PUBLIC PARTICIPATION REPORT

Transcription

1 ESKOM HOLDINGS SOC (PTY) LTD PUBLIC PARTICIPATION REPORT PROPOSED CONSTRUCTION OF ESKOM TYALARA-QUNU 132 KV POWER LINE AND ASSOCIATED INFRASTRUCTURE September 2013 J31096 Head Office 14 Eglin Road, Sunninghill 2191 Johannesburg, South Africa Tel: Fax:

2 Public Participation Process Report Proposed Construction of Eskom Tyalara-Qunu 132 kv Power Line CONTENTS Chapter Description Page 1 INTRODUCTION Methodology Overview 2 2 PUBLIC PARTICIPATION PROCESS Newspaper Advertisement and Site Notice Interested & Affected Parties Identification and Notification Stakeholders 5 (a) Stakeholders Identified 5 (b) Stakeholders Notification Land Owner 11 (a) Landowners/ Occupiers Identified 11 (b) Notification of Landowners/ Occupiers 11 3 COMMENTS AND RESPONSE I&AP Registration and Comments Initial Registration and Comment Period 17 (a) Summary of Comments from Department of Water Affairs 17 (b) GIBB response Comments on the Draft Basic Assessment Report Environmental Authorisation 19 4 CONCLUSION AND WAY FORWARD 20 Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ i Rev 00 / September 2013

3 LIST OF FIGURES Figure 1: Locality map indicating the location of the proposed powerline indicated in blue (Google Earth, 2012) Figure 2: Advertisement placed in the Daily Despatch on 22 August Figure 3: Site notice erected at the Qunu Substation Figure 4: Site notice erected at the Tyalara Substation Figure 5: Background Information Document (page 1)... 6 Figure 6: Background Information Document (page 2)... 7 Figure 7: Notification letter sent to Stakeholders (page 1)... 8 Figure 8: Notification letter sent to Stakeholders (page 2)... 9 Figure 9: Notification of Stakeholders...10 Figure 10: Notification letter sent to Landowners (page 1)...12 Figure 11: Notification letter sent to Landowner (page 2)...13 Figure 12: Notification of Land Owner...14 Figure 13: Notification of Land Owner...15 Figure 14: Waybill for notification sent to Nolunto Dalinyebo...15 Figure 15: Proof of Fax sent to Chief Jonginyaniso Mtirara...16 Figure 16: Correspondence received from the Department of Water Affairs LIST OF TABLES Table 1: Newspaper Advertisement and site notice location... 3 Table 2: List of Stakeholders identified during the PPP... 5 Table 3: List of Chiefs, Headman and Councillors identified...11 Table 4: Summary of Comments received during PPP Process...20 LIST OF ABBREVIATIONS ADM BAR BID DEA DEDEAT DWA EAP ECPHRA EIA EMPr I&APs KSDLM PPP Amathole District Municipality Basic Assessment Report Background Information Document Department of Environmental Affairs Department of Economic Development, Environmental Affairs and Tourism Department of Water Affairs Environmental Assessment Practitioner Eastern Cape Heritage Resource Agency Environmental Impact Assessment Environmental Management Programme Interested & Affected Parties King Sabata Dalindyebo Local Municipality Public Participation Process Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ ii Rev 00 / September 2013

4 1 INTRODUCTION This report describes ibes the Public Participation Process (PPP) that was undertaken as part of the Basic Assessment Process, in terms of the National Environmental Enviro Management Act (NEMA), (Act No 107 of 1998) as amended, and the Environmental Impact Assessment (EIA) Regulations, (GNR 543; June 2010) for the proposed break and rebuild of approximately pproximately 17.7 km of 132 kv powerline between the Tyalara and Qunu substations in the King Sabata Dalindyebo Local Municipality (KSDLM), Eastern Cape Province. Province This projects forms part of the network n strengthening initiative needed in order to meet Eskom s s anticipated growth in electricity demand in the area. In addition, addition the new infrastructure will aim to improve the reliability of electricity supply to the O.R. Tambo District Municipality, which currently is constrained by overloaded supply. The O.R. Tambo District Municipality is plagued by frequent power outages due to an unreliable supply as well as increasing demand for electricity supply to community service facilities (schools, clinics, etc.), businesses and households. Figure 1:: Locality map indicating the location of the proposed powerline indicated in blue (Google Earth, 2013) 201 The PPP has been undertaken in accordance Section 24 (5), Regulation of GNR 543 under NEMA in support of applying for an Environmental Authorisation for the proposed project. Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports Reports\ Tyalara - Qunu\Draft BAR\Appendix E_Public Public Participation Report 1 Rev 00 / September 2013

5 1.1 Methodology Overview The following main activities were undertaken as part of the PPP: An English advertisement was in the Daily Dispatch on 22 August 2013 giving details of the proposed project and Basic Assessment Process. Two site notices was fixed at conspicuous places (at Qunu Substation and Tyalara Substation). The notice as depicted in Figure 2 and Figure 3 respectively, were written in English and IsiXhosa. Interested and Affected Parties (I&APs), stakeholders and authorities were identified based on their potential interest in the project. Landowners were identified, and land negotiations were undertaken by Eskom s Land and Rights Division. A Background Information Document( BID) and a notification letter was distributed to I&APs, stakeholders and authorities and to the adjacent land owners on 19 August Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 2 Rev 00 / September 2013

6 2 PUBLIC PARTICIPATION PROCESS 2.1 Newspaper Advertisement and Site Notice Table 1: Newspaper Advertisement and site notice location Publication name Daily Dispatch Date published 22 August 2013 Site notice position Latitude Longitude 1. Qunu substation 31 54' 35.79" S 28 29' 9.91" E 2. Tyalara substation 31 48' 17.09" S 28 37' 5.05" E Date placed 21 August 2013 Figure 2: Advertisement placed in the Daily Despatch on the 22 August 2013 Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 3 Rev 00 / September 2013

7 Figure 3: Site notice erected at the Qunu Substation Figure 4: Site notice erected at the Tyalara Substation Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 4 Rev 00 / September 2013

8 2.2 Interested & Affected Parties Identification and Notification Stakeholders (a) Stakeholders Identified According to the NEMA EIA Regulations under Section 25 (5) of NEMA, a register of I&APs (Regulation 55 of GNR 543) must be kept by the EAP. The following I&APs were identified based on their potential interest in the proposed project and are kept informed of throughout the process. Table 2: List of Stakeholders identified during the PPP Title, Name and Surname Mr. T.J. Tyala Mr HT Hlazo Mr Vuyisa Mdlalo-Sifanele Mr Qondile Paliso Mr. Sello Mokhanya Mr. Mlondolusi Mbikwana Affiliation/ key stakeholder status King Sabata Dalindyebo Local Municipality (Municipal Manager) O.R Tambo District Municipality (Municipal Manager) Department of Rural Development and Land Reform Department of Economic Development, Environmental Affairs and Tourism (Integrated Environmental Manager) Eastern Cape Provincial Heritage Resources Authority Department of Water Affairs (b) Stakeholders Notification Stakeholders were sent a notification letter and invitation to comment on the proposed project (Figure 7 and Figure 8), as well as a Background Information Document (Figure 5 and Figure 6) detailing the proposed project, the Basic Assessment process, and the Public Participation Process. This notification was distributed on 19 August 2013 to stakeholders listed in Table 2. Proof of notification is shown in Figure 9. Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 5 Rev 00 / September 2013

9 Figure 5: Background Information Document (page 1) Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 6 Rev 00 / September 2013

10 Figure 6: Background Information Document (page 2) Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 7 Rev 00 / September 2013

11 Figure 7: Notification letter sent to Stakeholders (page 1) Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 8 Rev 00 / September 2013

12 Figure 8: Notification letter sent to Stakeholders (page 2) Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 9 Rev 00 / September 2013

13 Figure 9: Notification of Stakeholders (ECPHRA DEDEAT - qondile.paliso@deaet.ecape.co.za; DWA mbikwanam@dwa.gov.za; O.R Tambo District Municipality ayandaw@ortambodm.org.za; King Sabatha Dalindyebo Local Municipality) Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 10 Rev 00 / September 2013

14 2.2.2 Land Owner (a) Landowners/ Occupiers Identified As per section 54 (b) (i) and (ii) of the NEMA EIA Regulation, 2010 written notification must be given to the owners or occupiers of the site where the activity is to be undertaken, where the applicant is not the owner of that land. The area traversed by the powerline is tribally managed state owned land under jurisdiction of the Department of Rural Development and Land Reform. Table 2 below lists the Chiefs and Headsman for the villages traversed by the powerline. Table 3: List of Chiefs, Headman and Councillors identified Chief/ Headman/ Councillor Chief Jonginyaniso Mtirara King Dalindyebo Chief Noluntu Dalindyebo Mkhosandile Mxhonyiwa Headman Ladyusha Headman Ntwasahlo Voti Cllr Meme Kgagara Chief Nokwanele Dinizulu Villages/ Property Name Tyalara Bumbane Great Place Sitebe Buwa Tantseka Mantshaya Nelson Mandela s Property Qunu (b) Notification of Landowners/ Occupiers Landowners as listed in Table 3, as well as the Department of Rural Development and Land Reform were sent a letter of notification and invitation to comment on the proposed project (Figure 10 and Figure 11), as well as a Background Information Document (Figure 5 and Figure 6) detailing the proposed project, the Basic Assessment process, and the Public Participation Process. This notification was sent out on the 19 August 2013 and proof of this notification is shown in Figure 12 and Figure 13. Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 11 Rev 00 / September 2013

15 Figure 10: Notification letter sent to Landowners (page 1) Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 12 Rev 00 / September 2013

16 Figure 11: Notification letter sent to Landowner (page 2) Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 13 Rev 00 / September 2013

17 Figure 12: Notification of Land Owner Rural Development and Land Affairs Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 14 Rev 00 / September 2013

18 Figure 13: Notification of Land Owner (Cllr Meme Kgagara Chief Vulicango Ngonyama - myekeleli.ngonyama@gmail.com) Figure 14: Waybill for notification sent to Nolunto Dalinyebo Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 15 Rev 00 / September 2013

19 Figure 15: Proof of Fax sent to Chief Jonginyaniso Mtirara Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 16 Rev 00 / September 2013

20 3 COMMENTS AND RESPONSE 3.1 I&AP Registration and Comments Initial Registration and Comment Period An initial registration and response period was given to I&APs. Only the Department of Water Affairs (Amathola Region) provided comment upon notification of the proposed project and Basic Assessment process (please refer to Figure 16). No other stakeholders, landowners or members of the public have responded to the newspaper advert and site notice. (a) Summary of Comments from Department of Water Affairs The Department of Water Affairs assessed the project using the project location; topographic GIS information; the information supplied in the BID (Figure 5 and Figure 6) and the notification letter (Figure 7 and Figure 8) sent from the EAP. DWA has confirmed that no wetlands were found in the project area; however numerous watercourses are located near the project area. DWA requested that all aquatic habitats (watercourses and associated riparian corridors) must be avoided by the proposed project. DWA further comments that should any section of the powerline or infrastructure be located within the extent of a watercourse as defined in the National Water Act (Act 36 of 1998), a section 21 (c) and (i) water use application must be submitted to the Department of Water Affairs. (b) GIBB response GIBB confirms that all construction is limited to the servitude of the existing powerline, and construction will thus not occur in the extent of a water course as defined by the Water Act. Should any deviations from the selected route be required that may contravene this requirement, DWA and DEA will be consulted prior to rerouting of the powerline in order to ensure relevant applications are undertaken. Furthermore, the watercourses referred to by DWA have been sufficiently described in the Draft Basic Assessment Report. Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 17 Rev 00 / September 2013

21 Figure 16: Correspondence received from the Department of Water Affairs. Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 18 Rev 00 / September 2013

22 3.1.2 Comments on the Draft Basic Assessment Report The Draft Basic Assessment Report will be made available for public review and comment from 16 September to 28 October A draft BAR will be couriered to I&APs identified in Table 2 and Table 3 and will also be available for a 40 day public review and commenting period at the following locations: Mthatha Library GIBB website link: All comments received will be individually responded to by the EAP and all correspondence will be included in the Final Basic Assessment Report which will be submitted to Department of Environmental Affairs Environmental Authorisation All registered I&APs will be notified of the Environmental Decision through notification letters and an newspaper advertisement. Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 19 Rev 00 / September 2013

23 4 CONCLUSION AND WAY FORWARD It is concluded that there are no objections from the public for the proposed activity since: No members of the public have registered as I&APs Only the Department of water Affairs has provided comment upon receipt of notification of the project and Basic Assessment process: Table 4: Summary of Comments received during PPP Process Comment Received Construction must not occur within the extent of a watercourse as defined in the National Water Act (Act 36 of 1998), GIBB Response The servitude of the powerline, and the construction corridor does not fall within the extent of a water course as defined by the Water Act. DWA will be notified for comment should any deviation from the selected route be required. Comments received on the DBAR will be included in the Final Basic Assessment Report. Should there be any further information required, please do not hesitate to contact me. Mr Richard Judge GIBB Tel: rjudge@gibb.co.za Z:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\ 20 Rev 00 / September 2013

24 DOCUMENT CONTROL FORM IP180_B CLIENT : ESKOM (Pty)Ltd PROJECT NAME : ESKOM Tyalara - Qunu 132 kv powerline and associated infrastructure PROJECT No. : J31096 TITLE OF DOCUMENT : Public Participation Report for the construction of the proposed Tyalara Qunu 132 kv powerline and associated infrastructure ELECTRONIC LOCATION : P:\J31096_Eskom Neptune 132kv BAR\Tasks\Reports\Tyalara - Qunu\Draft BAR\ \Appendix E_Public Participation Report.docx Approved By Reviewed By Prepared By ORIGINAL NAME Mervin Olivier NAME Kabelo Mphake NAME Mary-Anne Crocker DATE SIGNATURE SIGNATURE SIGNATURE September 2013 Prepared by Prepared By Prepared By ORIGINAL NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE Approved By Reviewed By Prepared By REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE This report, and information or advice, which it contains, is provided by GIBB (or any of its related entities) solely for internal use and reliance by its Client in performance of GIBB s duties and liabilities under its contract with the Client. Any advice, opinions, or recommendations within this report should be read and relied upon only in the context of the report as a whole. The advice and opinions in this report are based upon the information made available to GIBB at the date of this report and on current South African standards, codes, technology and construction practices as at the date of this report. Following final delivery of this report to the Client, GIBB will have no further obligations or duty to advise the Client on any matters, including development affecting the information or advice provided in this report. This report has been prepared by GIBB in their professional capacity as Consulting Engineers. The contents of the report do not, in any way, purport to include any manner of legal advice or opinion. This report is prepared in accordance with the terms and conditions of the GIBB contract with the Client. Regard should be had to those terms and conditions when considering and/or placing any reliance on this report. Should the Client wish to release this report to a Third Party for that party's reliance, GIBB may, at its discretion, agree to such release provided that: (a) GIBB s written agreement is obtained prior to such release, and (b) By release of the report to the Third Party, that Third Party does not acquire any rights, contractual or otherwise, whatsoever against GIBB and GIBB, accordingly, assume no duties, liabilities or obligations to that Third Party, and (c) GIBB accepts no responsibility for any loss or damage incurred by the Client or for any conflict of GIBB interests arising out of the Client's release of this report to the Third Party. GIBB (Pty) Ltd Website : Postal Address : P.O. Box 19844, Tecoma, East London, 5214 Physical Address : GIBB House, 9 Pearce Street, Berea, East London,5241 Contact Person : Mervin Olivier Address : molivier@gibb.co.za Telephone No. : Fax No. : Rev. 0 / April 2013