated February
2007, and of the construction and operational
EMPs.
3.15 Transportation
and handling of hazardous materials.
3.15.1 During the construction
of the power station, an effective monitoring
system must be put in place to ensure safety
and to detect any leakage or spillage of
coolants from all oil containing equipment
during their transportation, handling and
installation.
3.15.2 The transportation
and handling of hazardous substances must
comply with all the provisions of the Hazardous
Substances Act (Act No.15 of 1973) and its
regulations as well as with SABS codes 0228
and 0229.
3.16 Rehabilitation
after construction
3.16.1 No exotic plant
species may be used for rehabilitation purposes.
Only indigenous plants may be used.
3.16.2 Measures aimed
at controlling invasive plant species and
weeds must be implemented and must form
part of the relevant EMP.
3.16.3 No disturbance
of the land on the edge of any stream, river
or wetland is allowed unless such disturbance
complies with relevant legislation and conforms
to strict design parameters.
3.17 Compliance with
other legislation
3.17.1 Archaeological
remains, artificial features and structures
older than 60 years are protected in terms
of the National Heritage Resources Act,
1999 (Act No. 25 of 1999). Should any archaeological
artefacts be exposed during excavation for
the purpose of laying foundations, construction
in the vicinity of the finding must be stopped.
An archaeologist must be called to the site
for inspection. Under no circumstances shall
any artefacts be destroyed or removed from
the site. SAHRA must be contacted to this
effect. Their recommendations should be
included in the construction EMP and be
adhered to.
3.17.2 All provisions
of the Occupational Health and Safety Act,
85 of 1993, and any other applicable legislation
must be adhered to by the holder of this
authorisation.
3.17.3 All provisions
of the National Water Act, Act 36 of 1998,
must be adhered to by the holder of this
authorisation.
3.17.4 All provisions
of the National Environment Management:
Air Quality Act, Act 39 of 2004, must be
adhered to by the holder of this authorisation.
3.17.5 All provisions
of the Atmospheric Pollution Prevention
Act, Act 45 of 1965, must be adhered to
by the holder of this authorisation.
3.17.6 All provisions
of the National Environment Management:
Biodiversity Act, Act 10 of 2004, must be
adhered to by the holder of this authorisation.
3.17.7 Should fill material
be required for any purpose, the use of
borrow pits must comply with the provisions
of the Minerals and Petroleum Resources
Development Act, 28 of 2002 administered
by the Department of Minerals and Energy.
3.17.8 A permit shall
be obtained from the provincial department
of nature conservation for the removal of
indigenous protected and endangered plant
and animal species.
3.18 GENERAL CONDITIONS
3.18.1 This ROD is issued
only in terms of section 22 of the Act and
does not exempt the holder thereof from
compliance with any other legislation.
3.18.2 This ROD only
refers to the activities as specified and
described in the final environmental impact
report dated February 2007. Any other activity
listed under section 24(2) of the National
Environmental Management Act, 1998 (Act
107 of 1998), which is not specified above,
is not covered by this ROD.
3.18.3 This ROD is subject
to the approval of the relevant local authorities
in terms of any legislation administered
by those authorities.
3.18.4 One week’s written
notice must be given to the Department before
commencement of construction activities.
Such notice shall make clear reference to
the site location details and reference
number given above.
3.18.5 One week’s written
notice must be given to the Department before
commencement of operational activities.
Such notice shall make clear reference to
the site location details and reference
number given above.
3.18.6 The applicant
shall be responsible for ensuring compliance
with the conditions contained in this ROD
by any person acting on its behalf, including
but not limited to, an agent, servant, or
employee or any person rendering a service
to the applicant in respect of the activity,
including but not limited to, contractors
and consultants.
3.18.7 The applicant
must notify the Department in writing, within
24 hours, if any condition of this ROD cannot,
or is not, adhered to. The notification
must be supplemented with reasons for such
non-compliance.
3.18.8 A copy of this
ROD shall be available on site during construction
and all staff, contractors and sub-contractors
shall be familiar with or be made aware
of the contents thereof.
3.18.9 Compliance/non-compliance
records must be kept and shall be made available
on request from the authorities within five
days of receipt of the request.
3.18.10 Any changes
to, or deviations from, the project description
set out in this ROD must be approved, in
writing, by the Department before such changes
or deviations may be effected. In assessing
whether to grant such approval or not, the
Department may request such information
as it deems necessary to evaluate the significance
and impacts of such changes or deviations.
3.18.11 This Department
may review the conditions contained in this
ROD from time to time and may, by notice
in writing to the applicant, amend, add
or remove a condition.
3.18.12 In the event
of impacts exceeding the significance predicted
by the independent consultant in the final
environmental impact report dated February
2007, this authorisation may be withdrawn
after proper procedures have been followed.
3.18.13 In the event
of any dispute concerning the significance
of a particular impact, the opinion of the
Department will prevail.
3.18.14 The applicant
must notify the Department, in writing,
at least ten days prior to the change of
ownership, project developer or the alienation
of any similar rights for the activity described
in this ROD. The applicant must furnish
a copy of this document to the new owner,
developer or person to whom the rights accrue
and inform the new owner, developer or person
to whom the rights accrue that the conditions
contained herein are binding on them.
3.18.15 Where any of
the applicant’s contact details change,
including the name of the responsible person,
the physical or postal address and/or telephonic
details, the applicant must notify the Department
as soon as possible.
3.18.16 National, provincial
or local government institutions or committees
appointed in terms of the conditions of
this authorisation or any other public authority
shall not be held responsible for any damages
or losses suffered by the applicant or his
successor in title in any instance where
construction or operation subsequent to
construction is temporarily or permanently
stopped for reasons of non-compliance by
the applicant with the conditions of approval
as set out in this document or any other
subsequent document emanating from these
conditions of approval.
3.18.17 If any condition
imposed in terms of this authorisation is
not complied with, the authorisation may
be withdrawn after 30 days written notice
to the applicant in terms of section 22(4)
of the Act.
3.18.18 Failure to comply
with any of these conditions shall also
be regarded as an offence and may be dealt
with in terms of sections 29, 30 and 31
of the Act, as well as in terms of any other
appropriate legislation.
3.18.19 The applicant
shall be responsible for all costs necessary
to comply with the above conditions unless
otherwise specified.
3.18.20 Any complaint
from the public during construction must
be attended to as soon as possible to the
Satisfaction of the parties concerned. A
complaints register must be kept up to date
and shall be produced upon request.
3.18.21 Departmental
officials shall be allowed access at all
reasonable times to the properties earmarked
for construction activities for the purpose
of assessing and/or monitoring compliance
with the conditions contained in this document.
3.18.22 All outdoor
advertising associated with this activity,
whether on or off the property concerned,
must comply with the South African Manual
for Outdoor Advertising Control (SAMOAC),
which is available from the Department.
4 DURATION OF AUTHORISATION
If the activity authorised
by this letter does not commence within
four years from the date of signature of
this ROD, the authorisation will lapse and
the applicant will need to reapply for exemption
or authorisation in terms of the above legislation
or any amendments thereto or any subsequent
new legislation.
5. CONSEQUENCES OF NON-COMPLIANCE
The applicant must comply
with the conditions set out in this ROD.
Failure to comply with any of the above
conditions may result in, inter alia, the
withdrawal of the authorisation, the issuing
of directives to address the non-compliance
- including an order to cease the activity
- as well as the institution of criminal
and/or civil proceedings to enforce compliance.
MARTHINUS VAN SCHALKWYK
MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM
Riaan Aucamp (Minister's Spokesperson)
