ERM conducted the public participation process (PPP) as part of the EIA and EMPr Amendment for MP 30/5/1/2/2/133MR to include:

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1 6 PUBLIC PARTICIPATION PROCESS ERM conducted the public participation process (PPP) as part of the EIA and EMPr Amendment for MP 30/5/1/2/2/133MR to include: a new Central Discard Dump at the Maquasa East area; the MWE underground works; and the new Adit 5, overland conveyor and service road. The PPP was designed to comply with the Mineral and Petroleum Resources Development Act (Act No. 28 of 2002, MPRDA); the Guidelines for Consultation with Communities and Interested and Affected Parties released by the Department of Mineral Resources (DMR) in early 2011; and the principles of the National Environmental Management Act (Act No. 107 of 1998) (NEMA). Public participation in an EIA is not only a statutory requirement, but a process that is designed to provide Interested and Affected Parties (I&AP s) with an opportunity to: Provide local knowledge on the Project Area; Raise issues of concern; Evaluate all aspects of the proposed Project, with the objective of improving the Project by optimising its benefits while minimising its adverse effects; Identify and confirm issues requiring further investigation in the impact assessment, thus guiding the scope of the specialist work; Influence project decisions; and Evaluate the results of impact assessment studies and suggested enhancement/mitigation thereof. I&AP s represent relevant interests and sectors of society, non-government organisations (NGOs) and the relevant organs of state. Through informed and transparent public participation, effective social and environmental management/mitigation measures can be established and implemented should the Project be authorised. PPP was undertaken in two phases, PPP for the Scoping Phase (Section 6.4) and PPP for EIA Phase (Section 6.5). This Chapter provides an overview of the PPP undertaken for this Project for both phases as well as a summary of the comments and responses. A full Comments and Responses Report (CRR) can be found in Annex 6A. 6-1

2 6.1 OBJECTIVES OF PPP Public participation is an inclusive and culturally appropriate process which involves sharing information and knowledge, seeking to understand the concerns of others and building relationships based on collaboration. It allows stakeholders to understand the risks, impacts and opportunities of the Project in order to achieve positive outcomes. The main objectives of public participation are: to ensure that adequate and timely information is provided to those potentially affected by the Project; to provide these groups with sufficient opportunity to voice their opinions and concerns; and to ensure that comments are received in a timely manner so that they can be taken into account in Project decisions. 6.2 WHO ARE THE I&AP S One of the key principles informing the PPP is that it should be an inclusive process. Given the location of the proposed Project, as well as the location of the existing mine; it is important that I&AP s from both Mkhondo and Dr Pixley Ka Isaka Seme Local Municipalities are given the opportunity to participate in the process. Notification activities have been designed to ensure that I&AP s within both Municipalities were invited to be involved in the process. I&AP s were invited to become part of the process in two ways: Through notification activities, which were designed to ensure that the broader public were informed of the process and invited to be involved; and Through registering I&AP s identified during the previous Mining Right process as potentially interested or affected. Notification and registration public participation materials are appended to this report as Annex 6A COMPILATION OF A STAKEHOLDER DATABASE In terms of the NEMA, a register of I&AP s must be kept by the stakeholder engagement practitioner. A database of neighbouring landowners, relevant commenting authorities (local and provincial), and other key stakeholders has 6-2

3 been compiled. The register will be updated with the details of involved I&AP s throughout the EIA process. Key I&AP s in the following I&AP groups were pre-registered: Government: Authorising and commenting authorities from selected National, Provincial, District and Local Departments as well as relevant Ward Councillors; Traditional Authorities; Directly Affected I&AP s: landowners and communities; Neighbouring Landowners: neighbouring farm owners and communities; and Community Based Organisations (CBOs) and Non-Governmental Organisations (NGOs): Environmental organisations and social focused organisations. The I&AP database is appended in Annex 6A SCOPING PHASE PPP The PPP undertaken during the Scoping Phase of this S102 Amendment Application is summarised in Table 6.1. Table 6.1 PPP undertaken for S102 Amendment Application Scoping Phase (Annex 6A) Activity Initial Notification of the Project and Disclosure of Draft Scoping Report for Review Advertisements: o Adverts were published on 9 September 2016 in English and isizulu in the Excelsior News. o Advert published on the 9 September 2016 in Afrikaans in Die Beeld. Site Notices o Site notices placed at the following locations on the 7/8 September 2016: Driefontein Community Centre; Maquasa East Shaft and Piet Retief Library. Notification o An to registered I&AP s, landowners, ward councillors and commenting authorities (DWS, Local and District Municipalities) was sent to notify these parties of the application and availability of the Report. Availability of the Draft Scoping Report The DSR was made available at The Driefontein Community Centre and the Piet Retief Library from 9 September 2016 to 9 October 2016 (30 day public participation period). 6-3

4 Activity Stakeholder meetings Stakeholder meetings were held from Thursday 29 September 2016 to Friday 30 September 2016 to afford stakeholders the opportunity to comment on the Project and engage with the EIA team. Responses are included in the Comments and Responses Report (CRR) (Annex 6A4). The CRR was distributed to the stakeholder groups on 26 October 2016 see Annex 6A4). Meetings were held with the Donkerhoek CPA s, Driefontein CPA s, Traditional Leaders and the Mkhondo Municipality. Meeting registers are also included in Annex 6A Summary of Comments Raised during Scoping Phase PPP A number of comments were received during the Scoping Phase PPP and are summarized in Table 6.2. The comments received from individuals have been inserted as individual comments, where meetings were held the comments have been summarized. The full set of comments and responses are provided in the CRR attached as Annex 6A4. Table 6.2 Summary of Comments Received during the Scoping Phase PPP Commentator Date Comment Comments / Issues and Suggestions Raised Received Mkhubeni Azon 12 September Where exactly will Adit 5 be situated? 2. What is currently in this area? 3. Is there any effect to your last application? and what is the effect of this application to the last application, MP30/5/1/2/2/10099 MR? 4. Where and when can I attend one of your sessions? Mkhubeni Azon 3 October 2016 The ekaluka CPA members requested a meeting with an ERM representative to provide answer s to their queries. Mr B.I. Nkosi (Tweefelhoek Community) Inkomathi-Usuthu Catchment Management Agency (IUCMA) 6 October 2016 The Tweefelhoek Community has concerns over damage to their house cause by blasting as well as issues related to dust emissions from the overland conveyor. 12 October 2016 The IUCMA largely had comments relation to the requirement for all water uses to be authorized under the National Water Act (NWA). A Water Use License Application is being undertaken separately by Golder and Associates and will cover these issues. Mr C. Greyling 10 October 2016 Mr Greyling s farms are adjacent to the Maquasa West Extension mining area. Accordingly, Mr Greyling is an interested and affected party in respect of Kangra Coal s EIA process. His comments in respect of the proposed mining activities recorded in the Draft Scoping Report uploaded on EMR s website will be submitted to you 6-4

5 Commentator Date Comment Received Comments / Issues and Suggestions Raised shortly, thank you. Donkerhoek CPA 29 September 2016 The issues raised during this meeting were largely related to legacy issues with Kangra Coal. Mkhondo Local Municipality Mr V. Dube 30 September 2016 Has a detailed groundwater study been undertaken? Traditional Leaders Driefontein Community Forum 30 September 2016 The issues raised during the meeting with the Traditional Leaders were largely around investment and skills upliftment in the communities. There was also a question as to when it was planned for underground mining to start. 30 September 2016 Issues raised during this meeting were focussed on the proposed project. Issues covered: the current Mining Right and how it is related to this project, impacts of blasting, water contamination, land ownership and access and legal processes. 6.5 EIA PHASE PPP Table 6.3 provides details of the PPP activities that are currently being undertaken during the EIA Phase. Table 6.3 Public Participation Activities during the EIA Phase Activity Reference in Report Distribution of Non-Technical The NTS was distributed to all Annex 6A Summary (NTS) registered I&AP s, landowners and ward councillors to share with these parties the EIA findings and the availability of the Report for comment. The NTS was distributed in both English and isizulu. A hard copy of the report was distributed to the commenting authorities (Department of Water and Sanitation and Local and District Municipalities). The report is was also available on the ERM website: (30 day public participation period). Draft EIAR to Commenting Authorities A copy of the Draft EIAR was sent to the DWS, DARDLEA, Dr Pixley Ka I Saka Local Municipality, Mkhondo Local Municipality and the Gert Sibande District Municipality for comment. Annex 6A A Stakeholder Database is included in Annex 6A Proof of submission of EIA for comment - Annex 6A 6-5

6 6.5.1 Summary of Comments Raised during EIA Phase PPP Comments received during the EIA Phase PPP will be consolidated in the CRR which will be submitted to the stakeholder groups. In addition, the CRR will be submitted to the DMR with the Final EIAR for their decision. 6.6 NOTIFICATION OF COMPETENT AUTHORITIES DECISION Once the DMR has made a decision regarding the proposed Project, ERM will notify all registered I&APs of this decision. 6.7 PREVIOUS PPP UNDERTAKEN A significant amount of PPP was previously undertaken for the various components being applied for as part of this EMPr Consolidation. The PPP was undertaken by: Adit 5 and Overland Conveyor ERM, 2015; Central Discard Dump GCS, 2014; and MWE Underground Workings Oryx Environmental, These are summarised in Table 6.4, Table 6.5 and Table 6.6. Table 6.4 Adit 5 and Overland Conveyor - PPP Activities in 2015 (ERM) Activity Distribution of Background Information Documents (BID) in English and isizulu placed Background at Pixley Ka Isaka Seme Local Municipality Offices, Mkhondo Information Document (BID) Municipality Offices. Volkust Public Library, Volksrust Post Office, Wakkerstroom Library, Piet Retief Post Office, Piet Retief Library, Driefontein Community Centre, Daggakraal Clinic, Dirkiesdorp Clinic, Dirkiesdorp Police Station. Placing of adverts Adverts were published on 24 April 2015 in English and isizulu in the Excelsior News and The Recorder. Advert published on the 24 April 2015 in Afrikaans in Die Beeld. Putting up site notices Site notices placed at the following locations on the 27 th /28 th April 2015: Dr Pixley Ka Isaka Seme Local Municipality Offices, Mkhondo Municipality Offices. Volkust Public Library, Volksrust Post Office, Wakkerstroom Library, Piet Retief Post Office, Piet Retief Library, Driefontein Community Centre, Daggakraal Clinic, Dirkiesdorp Clinic, Dirkiesdorp Police Station. Notification I&AP s of An to registered I&AP s, landowners, ward councillors and commenting authorities (Department of Water and Sanitation, Local and District Municipalities) has been sent to notify these parties of the application and availability of the Report. The EIA and EMP were made available at the various locations from 28 April 2015 to 29 May 2015 (30 day public participation period, accounting for public holidays). 6-6

7 Activity Comments received In addition to the stakeholder meetings, comments were received via from I&AP s correspondence during the public participation period. I&AP meetings Stakeholder meetings were held from Wednesday 6 May 2015 to Saturday 9 May 2015 to afford stakeholders the opportunity to comment on the Project and engage with the EIA team. During these meetings stakeholders requested that formal responses to their comments and queries be provided. Responses were therefore not provided during the meetings, but are included in the Comments and Responses Report (CRR). Hard copies of the CRR were distributed to the stakeholder groups on 10 June Table 6.5 Central Discard Dump - PPP Activities in 2014 (GCS) Activity Distribution of Background Information Documents (BID) in English and isizulu and Background distributed to the registered I&AP s (existing Kangra stakeholder database Information (via , fax and registered post). Copies of the BID was also placed at Document (BID) the Piet Retief Post Office, Thusong Service Center and the Maquasa East mine security office. Placing of adverts A newspaper advertisement was compiled in English and Zulu and was placed in the Excelsior News newspaper on Friday, 4 April 2014 Putting up site notices Notification I&AP s of Obtained comments from I&AP s I&AP meetings Copies of the site notice (English and Zulu) were printed in A2 and laminated and were placed at the following 6 locations: Piet Retief Post Office (-27, S; 30, E). Maquasa East Mine Entrance (-27, S; 30, E). Thusong Service Station (-26, S; 30, E). Driefontein Community Hall (-26, S; 30, E). Kangra Community Park (-26, S; 30, E). Mkhondo Municipality Piet Retief (-27, S; 30, E). Sms notifications were sent on 7 April 2014 to notify registered I&AP s of the project. The EIA and EMP were also made available at the Piet Retief Library, the Maquasa East Security Office, Thusong Service Centre and on the GCS website from 23 April 2014 to 26 May 2014, 9 July 2014 to 30 July 2014, 19 November 2015 to 18 January 2016 and 2 February 2016 to 23 February In addition to the stakeholder meetings, comments were received via correspondence during the public participation period. The Scoping Phase public meeting was held on 20 May 2014 (16:30 pm) at the Mkhondo Municipal Hall. The minutes of the meeting were distributed via on 17 June Sms s were also sent out on 17 June 2014 informing stakeholders of the availability of the public meeting minutes on the GCS website ( and that the minutes would be sent to them via or post upon request. 6-7

8 Table 6.6 MWE Underground Workings PPP Activities in 2006 (Oryx) Activity Identification I&APs Background Information Document Individual Interviews Meetings of In a project of this nature where an existing EMPr was being amended, the I&AP s had already been identified and consulted with regards to the original project. Thus for the integration of 209MR further networking was done to identify, amongst others, the potentially affected landowners and adjacent landowners of the expansion project. and At the beginning of the scoping phase, Background Information Documents (BID) were produced and provided to the I&AP s on the existing database. The BID was translated from English into Zulu and Afrikaans. In addition, BIDs were handed out to landowners affected by the extension of the Maquasa West Underground mine. The purpose of a BID document was to provide I&AP s with basic background information pertaining to the proposed activities, the consultation process and the specialist studies being conducted. It further provided members of the public interested in the project with the opportunity to register as I&AP s, by completing the registration sheet included in the BID. This ensured that their names and contact details would be captured on the database and that they would receive all project-related information and invitations to meetings. A comment sheet was also provided to enable I&AP s to furnish the consultants with written comments. Individual meetings were held with important stakeholders. These stakeholders were identified and drawn from the existing I&AP s list. These included mainly surface rights holders on the affected property and adjacent landowners. 6-8