PRE-CONSTRUCTION ENVIRONMENTAL AUDIT REPORT for DYASONSKLIP SOLAR ENERGY FACILITY 1 on Remainder of the Farm Dyasonsklip 454. In terms of the National Environmental Management Act (Act No. 107 of 1998, as amended) & 2014 Environmental Impact Regulations Prepared for Applicant: Dyasonsklip Solar Energy Facility 1 (Pty) Ltd Date: 3 December 2019 Author of Report: Dale Holder Author Email: [email protected]Report Reference: NAT615/01 Department Reference: 14/12/16/3/3/2/705
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PRE-CONSTRUCTION ENVIRONMENTAL AUDIT REPORT DK SEF 1/NAT615.01 Audit... · Dyasonsklip Solar Energy Facility 1 NAT615/01 Cape EAPrac i Environmental Audit Report PRE-CONSTRUCTION
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Figure 22: Excerpt from EA notification, showing date of EA was included in the letter. ............................. 32
Figure 23: Excerpt from EA notification showing that the appeal procedure was included in the letter. .... 32
Figure 24: EA Notification Emails showing that full copy of the EA was attached with the notification. ...... 33
Figure 25: Excerpt from the EA advert showing that copies of the EA were available upon request. ......... 33
Figure 26: Excerpt from EA advert showing appeal procedure................................................................... 33
Figure 27: Excerpt from final EIR showing that the shapefile of the development layout was submitted to
the competent authority. ................................................................................................................................ 33
TABLES
Table 1: Content of an Environmental Audit .................................................................................................. iv
Table 2: Component sizes of the proposed Dyasonsklip Solar Energy Facility 1. ......................................... 1
Table 3: Compliance Audit of EA issued 05 September 2015 ........................................................................ 4
Table 4: Supplementary evidence of compliance ........................................................................................ 32
Dyasonsklip Solar Energy Facility 1 NAT615/01
Cape EAPrac iv Environmental Audit Report
CONTENT OF AN ENVIRONMENTAL AUDIT REPORT
This audit report is submitted in terms of Regulation 54A(3)
Appendix 7 of Regulation 982 of the 2014 EIA Regulations contains the required contents of an
Environmental Audit Report. The checklist below serves as a summary of how these requirements were
incorporated into this Audit Report.
Table 1: Content of an Environmental Audit
Requirement Description
(1) An Environmental audit report prepared in terms of these Regulations must contain -
Details of – The independent person who prepared the environmental audit report; and The expertise of independent person that compiled the environmental audit report.
The report has been prepared by Dale Holder of Cape Environmental Assessment Practitioners (Cape EAPrac). Mr Holder has a ND Nature Conservation and has 15 years’ experience as an environmental practitioner. The Auditors CV and Company Profile is included as Appendix F of this report.
A declaration that the independent auditor is independent in a form as may be specified by the competent authority.
See Appendix F for Auditors declaration
An indication of the scope of, and the purpose for which, the environmental audit report was prepared.
See Section 1
A description of the methodology adopted in preparing the environmental audit report.
The report is based on evaluation of the activities taken place to date in relation to the review of the Environmental Authorisation (EA) and Environmental Management Programme (EMPr).
An indication of the ability of the EMPr, and where applicable the closure plan to –
- Sufficiently provide for the avoidance, management and mitigation of environmental impacts associated with the undertaking of the activity on an on-going basis;
- Sufficiently provide for the avoidance, management and mitigation of environmental impacts associated with the closure of the facility; and
- Ensure compliance with the provisions of environmental authorisation, EMPr, and where applicable, the closure plan.
In this instance, the EMPr for this particular project is not yet approved. As such, this audit does not include an evaluation of compliance and ability of the EMPr to manage impacts.
A description of any assumptions made, and any uncertainties or gaps in knowledge.
Refer to Section 3
A description of any consultation process that was undertaken during the course of carrying out the environmental audit report.
Consultation was undertaken with the Holder of the EA in order to obtain supporting evidence of compliance. Registered I&AP’s are to be notified that an Audit Report has been submitted to the competent authority.
A summary and copies of any comments that were received during any consultation process.
Not Applicable
Any other information requested by the competent authority. Not Applicable.
Dyasonsklip Solar Energy Facility 1 NAT615/01
Cape EAPrac 1 Environmental Audit Report
1 INTRODUCTION
Cape Environmental Assessment Practitioners (Cape EAPrac) has been appointed by Dyasonsklip
Solar Energy Facility 1 (Pty) Ltd, as the independent Auditor to compile an Environmental Audit Report
in compliance with Regulation 54A(3).
The EA was issued after a Scoping and Environmental Impact Assessment Process was followed for
the construction of a solar PV energy facility on the Remainder of the Farm Dyasonsklip 454. No
amendments of the EA have taken place to date.
It must be noted that the authorised project has not commenced with construction. As such, this Audit
specifically addresses compliance aspects related to the pre-construction phase of the development.
Furthermore, the EMPr for this project has not yet been approved. This Audit therefore audits
compliance with the Pre-construction requirements of the EA and FEIR only.
1.1 BACKGROUND TO THE SITE AND AUTHORISED PROJECT.
The property, remainder of the farm Dyasonsklip 454, is located in the ZF Mgcawu district of the Northern
Cape Province, within the jurisdiction area of the Kai !Garib Local Municipality. The property is
approximately 5725ha is size and is located approximately 22km west southwest of Upington and 15km
northeast of Keimoes.
The topography is generally flat and has low relief form. The slope gradient is between 0 and 2% with a
The final site layout map referred to in condition 12 of the EA
has not yet been developed. Only at the stage when this
layout plan is developed will one be able to audit whether
there are any changes or deviations to the project
description. At the time of this audit, the holder of the EA is
deemed to be compliant with this condition, as no physical
activities have taken place in furtherance of the authorisation.
Please refer to the Affidavit from the Holder of the EA
attached as Appendix B as proof that construction has not
commenced nor have any physical actions in furtherance of
the authorised activities taken place on site.
None currently. Future actions would be to ensure that the final layout map submitted in compliance with condition 12 of the EA is fully aligned with the project description in the EA.
6
This activity must commence within a
period of five (05) years from the date of
issue of this authorisation. If
commencement of the activity does not
occur within that period, the authorisation
lapses and a new application for
environmental authorisation must be made
in order for the activity to be undertaken
✓
The activity was authorised 03 September 2015 and is valid
for 5 years from this date. The EA is thus currently valid and
remains in force until 03 September 2020.
None
7
Commencement with one activity listed in
terms of this authorisation constitutes
commencement of all authorised activities.
✓
The holder of the EA has not yet commenced with any
physical activities in furtherance of the authorised activities.
The EA is still in force and as such the holder of the EA is
currently compliant with this condition. Please refer to the
Affidavit from the Holder of the EA attached as Appendix B
as proof that construction has not commenced nor have any
physical actions in furtherance of the authorised activities
The holder of the environmental authorisation must notify the competent authority of any alienation, transfer and change of ownership rights in the property on which the activity is to take place.
✓ Please refer to Appendix B confirming that there has been no alienation, transfer nor change of ownership rights in the property on which the activity is to take place.
None
9
The holder of the authorisation must notify every registered interested and affected party, in writing and within 12 (twelve) calendar days of the date of this environmental authorisation, of the decision to authorise the activity.
✓
All I&APs were notified of the EA on 11 September 2015. This is within the 12 day period required by this condition, as the EA was granted on 03 September 2019. Please refer to Appendix C for proof of notification to I&APs.
None
10 The notification referred to must-
10.1. specify the date on which the authorisation was issued;
✓ The EA notification letter of 11 September 2015, included the date of the EA. Please refer to Figure 1.
None
10.2. inform the interested and affected party of the appeal procedure provided for in chapter 7 of the Environmental Impact Assessment Regulations, 2010;
✓ The appeal procedure was detailed in the notification letter of 11 September 2015. Please refer to Figure 2
None
10.3. advise the interested and affected party that a copy of the authorisation will be furnished on request;
✓ The EA notification of 11 September 2015 included a copy of the Environmental Authorisation. Please refer to Figure 3
None
10.4 give the reasons of the competent authority for the decision.
✓ The EA notification of 11 September 2015 included a copy of the Environmental Authorisation which includes the reasons for decision. Please refer to Figure 3
None
11
The holder of the authorisation must publish a notice;
11.1. informing interested and affected
parties of the decision; ✓
This Advertisement was published in “die gemsbok” regional
newspaper on 18 September 2015. A copy of this advert is
✓ The EA advert contained details of where the EA was
available upon request. Please see Figure 4 None
11.3 drawing the attention of interested and affected parties to the fact that an appeal may be lodged against this decision in the newspaper(s) contemplated and used in terms of regulation 54(2)(c) and (d) and which newspaper was used for the placing of advertisement as part of the participation process.
✓ The EA advert contained details of the appeal procedure. Please refer to Figure 5.
None
12
A copy of the final development layout map must be made available for comments by registered Interested and Affected Parties and the holder of this
environmental authorisation must consider such comments. Once amended, the final development layout map must be submitted to the Department
for written approval prior to commencement of the activity. All available information must be used in the finalisation of the layout map. Existing
infrastructure must be used as far as possible e.g. roads. The layout map must include the following:
12.1. Position of solar facilities and its associated infrastructure;
The final site layout development layout map has not yet been developed as of yet. Please refer to the Affidavit from the holder of the EA attached in Appendix B for confirmation that this will only take place after the detailed design of the facility is complete.
None
12.2. All sensitive features e.g. heritage sites, wetlands, pans, and drainage channels that will be affected by the facility and its associated infrastructure;
The final site layout development layout map has not yet been developed as of yet. Please refer to the Affidavit from the holder of the EA attached in Appendix B for confirmation that this will only take place after the detailed design of the facility is complete.
None
12.3 All existing infrastructure on the site, e.g. roads, building, substations, powerlines etc; and;
The final site layout development layout map has not yet been developed as of yet. Please refer to the Affidavit from the holder of the EA attached in Appendix B for confirmation that this will only take place after the detailed design of the facility is complete.
None
12.4. All “no-go” and buffer areas. The final site layout development layout map has not yet been developed as of yet. Please refer to the Affidavit from the holder of the EA attached in Appendix B for confirmation
commencement of construction. Please refer to the Affidavit
in Appendix B, confirming that no construction has
commenced on site.
It must be noted that a plant rescue and protection plan did
form part of the Final EIR (Appendix F1). This plan would
need to be re-included in the amended EMPr once it is
compiled.
15.5. A re-vegetation and habitat
rehabilitation plan to be implemented
during construction and operation of the
facility. Restoration must be undertaken as
soon as possible after completion of
construction activities to reduce the
amount of habitat converted at any one
time and speed up the recovery to natural
habitats.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site. It must be noted that a revegetation and rehabilitation plan did form part of the Final EIR (Appendix F2). This plan would need to be re-included in the amended EMPr once it is compiled.
None currently. This
condition will however have
to be complied with prior to
construction.
15.6. A storm water and wash water
management plan to be implemented
during the construction and operation of
the facility. The plan must ensure
compliance with applicable regulations
and prevent off-site migration of
contaminated storm water or increased
soil erosion. The plan must include the
construction of design measures that allow
surface and subsurface flows. Drainage
measures must promote the dissipation of
storm water run-off.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site. It must be noted that stormwater and wash-water management plan did form part of the Final EIR (Appendix D7). This plan would need to be re-included in the amended EMPr once it is compiled.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site.
None currently. This
condition will however have
to be complied with prior to
construction.
15.8. An effective monitoring system to detect any leakage or spillage of any hazardous substances during their transportation, handling, use, or storage. This must include precautionary measures to limit the possibility of oil and other toxic liquids from entering the soil or storm water systems.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site.
None currently. This condition will however have to be complied with prior to construction.
15.9 Measures to protect hydrological features such as streams, rivers, pans, wetlands, dams, and their catchments, and other environmental sensitive areas from construction impacts including the direct or indirect spillage of pollutants.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site.
None currently. This condition will however have to be complied with prior to construction.
15.10. A fire management plan to be implemented during the construction and operation of the facility.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site.
None currently. This condition will however have to be complied with prior to construction.
15.11. An environmental sensitivity map indicating environmentally sensitive areas and features identified during the EIA process.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the
None currently. This condition will however have to be complied with prior to construction.
Affidavit in Appendix B, confirming that no construction has commenced on site.
15.12. The final site layout map.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site.
None currently. This condition will however have to be complied with prior to construction.
15.13. The final layout map superimposed (overlain) on the environmental sensitivity map. This map must reflect the approved location of the PV as stated in the EIAr and this environmental authorisation.
The amended EMPr and associated plans have not yet been prepared. The finalisation of this document is subject to the Site Layout plan in condition 12. At this point in time the holder of the EA is deemed compliant, as this revised EMPr only needs to be submitted for approval prior to commencement of construction. Please refer to the Affidavit in Appendix B, confirming that no construction has commenced on site.
None currently. This condition will however have to be complied with prior to construction.
16
The final amended EMPr (once approved)
must be implemented and strictly enforced
during all phases of the project. It must be
seen as a dynamic document and must be
included in all contract documentation for
all phases of the development when
approved.
The final EMPr has not yet been approved and as such, compliance with this condition is not yet applicable.
None currently. This condition will however have to be complied with prior to construction.
17
Should the holder of this environmental
authorisation propose any changes to the
EMPr, the holder of this environmental
authorisation must undertake the required
actions as prescribed by legislation at this
time and comply with all relevant legal
requirements administered by any relevant
and competent authority at that time.
The holder of the EA has not proposed any changes to the EMPr.
Please refer to the Affidavit in Appendix B confirming that
construction has not yet commenced.
23
The ECO must remain employed until all
rehabilitation measures, as required for
implementation due to construction
damage, are completed and the site is
ready for operation.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that
construction has not yet commenced.
None currently. This
condition will however have
to be complied with prior to
construction.
24
Records relating to monitoring and
auditing must be kept on site and made
available for inspection to the competent
authority in respect of this development.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that
construction has not yet commenced.
None currently. This
condition will however have
to be complied with prior to
construction.
25
The duties of the ECO must include the following:
✓
25.1 Keeping record of all activities on site, problems identified, transgressions noted and a schedule of tasks undertaken by the ECO.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None currently. This condition will however have to be complied with during construction.
25.2. Keeping and maintaining a detailed incident ( including spillage of bitumen, fuels, chemicals, or any other material) and complaint register on site indicating how these issues were addressed, what rehabilitation measures were taken and what preventative measures were implemented to avoid re-occurrence of incidents/complaints.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None currently. This condition will however have to be complied with during construction.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None currently. This condition will however have to be complied with during construction.
25.4. Keeping copies of all reports submitted to the department.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None currently. This condition will however have to be complied with during construction.
25.5. Keeping and maintaining a schedule of current site activities including the monitoring of such activities.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None currently. This condition will however have to be complied with during construction.
25.6. Obtaining and keeping record of all documentation, permits, licences and authorisations such as waste disposal certificates, hazardous waste landfill site licences etc. required by this facility.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None currently. This condition will however have to be complied with during construction.
25.7. Compiling a monthly monitoring report.
The holder of the EA has not yet appointed an ECO.
Compliance with this condition need only take place prior to
construction.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None currently. This condition will however have to be complied with during construction.
26
The holder of this environmental
authorisation must keep all records
relating to monitoring and auditing on site
and make them available for inspection to
As the construction of this facility has not yet taken place, no
monitoring has taken place per date. Please refer to the
Affidavit in Appendix B for confirmation that construction has
This Audit report, constitutes the first audit in respect of this
EA. A copy of this Audit will thus have to be kept on site and
made available for inspection.
Prior to commencement of construction, there will be no
facilities on site where copies of this Audit can be kept (the
site is vacant). While we assume the intent of this condition
is applicable to the construction and operational phases, the
wording is not clear in this respect.
condition would be
applicable.
27
All documentation e.g. audit/monitoring/compliance reports and notifications, required to be submitted to the Department in terms of this environmental authorisation, must be submitted to the Director: Compliance Monitoring at this Department.
✓
This audit report constitutes the first auditing/monitoring/compliance report and is herewith submitted to the Director: Compliance Monitoring.
None
28.
The holder of his environmental authorisation must submit an environmental audit report to the Department within 30 days of completion of the construction phase (i.e. within 30 days of site handover) and within 30 days of completion of rehabilitation activities.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the affidavit in Appendix B confirming that construction has not yet commenced.
None
29
The environmental audit report must:
29.1 Be compiled by an independent auditor
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
29.2. indicate the date of the audit, the name of the auditor and outcome of the audit;
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
29.3. Evaluate compliance with the requirements of the approved EMPr and this environmental authorisation.
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
29.4. Include measures to be implemented to attend to any non-compliances or degradation noted;
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
29.5. Include copies of any approvals granted by other authorities relevant to the development for the reporting period;
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
29.6. Highlight any outstanding environmental issues that must be addressed, along with recommendations for ensuring these are addressed;
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
29.7 Include a copy of this environmental authorisation and the approved EMPr.
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
29.8. Include all documentation such as waste disposal certificates, hazardous waste landfill site licences etc. pertaining to this environmental authorisation; and
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
29.9. Include evidence of adherence to the conditions of this environmental authorisation and the approved EMPr where relevant such as training records and attendance records.
This condition refers to the audit report referred to in condition 28 above (i.e. post construction) The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
The authorisation activity must not commence within twenty (20) days of the date of signature of the environmental authorisation
✓
The EA was issued on 03 September 2015 and construction has not yet commenced (more than 4 years later). Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
31
A written notification of commencement must be given to the Department no later than fourteen (14) days prior to the commencement of the activity. Commencement for the purposes of this condition includes site preparation. The notice must include a date on which it is anticipated that the activity will commence. This notification period may coincide with the Notice of Intent to Appeal period.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, prior to construction. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
32
A written notification of operation must be given to the Department no later than fourteen (14) days prior to the commencement of the activity operational phase.
The construction phase of this development (ad as a result, the operational phase) has not yet commenced. As such, this condition will only become applicable at a later stage, prior to operation of the facility. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
33.
Should the activity ever cease or become redundant, the holder of this environmental authorisation must undertake the required actions as prescribed by legislation at the time and comply with all relevant legal requirements administered by any relevant and competent authority at that time.
The activity has not yet physically commenced. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced. Consideration and compliance with this condition is only applicable after the lifespan of the project once completed (i.e. after the lapsing of the power purchase agreement).
None
34
The footprint must be limited to the areas required for actual construction works and operational activities. Vegetation clearing must be limited to the required footprint.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
35
Areas outside of the development footprint, including sensitive areas and buffer areas, must be clearly demarcated (using fencing and signage) before construction commences and must be regarded as “no-go” areas. Contractors and constructions workers must be clearly informed of the no-go areas.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
36
The holder of this environmental authorisation must train safety representatives, managers and workers on workplace safety. The construction process must be compliant with all safety and health measures as prescribed by the relevant act.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
37
Before clearing of the site, permits must be obtained from the Department of Agriculture, Forestry and Fisheries (DAFF) for the removal of plants listed in the National Forest Act and from the relevant provincial department for the destruction of species protected in terms of the specific provincial legislation. No construction activities can commence without having obtained the necessary permits for threatened or protected species (ToPS) listed and provincially protected species within the study area. Copies of the permits must be kept by the ECO.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, prior to the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
38
All areas of disturbed soil must be reclaimed using only indigenous grass and shrubs. Reclamation activities must be undertaken according to the
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity.
rehabilitation plan to be included in the final EMPr.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
39 Topsoil from all excavations and construction activities must be salvaged and reapplied during reclamation.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
40
Watercourse outside the approved footprint/layout must be treated as “no-go” arears and demarcated as such. No vehicles, machinery, personnel, construction material, fuel, oil, bitumen or waste must be allowed into these areas without the express permission of and supervision by the ECO, except for rehabilitation work in these areas.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
41
Underground cables and internal access roads must be aligned as much as possible along existing infrastructure to limit damage to vegetation and watercourse.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
42 Anti-erosion measures such as silt fences must be installed in disturbed areas.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
43
Cleared alien vegetation must be temporarily stored in a demarcated area. Once clearing is completed, they must be moved to a licenced waste disposal.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
44
Signs must be placed along construction roads to identify speed limits, travel restrictions, and other standard traffic control information.
The construction phase of this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
45 Roads must be designed such that, changes to surface water runoff are avoided and erosion is not initiated.
The construction phase of this development has not yet commenced. Detailed design of roads will only take place once the project is selected as a preferred bidder in terms of the REIPPPP. As such, this condition will only become applicable at a later stage, prior to the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
46
Should abnormal loads have to be transported by roads to site, a permit must be obtained from the relevant Provincial and National Transport Authority.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
47
Leakage of fuel must be avoided at all times and if spillage occurs, it must be remedied immediately. Spill kits must be made available on site for the clean-up of spills.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
48
No dumping or temporary storage of any materials may take place outside designated and demarcated laydown areas, and these must be all located
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
49 Hazardous substances must be stored in a bunded and designated area to avoid accidental leakage into the environment.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
50
An integrated waste management approach must be implemented that is based on waste minimisation. Where waste is disposed of, such disposal must only occur at a landfill licenced in terms of the National Environmental Management Act, 2008 (Act 59 of 2008).
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
51
The holder of this environmental authorisation must take not that no temporary site camps will be allowed outside the footprint of the development area as the establishment of such structures might trigger a listed activity as defined in the Environmental Impact Assessment Regulations, 2010.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
52
Foundations and trenches must be backfilled with originally excavated material as much as possible. Excess excavation materials must be disposed of only in approved areas or, if suitable, stockpiled for use in reclamation activities.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
53 Borrow material must be obtained only from authorised and permitted sites. Permits must be kept on site by the ECO.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity.
Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
54
Dust suppression techniques must be implemented on all exposed surfaces during the construction phase. Such measures may include wet suppression, chemical stabilisation, the use of a wind fence, covering surfaces with straw chippings and re-vegetation of open areas.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
55
The holder of this environmental authorisation must reduce visual impacts during construction by minimising areas of surface disturbance, controlling erosion, using dust suppression techniques and restoring exposed soil as closely as possible to their original contour and vegetation.
The construction phase and thus land clearing for this development has not yet commenced. As such, this condition will only become applicable at a later stage, during the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
56
Any vegetation clearing that needs to take place as part of maintenance activities (during the operational phase of the approved development), must be done in accordance to the approved EMPr.
The construction phase of this development has not yet commenced. The maintenance activities referred to in this condition will only take place after construction. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
57
Monitoring for erosion must take place to ensure that no erosion problems are occurring at the site as a result of the roads and other infrastructure. All erosion problems observed must be rectified as soon as possible as outlined in the erosion management plan within the EMPr.
The construction phase of this development (including roads and infrastructure referred to in this condition) has not yet commenced. The monitoring and rectification activities referred to in this condition will only take place during construction of the roads and other infrastructure. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
Kerbs and storm water channels must be designed in such a way that they can allow small animals and reptiles to move freely.
Detailed design of roads (inclusive of kerbs and stormwater channels) will only take place once the project is selected as a preferred bidder in terms of the REIPPPP. As such, this condition will only become applicable at a later stage, prior to the construction phase of the activity. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
59
The holder of this environmental authorisation must comply with the Conservation of Agricultural Resources Act, 1993 (Act No. 43 of 1983) articles 7.1 and (3) b of regulation 9238.
The applicability of this condition (particularly in relation to Article 3b) to the applicant is not clear. Article 7.1 of CARA states: Subject to the provisions of the Water Act, 1956 (Act 54 of 1956), and subregulation (2) of this regulation, no land user shall utilise the vegetation in a vlei, marsh or water sponge or within the flood area of a water course or within 10 metres horizontally outside such flood area in a manner that causes or may cause the deterioration of or damage to the natural agricultural resources. The land user in this instance is deemed to be the Holder of the EA, in which case this requirement only becomes applicable during the construction phase when “utilisation” of land takes place. Article (3)b states: (3) Except on authority of a written permission by the executive officer, no land user shall- (b) cultivate any land on his farm unit within the flood area of a water course or within 10 metres horizontally outside the flood area of a water course. This article is specifically applicable to cultivation. Cultivation activities are not proposed as part of this application.
The competent authority should provide clarification on the applicability of Article (3) b of regulation 9238 to this project.
Top soil and subsoil must be stock piled separately and replaced according to the correct profile. i.e. topsoil replaced last. Stockpiles must not be situated such that they obstruct natural water pathways and drainage.
The construction phase of this development (which would include excavations generating topsoils and subsoils) has not yet commenced. The separation and stockpiling activities referred to in this condition will only take place during the construction phase of the development. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
61
Top soil stockpile must not exceed 2m in height, stockpiles older than 6 months must be enriched before they can be used to ensure the effectiveness of topsoil.
The construction phase of this development (which would include excavations generating topsoils and subsoils) has not yet commenced. T The separation and stockpiling activities referred to in this condition will only take place during the construction phase of the development. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
62 Any fauna directly threatened by the construction activities must be removed to a safe location by a qualified person.
The construction phase of this development has not yet commenced. Faunal relocation activities will only take place during the construction phase of the development. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
63
The washing of panels during maintenance must be done with biodegradable soaps to avoid soil contamination and poisoning of small animals.
Maintenance activities, including the washing of panels, will only take place after construction is completed. The construction phase of this development has not yet commenced. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
Lighting for both the construction period and through the operation of the facility must be of low pressure sodium type, preferable yellow. All perimeter and security lighting must be attached to motion detectors, and must be dark-sky friendly.
The construction (and operational) phase of this development has not yet commenced. Such condition is only applicable to the detailed designs that will take place prior to construction (and only implemented during construction and operation) Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
65
Electric fencing must not have any strands within 30cm of the ground, which must be sufficient to allow smaller mammals, reptiles and tortoises to pass through ( tortoises retreat into their shells when electrocuted and eventually succumb from repeated shocks), but still remain effective as security barrier.
The construction phase of this development has not yet commenced. As a result, no fencing has been installed on site. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
66
All new power lines must be marked with bird flight diverters along their entire length. To create a net benefit, where possible, the new lines must run parallel to existing marked lines so as to reduce the collision risk posed by the older lines. The poles must be fitted with bird perches on top of the poles to draw birds, particularly vultures away from the potential risk insulators. All pylons to be constructed must make use of “bird friendly” structures, fitted with a bird perch, as per Eskom standard guidelines.
The construction phase of this development has not yet commenced. As a result, no powerlines have been constructed on site. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
None
68
The recommendations of the EAP in the EIAr dated March 2015 and specialist studies attached must be adhered to. In the event of any conflict mitigation measures and conditions of the Environmental Authorisation, the specific
The EAP made the following recommendations in the Final EIR (these included recommendations made by the participating specialists in their respective studies):
- If any human remains are uncovered during construction, the ECO should have the area fenced off and contact SAHRA (Tel: 021 462 4502) immediately
condition of this Environmental Authorisation will take preference.
- If there are any significant changes to the layout of the facility, the new design should be assessed by a heritage practitioner
- Should any substantial fossil remains (e.g. mammalian bones and teeth) be encountered during excavation, however, these should be safeguarded, preferably in situ, and reported by the ECO to SAHRA, i.e. The South African Heritage Resources Authority, as soon as possible (Contact details: Mrs Colette Scheermeyer, P.O. Box 4637, Cape Town 8000. Tel: 021 462 4502 (Email: [email protected]), so that appropriate action can be taken by a professional palaeontologist, at the developer’s expense. Mitigation would normally involve the scientific recording and judicious sampling or collection of fossil material as well as associated geological data (e.g. stratigraphy, sedimentology, taphonomy) by a professional palaeontologist.
- The development footprint should be kept to a minimum and natural vegetation should be encouraged to return to disturbed areas.
- Avoid impact to potential corridors such as the riparian corridor associated with the Helbrandkloofspruit river as well as the smaller drainage lines within the facility itself.
- The facility should be fenced off in a manner which allows fauna to pass by the facility within the property in a direction to and from the Orange River. In practical terms this means that the facility should be fenced-off to include only the developed areas and should include as little undeveloped ground or natural veld as possible.
- All solar panels and associated infrastructure (including perimeter fencing) must not encroach within 32m from any very-high or medium-high sensitivity areas as identified by the ecological specialist.
- Internal access tracks and cabling between the eastern and western development node, may only cross the drainage channel at a single point near the boundary. i.e. Multiple crossings of the drainage line are not allowed.
- The drainage line must be fenced outside of the development footprint in order to allow for effective faunal movement.
All these conditions referred to in the Final EIR relate to construction and operational activities. Since construction activities associated with this facility have not yet commenced, this condition will only become applicable at a later stage. Please refer to the Affidavit in Appendix B confirming that construction has not yet commenced.
69
In terms of section 43(7), an appeal under Section 43 of the National Environmental Management Act, 1998 will suspend the environmental authorisation or any provision or condition attached thereto. In the instance where an appeal is lodged you may not commence with the activity until such time that the appeal has been finalised.
✓
No appeal was lodged against the EA for this facility. On the 10th of November, 2015 the Deputy Director of Appeals and Legal Review at the Department of Environmental Affairs provided written confirmation that no appeals were lodged against the EA. Please refer to Appendix D for a copy of the written confirmation that no appeals were lodged in respect of the EA.
None
70
A copy of this environmental authorisation and approved EMPr must be kept at the property where the activity will be undertaken. The environmental authorisation and approved EMPr must be produced to any authorised official of the Department who requests to see it
The Final EMPr has not yet been approved (as discussed above); compliance with this condition in respect of the EMPr will only be applicable once the Final EMPr is approved in terms of condition 14. The temporal applicability of this condition relating to the EA needing to be on site is unclear. It is a reasonable
It is recommended that the competent authority provide clarity / confirmation of the project phases where this condition would be applicable.
and must be made available for inspection by any employee or agent of the holder of the environmental authorisation who undertakes work at the property.
assumption that this need only occur once construction commences, however the wording of this condition does not make this explicit. Prior to commencement of construction, there will be no facilities on site where copies of the EA can be kept (the site is vacant).
71
National government, provincial government, local authorities or committees appointed in terms of the conditions of this environmental or any other public authority shall not be held responsible for any damages or losses suffered by the holder of the environmental authorisation or his/her successor in title in any instance where construction or operation subsequent to construction be temporarily or permanently stopped for reasons of non-compliance by the holder of the environmental authorisation with the conditions of environmental authorisation as set out in this document or any other subsequent document emanating from these conditions of environmental authorisation.
This condition is a Departmental right and cannot be audited.
None
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Cape EAPrac 32 Environmental Audit Report
5. INCONSISTENCIES BETWEEN EA AND EMPR
No specific inconsistencies between the EA and EMPr were noted. There are however several
conditions in the EA and actions in the EMPr that are not auditable or completed. Please refer to the
items in blue in the tables above for further details in this regard.
6. DISCUSSION OF AUDIT FINDINGS
This section elaborates on the findings of the primary compliance findings detailed in section 4 above.
As clearly shown in this section, no incidents of non or partial compliance highlighted in this audit.
The overall compliance count for all conditions of the EA (including sub-conditions are as follows);
- 18 conditions (incl sub-conditions) are fully compliant.
- 83 conditions (incl sub-conditions) are not applicable to the current stage of the development
(i.e. the pre-construction phase).
- 7 conditions (incl sub-conditions) are not auditable.
The audit did however find that three of the EA conditions (Conditions 26, 59 and 70) are not clear as
to which stage of the project they are applicable to. In these instances, it is reasonably deduced that
they refer to the construction phase, the wording and placement of the conditions however do not define
which stage they are applicable to. It is therefore recommended that the competent authority issue a
letter of clarity confirming that these conditions are applicable to the construction and operational phase
of the development.
7. ENVIRONMENTAL IMPACTS OF NON-COMPLIANCE
No incidents of non-compliance with the requirements of the EA were highlighted in this Audit.
8. SUPPORTING EVIDENCE OF COMPLIANCE
The following evidence is supplied to supplement the Audit findings (this should be read in conjunction
with the supporting evidence of compliance that is attached in the appendices). Please note that for the
sake of brevity, only snap shots of relevant sections of supporting documents are included in this section.
The full documents are available from the audit consultant on request.
Table 4: Supplementary evidence of compliance
Figure 1: Excerpt from EA notification, showing date of EA was included in the letter.
Figure 2: Excerpt from EA notification showing that the appeal procedure was included in the letter.
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Cape EAPrac 33 Environmental Audit Report
Figure 3: EA Notification Emails showing that full copy of the EA was attached with the notification.
Figure 4: Excerpt from the EA advert showing that copies of the EA were available upon request.
Figure 5: Excerpt from EA advert showing appeal procedure.
Figure 6: Excerpt from final EIR showing that the shapefile of the development layout was submitted to the competent authority.
9. STAKEHOLDER ENGAGEMENT
The outcome of this audit has not found insufficient mitigation of environmental impacts associated with
the undertaking of the activity, nor has it found insufficient levels of compliance with the environmental
authorisation. As such a public participation process in terms of Regulation 34(5) was not undertaken.
In compliance with regulation 34(6) the holder of the EA must within 7 days of the date of submission of
an environmental audit report to the competent authority, notify all potential and registered interested
and affected parties of the submission of that report, and make such report immediately available—
(a) to anyone on request; and
(b) on a publicly accessible website, where the holder has such a website.
The potential I&APs were determined during the environmental impact assessment process for this
project and as such, the notification in terms of regulation 34(6) will be provided to registered I&APs
only.
10. RECOMMENDED ACTIONS
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Cape EAPrac 34 Environmental Audit Report
It is therefore recommended that the competent authority issue a letter of clarity confirming that these
conditions are applicable to the construction and operational phase of the development only (i.e. not
applicable to the pre-construction phase of the development):
- Condition 26: The holder of this environmental authorisation must keep all records relating to
monitoring and auditing on site and make them available for inspection to any relevant and
competent authority in respect of this development.
- Condition 59: The holder of this environmental authorisation must comply with the Conservation
of Agricultural Resources Act, 1993 (Act No. 43 of 1983) articles 7.1 and (3) b of regulation
9238.
- Condition 70: A copy of this environmental authorisation and approved EMPr must be kept at
the property where the activity will be undertaken. The environmental authorisation and
approved EMPr must be produced to any authorised official of the Department who requests to
see it and must be made available for inspection by any employee or agent of the holder of the
environmental authorisation who undertakes work at the property.
11. CONCLUSION
Cape Environmental Assessment Practitioners (Cape EAPrac) was appointed by Dyasonsklip Solar
Energy Facility 1 (Pty) Ltd, as the independent Auditor to compile an Environmental Audit Report in
compliance with Regulation 54A(3).
The EA was issued after a Scoping and Environmental Impact Assessment Process was followed for
the construction of a Solar PV energy facility on the Remainder of the Farm Dyasonsklip 454. No
amendments of the EA have taken place to date.
It must be noted that the authorised project has not commenced with construction. As such, this Audit
specifically addresses compliance aspects related to the pre-construction phase of the development.
Furthermore, the EMPr for this project has not yet been approved. This Audit therefore audits
compliance with the pre-construction requirements of the EA and FEIR only.
No incidents of non or partial compliance highlighted in this audit.
The overall compliance count for all conditions of the EA (including sub-conditions are as follows);
- 18 conditions (incl sub-conditions) are fully compliant.
- 83 conditions (incl sub-conditions) are not applicable to the current stage of the development
(i.e. the pre-construction phase).
- 7 conditions (incl sub-conditions) are not auditable.
The audit did however find that three of the EA conditions (Conditions 26, 59 and 70) are not clear as
to which stage of the project they are applicable to. In these instances, it is reasonably deduced that
they refer to the construction phase, the wording and placement of the conditions are however do not
define which stage they are applicable to. It is therefore recommended that the competent authority
issue a letter of clarity confirming that these conditions are applicable to the construction and operational
phase of the development.
The holder of the EA has achieved a 100% compliance on conditions applicable to the pre-construction