Proposed Wolseley Wind Energy Facility: Motivation for...
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Proposed Wolseley Wind Energy Facility:
Motivation for Amendment of Environmental
Authorisation
Submitted by:
Lithon Project Consultants
Windhoek Office:
PO Box 40902
Ausspannplatz
Windhoek, Namibia
Tel: +264 61 250 278
Fax: +264 61 250 279
Cape Town Office:
Gound Floor
Liesbeeck House, River Park
Cape Town, South Africa
Tel: +27 21 6805209
Fax: +27 21 6805011
Johannesburg Office:
8 Greenstone Place
Stoneridge Office Park
Greenstone, Edenvale
Johannesburg, South Africa
Tel: +27 11 2012029
Fax: +27 11 2012001
SAGIT Energy Ventures (Pty) Ltd
The Oval, Newlands
P.O. Box 44721, Claremont
Western Cape, South Africa
i
Approval and Review Sheet
Client: SAGIT Energy Ventures (Pty) Ltd
Project: P5015
Document Number: 001
Status of Report: Final
Distribution Date: 10 July 2015
Signed on behalf of: Lithon Project Consultants (Pty) Ltd
Prepared by:
Technical Executive
Lithon Project Consultants
Reviewed by:
SAGIT Energy Ventures
Accepted by:
Director
SAGIT Energy Ventures
Jaana-Maria Ball
Kasper van Rooyen
Mich Niewoudt
Date: 07/07/2015
Date: 10/07/2015
Date: 10/07/2015
ii
TABLE OF CONTENTS
1. Introduction ..................................................................................................................... 6
1.1 Background .............................................................................................................................. 6
1.2 Proposed Amendment Application Process ............................................................................... 6
1.3 Details of the Environmental Assessment Practitioner (EAP) and Technical Specialists................ 8
1.4 Purpose of the Report ............................................................................................................... 9
2. Legislative Changes ........................................................................................................ 10
3. Findings of the Assessment and Motivation for Amendment ........................................... 22
4. Public Participation and Authority Consultation Process ................................................. 25
5. Conclusion and Recommendations ................................................................................. 26
6. Way Forward ................................................................................................................. 27
4
List of Tables
Table 1: Comparison of 2010 and 2014 EIA Regulation’s Listed Activities
Table 2: Full Text of Relevant 2010 and 2014 Listed Activities
List of Appendices
Appendix A: Amendment Application (as submitted on 01 December 2014)
Appendix B: Correspondence with the Relevant Authority: The Department of Environmental Affairs and
Development Planning
Appendix C: Curriculum Vitae of the Environmental Assessment Practitioner
Appendix D: Avi-fauna – Assessment Report from Mr. Chris van Rooyen of Chris van Rooyen Consulting
Appendix E: Bats – Assessment Report from Mr. Werner Marais of Animalia
Appendix F: Visual – Assessment Report from Mr. Alan Cave of Cave Klapwijk and Associates
Appendix G: Public Participation and Authority Consultation Process Documents
Appendix H1: Registered Interested and Affected Parties and Authorities
Appendix H2: Notifications sent to Interested and Affected Parties and Authorities
Appendix H3: Copies of Comment Received
Appendix H4: Comment and Response Report
5
List of Acronyms Cm Centimetre
CRR Comment and Response Report
dBA Decibel Audio
DEADP Department of Environmental Affairs and Development Planning
EA Environmental Authorisation
EAP Environmental Assessment Practitioner
EAPAN Environmental Assessment Practitioner’s Association of Namibia
EIA Environmental Impact Assessment
EIR Environmental Impact Report
EMPr Environmental Management Programme
EMP Environmental Management Plan
GN Government Notice
I&AP Interested and Affected Party
km Kilometre
Lithon Lithon Project Consultants (Pty) Ltd
LN Listing Notice
m2 Cubic metre
MW Mega Watts
M Metre
NEMA National Environmental Management Act
PPP Public Participation Process
RE Remainder of Erf
SAAB South African Association of Botanists
SACNASP South African Council for Natural Scientific Professions
SAGIT SAGIT Energy Ventures (Pty) Ltd
SAIEES Southern African Institute of Ecologists and Environmental Scientists
SEA Strategic Environmental Assessment
WEF Wind Energy Facility
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1. Introduction
1.1 Background
Lithon Project Consultants (Pty) Ltd (Lithon) were appointed to undertake an application for amendment of the
Environmental Authorisation (EA), on behalf of SAGIT Energy Ventures (Pty) Ltd (SEV) for the Wolseley
(Reference Number: 16/3/1/5/B5/16/1022/14) Wind Energy Facility (WEF) and its associated infrastructure.
The amendments applied for are documented in the Amendment Application (Appendix A) and are as follows:
Change in wind turbine blade length to a maximum total rotor diameter length of 150 m from blade tip to
blade tip i.e. each blade is a maximum of 72 m in length with the nacelle being 6 m across
Change in hub height to a maximum of < 120 m hub height
Removal of the total Mega Watts (MWs) expected to be generated per turbine from the original EA.
Turbine positions, the WEF footprint and associated infrastructure (on-site substation, underground electricity
cables, access roads, underground transmission line and offsite control centre) will remain the same, as approved
by the Department of Environmental Affairs and Development Planning (DEADP), the Competent Authority, on 11
June 2013 and the subsequent amendments on 29 April 2014.
The EA for the Wolseley WEF proposed for near the town of Wolseley within the Witzenberg Municipality Local
Municipality is based on a number of assumptions, with the primary ones being that a total of thirty wind turbines
will be erected, each generating between 2.5 and 3.6 MW, which will result in the WEF generating between 75 and
108 MW of electricity. The nacelle or hub-height of each turbine was stated as between 90 and 110 m and the
blade length between 40 and 60 m.
Preferred locations for the wind turbines were identified based on identified environmentally sensitive areas and
associated buffer zones, as well as buffer zones with respect to physical infrastructure and optimisation of turbine
performance. The turbine positions were specifically selected to ensure that there were no ‘fatal flaws’ associated
with the proposed development, and to make provision for minor repositioning movements subject to the findings
of the detailed geotechnical studies.
1.2 Proposed Amendment Application Process
The Competent Authority for the Wolseley WEF application is the DEADP, and all correspondence related to this
Amendment Application with the Authority can be reviewed in Appendix B.
The following legislated process was followed with respect to the amendment application:
STEP 1: Submission of the Application for Amendment to the EA and payment of the Application Fee
STEP 2: The Competent Authority has 14-days to acknowledge receipt of the Application for Amendment
STEP 3: The Competent Authority has 30-days to indicate what is required of the Applicant (and it’s appointed
independent Environmental Assessment Practitioner (EAP))
7
STEP 4: The EAP and the technical specialists undertake the assessment and produce an EA Amendment Report
detailing the findings of the assessments and revise the Environmental Management Plan (EMP) (if necessary)
STEP 5: Interested and Affected Parties (I&APs) are informed of the availability of the EA Amendment Report and
the revised EMP in the public domain for a 30-day comment period (21 days but as a precautionary principle
increased to 30 days and run concurrently with STEP 6)
STEP 6: The Amendment Report and the EMP (if revised) are made available to the Organs of State and
Government Commenting Authorities for a 30-day comment period
STEP 7: The comment is received and a Comment and Response Report (CRR) is prepared and the Amendment
Report and EMP (if produced) are revised, if necessary.
STEP 8: The EA Amendment Report (including the CRR) is submitted to the Competent Authority
STEP 9: The Competent Authority makes a decision regarding the Application for Amendment (they have 30 days
to do so)
STEP 10: The Appeal Process commences (this process is only applicable to the amendments and not the
Competent Authority’s original decision)
An increase in the wind turbine blade length and hub height, increases and changes the area and height above
ground of the ‘swept area’. This potentially changes the potential impacts associated with avifauna, bats and
potentially the area impacted by shadow flicker and the view shed.
The amendments proposed will not impact the overall footprint of the proposed development nor the footprint
and position of the turbines, and as a consequence it is not anticipated that the heritage resources, terrestrial flora,
wetlands, traffic etc. impacts as predicted in the original Environmental Impact Assessment (EIA) process will
significantly change. As such only avifauna, bat and visual technical specialists were appointed to undertake an
assessment to confirm whether the significance of the predicted impacts would change from that documented in
their original specialist reports prepared as part of the original EIA process and the Final Environmental Impact
Report (EIR).
After discussion with each technical specialist involved it was ascertained that only desktop studies were required
for their assessments. The specialists were subsequently requested to prepare a short report/ letter documenting
the findings of their assessment (refer to Appendices D – F). Based on this, an integrated assessment was made
by the EAP, Ms. Jaana-Maria Ball (see Section 1.3 and her Curriculum Vitae in Appendix C).
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1.3 Details of the Environmental Assessment Practitioner (EAP) and Technical Specialists
The EAP for the Amendment Application was Ms. Jaana-Maria Ball. She was responsible for the overall
environmental project management, integration assessment, report writing and liaison with the technical
specialists.
Ms. Ball is a professional Project Manager, Environmental Scientist, Ecologist and Botanist.
She is a Technical Executive of Lithon Project Consultants with 20 years’ experience in the
environmental field. She has been the Project Manager/ Director/ Reviewer of over 300
high profile projects in Africa and Advisor to a number of clients both in Africa and
internationally. She previously held the positons of Discipline Leader and Organisational
Manager of GIBB (Pty) Ltd’s Environmental Services, as well as Director: Support Services.
She was the first female Director appointed at GIBB and has served on a number of
professional environmental committees. She specialises in strategic and operational
planning as well as the management of complex Strategic Environmental Assessments (SEAs), Environmental
Impact Assessments (EIAs), Environmental Management Programmes (EMPs), licencing applications, co-
ordination and execution of public involvement processes, environmental auditing and the management of large,
multi-disciplinary project teams. Mega environmental projects managed by Jaana include those for electricity
generation (nuclear, coal, pumped-storage and renewables); electricity transmission and generation; rail, road,
ports, water and aviation infrastructure; mining activities; agricultural activities; industrial, manufacturing and
residential developments etc. She competently led the mega EIAs for South Africa’s strategically important
Nuclear-1, Pebble-bed Modular Reactor and Sischen – Saldanha Oreline Expansion projects. As one of the most
qualified and experienced environmental experts in southern Africa, Jaana has acted as a reviewer of many
complex and controversial EIAs and other environmental projects, and been an advisor to a number of high-profile
clients in Mozambique, Swaziland, Lesotho, Botswana, Nigeria, South Africa and Namibia. Jaana was the Project
Director/ Technical Executive for the original Wolseley and Wolseley WEF Applications for EA.
Ms. Ball is currently registered with the Engineering Council in Zambia, Environmental Assessment Practitioners
Association of Namibia (EAPAN) and a number of professional associations in South Africa (e.g. SAIEES, SAAB,
SACNASP). Jaana’s Curriculum Vitae can be found in Appendix C.
Lithon utilised the same independent technical specialists that undertook the original assessments, namely:
Avi-fauna – Mr. Chris van Rooyen of Chris van Rooyen Consulting
Bats – Mr. Werner Marais of Animalia and
Visual – Mr. Alan Cave of Cave Klapwijk and Associates.
9
1.4 Purpose of the Report
This final Amendment Report documents the:
EA Amendment Application as submitted
Changes in legislation since the EA was made and its implications on the Amendment Application
Correspondence with the Competent Authority, the DEADP
Motivation for amendment to the original EA
Findings of the individual selected technical specialist assessments as well as the integrated
assessment undertaken on the expected impacts arising from the proposed amendments to the
original application for EA
Details of the consultation process followed with I&APs and Organs of State
Comments received from I&APs and Organs of State and responses to them
Recommendations for implementation.
The draft version of this Report was placed in the public domain for comment by I&APs and Organs of State, and
thereafter revised and supplemented with details of the consultation process undertaken (Appendix G).
It will be submitted to the Competent Authority, who will use it in its decision-making as to whether to approve
the proposed amendments.
10
2. Legislative Changes
Although SEV’s original application for the Wolseley WEF fell under the EIA Regulations 2010 and the applicable
Listing Notices (LN GN 554, 545 and 546), the tables below indicate which of the activities in the newly
promulgated EIA Regulations 2014 would be relevant to the Amendment Application. This was undertaken to
ensure that no new Activities were triggered as well as assist in decision-making by the Competent Authority.
The EIA Regulations GN 982 of 2014 and associated listing notices, namely Listing Notice 1 (GN 983 of 2014),
Listing Notice 2 (GN 984 of 2014) and Listing Notice 3 (GN 985 of 2014) were reviewed.
SAGIT’s original and amended application were for 15 activities listed under GN 554, 545 and 546. Activities
triggered in the EIA Regulation 2014 listing notices, GN 983, 984 and 985, are as follows (15 in total):
Listing Notice 1 GN 983 of 2014: Activity numbers: 11, 12, 14, 19, 24, 31, 48 and 56
Listing Notice 2 GN 984 of 2014: Activity numbers: 1, 4 and 9
Listing Notice 3 GN 985 of 2014: Activity number numbers: 4, 10, 12 and 18
Table 1 indicates which activities are triggered in terms of the three new listing notices. Where activities listed
in the 2014 notices are comparable with activities listed in the 2010 notices, they have been placed in the same
row in the table. Grey blocks indicate where activities have been omitted from the 2010 listing notices or new
activities in the 2014 listing notices. Their relevance to the proposed project and its current amendment
application is outlined. Table 2 presents the full description of the activities as they appear in the listing notices
of the EIA Regulations of 2010 and 2014.
11
TABLE 1: COMPARISON OF 2010 AND 2014 EIA REGULATION’S LISTED ACTIVITIES
GN 544
2010 Activity
number
GN 983
2014
Activity
number
The new trigger and what has changed Trigger relevance
10 11
The wording has slightly changed with no
material effect on the meaning.
The proposed project entails the development
of facilities or infrastructure for the
transmission and distribution of electricity.
11 12
Development of canals, channels, weirs,
stormwater outlets, or infrastructure, within 32 m
of watercourse.
This activity remains largely unchanged from
Activity number 11 of the EIA Regulations 2010,
however the thresholds have been stated for
some items and in some cases increased, and
urban areas and where such development occurs
within existing roads or roads reserves are
exempt.
The proposed development will include the
upgrading/ maintenance of existing canals,
channels, weirs, stormwater outlets or other
infrastructure, within 32 m of watercourse, or
the development of new infrastructure. This will
largely be within existing roads or road
reserves.
13 14
The wording has slightly changed with no
material effect on the meaning.
The proposed project includes the
development of facilities or infrastructure for
the storage and handling of dangerous good,
where such storage occurs in containers with
a combined capacity of more than 80 m2 or
more but not exceeding 500 m2.
18 19
Infilling (>5 m3) with any material, or removal (>5
m3) of sand, soil, rock etc. from watercourse or
within 100 m from High Water Mark. The Activity
is unchanged.
The proposed project may involve the infilling
and/ or removal of more than 5 m3 of material.
22 24
The development of a road with a reserve wider
than 13,5 m, or where no reserve exists where
the road is wider than 8 m. The Activity however
excludes roads as described in Activity number
27 of Listing Notice 2 of the EIA Regulations
2014.
The proposed project may include the
construction of roads with reserve reserves
wider than 13,5 m, or where no reserve exists
where the road is wider than 8 m.
27 31
Decommissioning of infrastructure, for any
activities listed in listing notice 1, 2, or 3.
Activity 31 is a new addition to the 2014 listing
notices.
This activity would be relevant when
infrastructure developed needs to be removed.
39 48
Expansion of canals, channels, bridges, dams,
weirs, bulk stormwater outlets, and marinas, by
more than 100 m2, if within 32 m of watercourse.
The key difference between 544(39) and 983(48)
is that the latter has a threshold of 100 m2
applied, whereas no threshold was previously
applied. Also, these expansions are exempt if
undertaken in urban areas or road reserves.
The proposed project may entail the expansion
of canals, channels, bridges, dams, weirs, bulk
stormwater outlets, and marinas, by more than
100 m2, and be located within 32 m of a
watercourse.
47 56 There is no difference in the wording and
intention of the Activities in 544(39) and 983(48).
The proposed project will include the
widening of roads by more than 6 m, or the
12
lengthening of a road by more than 1 km,
where the existing reserve is wider than 13,5
metres or where no reserve exists, where the
existing road is wider than 8 m. The proposed
area for development is outside an urban
area.
GN 545
2010 Activity
number
GN 984
2014
Activity
number
The new trigger and what has changed
Trigger relevance
1 1
The 2010 EIA Regulations were all
encompassing and the 2014 EIA Regulations
limited to renewable energy where electricity
output is 20 megawatts or more. They also
exclude where development of facilities or
infrastructure is for photovoltaic installations and
occurs within an urban area, which is not relevant
to the application or its amendments.
The application is for generation of electricity
from a renewable resource with an expected
output of 20 MW or more.
3 4
The 2014 EIA Regulations includes the handling,
as well as the storage of a dangerous good.
It is the intention that facilities or infrastructure
will be developed for the storage, or storage
and handling of a dangerous good. Storage will
likely occur in containers with a combined
capacity of more than 500 m2.
8 9
The wording has been slightly altered in the 2014
EIA Regulations compared to that of the 2010
EIA Regulations. There is no material difference
in the meaning and interpretation thereof.
The application includes the development of
facilities or infrastructure for the transmission
and distribution of electricity with a capacity of
275 kV or more. The proposed site is outside
an urban area.
GN 546
2010 Activity
number
GN 985
2014
Activity
number
The new trigger and what has changed
Trigger relevance
4 4
The development of a road wider than 4 m with a reserve less than 13,5 m. It applies in a number of new receiving environments e.g. Critical Biodiversity Areas and within 100 m from a watercourse. Key changes to this trigger are:
The inclusion of Biodiversity Areas
Areas outside urban areas and in
particular areas seawards of the
development setback line or within 1
km from the High Water Mark, as well
as areas on the watercourse side of the
development setback line or within 100
The proposed project includes the
development of a road wider than 4 m with a
reserve less than 13,5 m. The proposed area
for development is outside an urban area.
13
m from the edge of a watercourse
where no such setback line has been
determined
10 10
The development of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 m2. This is applicable to all areas outside urban areas and specified areas inside urban areas e.g. areas within 100 m from the edge of a watercourse where no such setback line has been determined. There appear to be no material changes to the
meaning and intent of the activity.
The proposed project will entail the
development of facilities or infrastructure for
the storage, or storage and handling of a
dangerous good, where such storage occurs in
containers with a combined capacity of 30 but
not exceeding 80 m2. The proposed area for
development is outside an urban area.
12 12
Clearing of 300 m2 of indigenous vegetation,
except where needed for maintenance in
accordance with a maintenance plan. This
applies in certain receiving environments e.g.
CBAs.
Key changes to this trigger are:
The requirement that 75% of the
vegetation must be indigenous, no
longer applies. The trigger now refers
to 300 m2 of indigenous vegetation,
irrespective of the degree of alien
infestation.
Areas where the topsoil has been
lawfully disturbed during the preceding
ten years, are also exempt.
When such clearing is for maintenance
purposes, in terms a maintenance
plan, it is exempt. This is a new
addition and was not included in GN
544(12).
The proposed project may require the clearing
of 300 m2 indigenous vegetation.
19 18
The widening of a road by more than 4 m, or the lengthening of a road by more than 1 km. This applies in certain receiving environments outside urban areas which contain indigenous vegetation, amongst other areas, as well as within urban areas zoned for conservation use or designated for conservation use in Spatial Development Frameworks.
The proposed project includes the widening of a road by more than 4 m, or the lengthening of a road by more than 1 km. The proposed area for development is outside the urban area.
14
Key changes to this trigger is the exclusion of areas zoned for public open space within urban areas.
15
TABLE 2: FULL TEXT OF RELEVANT 2010 AND 2014 LISTED ACTIVITIES
GN 544
2010
Activity
number
Description
GN 983
2014
Activity
number
Description
10
The construction of facilities or infrastructure for the
transmission and distribution of electricity –
(i) Outside urban areas or industrial
complexes with a capacity of more
than 33 but less than 275 kilovolts; or
(ii) Inside urban areas or industrial
complexes with a capacity of 275
kilovolts or more;
11
The development of facilities or infrastructure for the
transmission and distribution of electricity –
(i) Outside urban areas or industrial
complexes with a capacity of more than 33
but less than 275 kilovolts; or
(ii) Inside urban areas or industrial complexes
with a capacity of 275 kilovolts or more;
11
The construction of:
(i) canals;
(ii) channels;
(iii) bridges;
(iv) dams;
(v) weirs;
(vi) bulk storm water outlet structures;
(vii) marinas;
(viii) jetties exceeding 50 square metres in
size;
(ix) slipways exceeding 50 square metres in
size;
(x) buildings exceeding 50 square metres in
size; or
(xi) infrastructure or structures covering 50
square metres or more
where such construction occurs within a
watercourse or within 32 metres of a
watercourse, measured from the edge of
a watercourse, excluding where such
construction will occur behind the
development setback line.
12
The development of
(i) Canals exceeding 100 square meters in size.
(ii) Channels exceeding 100 square meters in size.
(iii) Bridges exceeding 100 square meters in size.
(iv) Dams where the dam, including dam infrastructure
and water surface area exceeds, 100 square meters
in size.
(v) Weirs where the weir, including weir infrastructure
and water surface area exceeds, 100 square meters
in size.
(vi) Bulk stormwater outlets exceeding 100 square
meters in size.
(vii) Marinas exceeding 100 square meters in size.
(viii) Jetties exceeding 100 square meters in size.
(ix) Slipways exceeding 100 square meters in size.
(x) Buildings exceeding 100 square meters in size.
(xi) Boardwalks exceeding 100 square meters in size.
(xii) Infrastructure exceeding 100 square meters in size.
Where such development occurs:
a) within a watercourse
b) in front of the development setback line
c) if no development setback line exists, within 32
metres of a watercourse, measured from the edge of
a watercourse.
13
The construction of facilities or infrastructure for the
storage, or for the storage and handling, of
dangerous good, where such storage occurs in
containers with a combined capacity of 80 but not
exceeding 500 cubic metres.
14
The development of facilities or infrastructure, for the
storage, or for the storage and handling, of a dangerous
good, where such storage occurs in containers with a
combined capacity of 80 cubic metres or more but not
exceeding 500 cubic metres.
16
18
The infilling or depositing of any material of more
than 5 cubic metres into, or the dredging,
excavation, removal or moving of soil, sand, shells,
shell grit, pebbles or rock of more than 5 cubic
metres from:
(i) a watercourse,
(ii) the sea,
(iii) seashore,
(iv) the littoral active zone, an estuary or a
distance of 100 metres inland of the high
water mark of the sea or an estuary,
whichever distance is the greater –
but excluding where such infilling, depositing,
dredging, excavation, removal or moving (a) is for
maintenance purposes undertaken in accordance
with a management plan agreed to by the relevant
authority, or (b) occurs behind the development
setback line.
19
The infilling or depositing of any material of more than 5
cubic metres into, or the dredging, excavation, removal or
moving of soil, sand, shells, shell grit, pebbles or rock of
more than 5 cubic metres from:
(i) a watercourse
(ii) the seashore,
(iii) the littoral active zone, an estuary or a distance
of 100 metres inland of the high water mark of
the sea or an estuary, whichever distance is the
greater –
but excluding where such infilling, depositing, dredging,
excavation, removal or moving
(a) will occur behind the development setback
(b) will occur for maintenance purposes undertaken in
accordance with a management plan agreed to by the
relevant authority, or
(c) falls within the ambit of activity 21 in this notice, in which
case that activity applies.
22
The construction of a road, outside urban areas,
(i) with a reserve wider than 13,5 metres or,
(ii) where no reserve exists where the road is
wider than 8 metres, or
(iii) for which an environmental authorisation
was obtained for the route determination
in terms of activity 5 in Government
Notice 387 of 2006 or activity 18 in Notice
544 of 2010.
24
The development of-
(i) a road for which an environmental
authorisation was obtained for the route
determination in terms of activity 5 in the
Government Notice 387 of 2006 or activity
18 in Government Notice 545 of 2010; or
(ii) a road with a reserve wider than 13,5
metres, or where no reserve exists where
the road is wider than 8 metres;
but excluding-
(a) roads which are identified and included in
activity 27 in Listing Notice 2 of 2014; or
(b) roads where the entire road falls within an
urban area.
27
The decommissioning of existing facilities or
infrastructure, for –
(i) electricity generation with a threshold of
more than 10MW;
(ii) electricity transmission and distribution
with a threshold of more than 132kV;
(iii) nuclear reactors and storage of nuclear
fuel;
(iv) activities, where the facility or the land on
which it is located is contaminated;
31
The decommissioning of existing facilities, structures or
infrastructure for-
(i) any development and related operation activity or
activities listed in this Notice, Listing Notice 2 of 2014 or
Listing Notice 3 of 2014;
(ii) any expansion and related operation activity or
activities listed in this Notice, Listing Notice 2 of 2014 or
Listing Notice 3 of 2014;
(iii) any development and related operation activity or
activities and expansion and related operation activity or
activities listed in this Notice, Listing Notice 2 of 2014 or
Listing Notice 3 of 2014;
(iv) any phased activity or activities for development and
related operation activity or expansion or related operation
activities listed in this Notice or Listing Notice 3 of 2014; or
(v) any activity regardless the time the activity was
commenced with, where such activity: (a) is similarly listed
17
(v) storage, or storage and handling, of
dangerous goods of more than 80 cubic
metres;
but excluding any facilities or infrastructure that
commenced under an environmental authorisation
issued in terms of the Environmental Impact
Assessment Regulations, 2006 made under 24(5) of
the Act and published in Government Notice No. R.
385 of 2006, or Notice No. 543 2010.
to an activity in (i), (ii), (iii), or (iv) above; and (b) is still in
operation or development is still in progress;
excluding where-
(aa) activity 22 of this notice applies; or
(bb) the decommissioning is covered by part 8 of the
National Environmental Management: Waste Act, 2008
(Act No. 59 of 2008) in which case the National
Environmental Management: Waste Act, 2008 applies.??
39
The expansion of
(i) canals;
(ii) channels;
(iii) bridges;
(iv) weirs;
(v) bulk storm water outlet structures;
(vi) marinas;
within a watercourse or within 32 metres of a
watercourse, measured from the edge of a
watercourse, where such expansion will result in
an increased development footprint but excluding
where such expansion will occur behind the
development setback line.
48
The expansion of- .
(i) canals where the canal is expanded by 100 square
metres or more in size ;
(ii) channels where the channel is expanded by 100
square metres or more in size ;
(iii) bridges where the bridge is expanded by 100 square
metres or more in size;
(iv) dams, where the dam, including infrastructure and
water surface area, is expanded by 100 square metres or
more in size;
(v) weirs, where the weir, including infrastructure and
water surface area, is expanded by 100 square metres or
more in size;
(vi) bulk storm water outlet structures where the bulk
storm water outlet structure is expanded by 100 square
metres or more in size; or
(vii) marinas where the marina is expanded by 100
square metres or more in size;
where such expansion or expansion and related
operation occurs-
(a) within a watercourse;
(b) in front of a development setback; or
(c) if no development setback exists, within 32 metres of
a watercourse, measured from the edge of a
watercourse; excluding-
(aa) the expansion of infrastructure or structures within
existing ports or harbours that will not increase the
development footprint of the port or harbour;
(bb) where such expansion activities are related to the
development of a port or harbour, in which case activity
26 in Listing Notice 2 of 2014 applies;
(cc) activities listed in activity 14 in Listing Notice 2 of
2014 or activity 14 in Listing Notice 3 of 2014, in which
case that activity applies;
(dd) where such expansion occurs within an urban area;
or
(ee) where such expansion occurs within existing roads
or road reserves.
47
The widening of a road by more than 6 metres, or
the lengthening of a road by more than 1 kilometre
–
56
The widening of a road by more than 6 metres, or the
lengthening of a road by more than 1 kilometre –
18
(i) where the existing reserve is wider
than 13,5 metres; or
(ii) where no reserve exists, where the
existing road is wider than 8 metres –
excluding widening or lengthening occurring inside
urban areas.
(iii) where the existing reserve is wider than
13,5 metres; or
(iv) where no reserve exists, where the existing
road is wider than 8 metres –
excluding widening or lengthening occurring inside
urban areas.
19
GN 545
2010
Activity
number
Description
GN 984
2014
Activity
number
Description
1 The construction of facilities or infrastructure for the
generation of electricity where the electricity output
is 20 megawatts or more. 1
The development of facilities or infrastructure for the
generation of electricity from a renewable resource where
the electricity output is 20 megawatts or more, excluding
where such development of facilities or infrastructure is for
photovoltaic installations and occurs within an urban area.
3 The construction of facilities or infrastructure for the
storage of a dangerous good, where such storage
occurs in containers with a combined capacity of
more than 500 cubic metres.
4
The development of facilities or infrastructure, for the
storage, or storage and handling of a dangerous good,
where such storage occurs in containers with a combined
capacity of more than 500 cubic metres.
8 The construction of facilities or infrastructure for the
transmission and distribution of electricity with a
capacity of 275 kilovolts or more, outside an urban
area or industrial complex.
9
The development of facilities or infrastructure for the
transmission and distribution of electricity with a capacity
of 275 kilovolts or more, outside an urban area or industrial
complex.
GN 546
2010
Activity
number
Description
GN 985
2014
Activity
number
Description
4
The construction of a road wider than 4 metres with
a reserve less than 13,5 metres
- Geographical areas in the Western Cape province
to which this activity is applicable includes:
(d) i. In an estuary
ii. In urban areas;
(aa) Areas zoned for use as public open space
within urban areas; and
(bb) Areas designated for conservation use in
Spatial Development Frameworks adopted by the
competent authority, or zoned for conservation
purpose;
4
The development of a road wider than 4 metres with a reserve less than 13,5 metres (h) In Western Cape: i. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; ii. Outside urban areas, in: (aa) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined; (bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined; or (cc) Areas on the estuary side of the development setback line or within an estuarine functional zone where no such setback line has been determined.
10
The construction of facilities or infrastructure for the
storage of a dangerous good, where such storage
occurs in containers with a combined capacity of
between 30 and not exceeding 80 cubic metres.
- Geographical areas in the Western Cape province
to which this activity is applicable includes:
(d) i. In an estuary
ii. All areas outside urban areas;
i. Inside urban areas
10
The development of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 cubic metres. (g) In Western Cape: i. All areas outside urban areas; or ii. Inside urban areas: (aa) Areas seawards of the development setback line or within 200 metres from the high-water mark of the sea if no such development setback line is determined; (bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined; or
20
(aa) Areas seawards of the development setback
line or within 200 metres from the high-water mark
of the sea if no such development setback line is
determined;
(bb) Areas on the watercourse side of the
development setback line or within 100 metres from
the edge of a watercourse where no such setback
line has been determined;
(cc) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined.
12
The clearance of an area of 300 square metres or
more of vegetation where 75% or more of the
vegetative cover constitutes indigenous vegetation:
a) Within any critically endangered or
endangered ecosystem listed in
terms of section 52 of the NEMBA or
prior to the publication of such a list,
within an area that has been
identified as critically endangered in
the national Spatial Biodiversity
Assessment 2004;
b) Within critical biodiversity areas
identified in bioregional plans;
c) Within littoral active zone or 100
meters inland from high water mark
of the sea or an estuary, whichever
distance is the greater, excluding
where such removal will occur
behind the development setback line
on erven in urban areas.
12
The clearance of an area of 300 square metres or more of
indigenous vegetation except where such clearance is
required for maintenance purposes undertaken in
accordance with a maintenance management plan.
a) In Western Cape
i. Within any critically endangered or endangered
ecosystem listed in terms of section 52 of the
NEMBA or prior to the publication of such a list,
within an area that has been identified as
critically endangered in the national Spatial
Biodiversity Assessment 2004;
ii. Within critical biodiversity areas identified in
bioregional plans;
iii. Within littoral active zone or 100 meters inland
from high water mark of the sea or an estuary,
whichever distance is the greater, excluding
where such removal will occur behind the
development setback line on erven in urban
areas.
iv. On land, where, at the time of the coming into
effect of this Notice or thereafter such land was
zoned open space, conservation or had an
equivalent zoning.
19
The widening of a road by more than 4 metres, or
the lengthening of a road by more than 1 kilometre.
- Geographical areas in the Western Cape province
to which this activity is applicable includes:
(d) i. In an estuary
ii. All areas outside urban areas;
v. Inside urban areas
(aa) Areas zoned for public open space within urban
areas; and
18
The widening of a road by more than 4 metres, or the lengthening of a road by more than 1 kilometre. (f) In Western Cape: All areas outside urban areas: (aa) Areas containing indigenous vegetation; (bb) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined; or ii. In urban areas: (aa) Areas zoned for conservation use; or (bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority.
21
(bb) Areas designated for conservation use in
Spatial Development Frameworks adapted by the
competent authority, or zoned for conservation
purpose, within urban areas.
It is concluded that for the Amendment Application for the proposed Wolseley WEF that all activities triggered
under the EIA Regulations 2014 and its Listing Notices have been fully assessed in the EIA process previously
undertaken, and as documented in the final EIR, and as previously authorised under the NEMA and the EIA
Regulations 2010 and its Listing Notices.
22
3. Findings of the Assessment and Motivation for Amendment
The proposed WEF, and its associated infrastructure, was authorised by the DEADP on 11 June 2013 and
subsequent amendments on 29 April 2014.
The proposed project as described in the EA is requested to be amended as described in Section 1.1 above. The
amendment relates to a change in turbine specifications (generating capacity, height and rotor diameter), as well
as the administrative change involving the elimination of the maximum MW produced per turbine in the EA. The
number of turbines to be installed and the layout will be the same as that assessed in the original EIA and as
authorised.
The potential impacts associated with the change in turbine specifications are discussed in below, and compared
to the extent of each impact as identified through the original EIA process.
The site is located south of Wolseley in the Witzenberg Municipality of the Western Cape. The project is proposed
on the following farms:
Farm Romans Rivier RE/320
Farm Romans Rivier No. 22/320
Farm De Liefde C RE/334
Farm De Liefde C No. 5/334
Farm De Liefde RE/6/323
Farm Kleineberg No. 64/208
Farm Vaalvlei RE/324
Farm Kleineberg RE/21/208 (Farms name is “Tevrede” which is a subdivision of Kleineberg 208)
Farm De Liefde No. 7/323 (Portion 7 is a portion of Portion 6 of De Liefde 323)
After due consideration of the proposed development, associated impacts identified and assessed by the
technical specialists during the EIA process, and the inputs from the local community, the EAP concluded, during
the original EIA process, that the positive impact of producing renewable energy for South Africans outweighs any
of the potential negative impacts. The EAP, however, recommended that negative impacts should, however be
mitigated as far as possible by adhering to the mitigation measures and management actions contained within the
draft Environmental Management Plan (EMP) submitted and approved.
23
The following environmental sensitivities and potential impacts were identified during the original EIA process
for the operational phase of the proposed WEF and its associated infrastructure with mitigation measures applied:
Visual impacts – Medium to Low negative
Impacts on avifauna – Low negative
Impacts on bats – Medium negative
Noise impacts – Low negative
It was concluded in the final EIR that the potential positive impacts identified for the construction phase
outweighed the negative impacts. This was concluded when weighing up the fact that the permanent operational
footprint is small and that all the negative biophysical impacts could be adequately mitigated, juxtaposed with fact
that that the area has a pressing need for economic upliftment and employment.
Understanding the nature and extent of the proposed amendment to the turbine specifications, and the fact that
there will be no change in layout assessed within the original EIA process, the potential for the change in the
significance of the impact as assessed in the original EIA for the following is required and has been assessed and
evaluated for:
Impacts to the avifauna
Impacts to bats
Visual impacts
The potential for change in the significance of impacts is discussed below, and detailed in the specialist reports/
letters attached in Appendices D – F:
Avifauna impacts (Appendix D): The proposed changes to the turbine dimensions do not materially
change the findings and recommendations of the Bird Impact Assessment Study which was
completed in February 2013 (for the original EIA process), or the final avifaunal pre-construction
monitoring report which was subsequently completed in August 2013. The mitigation measures
proposed within the original Avifauna Impact Assessment therefore still apply with no additional
mitigation measures/ management actions suggested.
Bat impacts (Appendix E): The proposed amendments in turbine specifications may be significant
to the impacts on bats due to the fact that an increased rotor diameter increases the airspace in which
bat mortality may occur. The lowest height of the blades above the ground has slightly decreased
resulting in less ground clearance. Additionally, the highest point of the blades has increased. With
regards to utilizing turbines with a lower blade ground clearance, a negative correlation was found
between bat activity and height from the ground (higher microphones detected less bat activity than
lower microphones). Thus the risk of impacts on species of concern may increase with a lower blade
ground clearance.
Turbines numbered 4, 5, 11, 13, 28 and 29 are located directly on or near the border of high bat
sensitivity buffers. Should there be an increase in the eventual turbine size selected, it will result in
an encroachment on these high sensitivity buffers. Therefore it is recommended, in the case where a
larger turbine is selected, that the current turbine layout be amended and the above mentioned
24
turbines foundation localities be moved at least 30 m further away from the high sensitivity buffer
zones. If this is not possible these turbines would have to be subjected to a special, more stringent,
mitigation regime, which may require increased wind cut in speeds.
In general across the entire WEF the proposed increase in rotor diameter is expected to result in a
slight increased probability for impact (negative) on bats by the wind turbines. This increased risk
must be accounted for during the design of the operational bat monitoring study. If the results of the
operational bat monitoring study indicate a need for mitigation, mitigations will have to be applied
promptly. Additionally, the mitigation schedule that may be proposed from the operational phase
monitoring results, must consider the increased rotor diameter and thereby may need to be subject
to slight adjustments of parameters. Once the first year of operational monitoring has been
completed, the mitigation may be adjusted further, depending on the data collected.
Visual impacts (Appendix F): The significance of the visual impact change caused by the taller
turbine tower and longer blade, on the landscape and setting relative to those assessed in the original
Visual Impact Report produced for the original EIA process, are medium to low for the increase in
visual intrusion and extent of flicker and low for the effect on the landscape character, sense of place
and visual quality. The conclusion drawn by the visual specialist from the descriptions of visual
impact increase is that the overall significance of the change in height of the tower and the increase
in blade length ranges from medium for visibility within 500 m of a turbine to low for distances well
beyond that distance. The specialist does not recommend and changes to the mitigation measures
originally recommended and contained within the final EIR and draft EMP.
From the above it can be seen that no new potential environmental impacts (negative or positive) of the proposed
changes in turbine specifications have been identified by the technical specialists, except for the bat specialist, as
detailed above. The proposed administrative changes to the EA are merely administrative and will not change the
potential environmental impacts as previously assessed in the EIA process undertaken.
Thus all the potential impacts of constructing, operating and decommissioning the proposed Wolseley WEF and
its associated infrastructure, with turbines of the new specifications, have been identified and assessed and are as
documented in the final EIR dated March 2013, as well as this Report and its Appendices.
No further mitigation measures or management actions have been proposed to avoid or ameliorate any potential
negative impacts, and as such it is recommended that the draft EMP as authorised by the DEA remains unchanged,
and has such has not been revised and appended to this Report.
25
4. Public Participation and Authority Consultation Process
As required by the Competent Authority, a Public Participation Process (PPP), as well as an Authority Consultation
Process was undertaken (see Appendix B).
The PPP aimed to inform all Interested and Affected Parties (I&APs) and Organs of State, who were registered in
the original PPP, of the proposed amendments to the EA. An updated list of Registered I&APs is provided in
Appendix G1.
I&APs and Organs of State were enlightened as to whether any activities (similarly/ newly listed) listed in GN No.
983, R 984 and 985 of 4 December 2014, are applicable to the Amendment Application. The potential impacts of
any new listed activities that may be triggered in terms of the EIA Regulations 2014 were also highlighted.
I&APs and Organs of State were informed in writing of the proposed amendments, and the potential changes to
the significance of predicted impacts and proposed mitigation measures as was documented and communicated
in the original EIA process, and were given a 30-day period to provide comment thereon (see Appendix G2 for
copies of the notifications). This Comment Period ran from 14 May to 12 June 2015. Written notification of the
availability of this Report and the opportunities for comment was sent to all I&APs and Organs of State registered
during the previous EIA process.
This Report was made available for review from the start of the Comment Period at:
SAGIT website: http://www.sagitenergy.co.za/
Lithon Office: Ground Floor, Liesbeeck House, River Park, Mowbray (08h00 to 17h00 M-Fri)
SAGIT Office: Second Floor, Oakdale House, The Oval, Claremont (08h00 to 17h00 M-Fri)
Wolseley Public Library, Essel Street, Wolseley (09h00 to 17h00 M-Fri and 09h00 to 12h00 first and last
Sat of the month)
All comments received from I&APs by the PPP Office, as well as those received from Organs of State/ Government
Departments, are included in Appendix G3 and have been responded to in a Comments and Response Report
(CRR), which is appended to this final version of the Amendment Application Report as Appendix G4.
26
5. Conclusion and Recommendations
No significant change in visual or bird (avifauna) impacts have been predicted by the specialists to those predicted
in the original EIA process.
As a precaution, and due to a slight increased probability for impact (negative) on bats by the larger wind turbines
it is recommended that the increased risk must be accounted for during the design of the operational bat
monitoring study. If the results of the operational bat monitoring study indicate a need for mitigation, mitigations
will have to be applied promptly. Additionally, the mitigation schedule that may be proposed from the operational
phase monitoring results, must consider the increased rotor diameter and thereby may need to be subject to slight
adjustments of parameters. Once the first year of operational monitoring has been completed, the mitigation may
be adjusted further, depending on the data collected.
It is therefore concluded that the proposed changes to the turbine specifications, as well as the administrative
changes proposed to the EA for the Wolseley WEF and its associated infrastructure will not alter the impact
significance ratings for impacts as assessed in the EIA process previously undertaken, documented, communicated
and authorised.
The significance of the impacts assessed in the original EIA and the management actions/ mitigation measures
proposed therefore remains unchanged. In addition, there are no new impacts identified as a result of the
proposed amendments and the EIA Regulations 2014 and its Listed Activities.
SAGIT Energy Ventures (Pty) Ltd formally requests that the wording within the authorisation in terms of the
project description be amended to accommodate this change to turbine specification and the elimination of the
MW produced per turbine. This request is made in terms of Condition 6 of the EA and Regulation 39(1) of the EIA
Regulations 2010.
27
6. Way Forward
This finalised Amendment Report will be submitted to the Competent Authority, DEADP, for review and decision-
making.
The conditions stipulated in the EA issued on 11 June 2013 and subsequently on 29 April 2014 (DEADP Ref:
16/3/1/5/B5/16/1007/14) remain the only conditions applicable until such time a decision on this Amendment
Application is taken.
I&APs and Organs of State registered within the EIA process will be informed of the DEADP’s decision and
provided with details with respect to their right to appeal any decision made.
Jaana-Maria Ball
Technical Executive: Environmental Services
for LITHON PROJECT CONSULTANTS (PTY) LTD