Department of Environmental Affairs on the proposed of the withdrawal of the declaration of a portion of the Lowveld Botanical Garden

Meeting report

The Department of Environmental Affairs and Tourism (DEAT) briefed the Committee on the proposed withdrawal of a declaration of a portion of the Lowveld National Botanical Gardens (LNBG).

Background
Mr Dumisani Mthembu, Director: Environmental Impact Evaluation, DEAT, explained that the South African National Roads Agency Limited (SANRAL) had lodged an application for the authorisation of the Nelspruit Northern Ring Road. The application was submitted in terms of GNR 385 and GNR 387 on 21 April 2006. The route would cut through a 1.47 hectare portion of the northern border of the Lowveld National Botanical Gardens (LNBG). The Department was positive that the Record of Decision (ROD) complied with all the requirements. It was issued in April 2008.

EIA Process and Public Participation
Mr Mthembu explained that the application was based on section 24C (2) of the National Environmental Management and Biodiversity Act and section 3 of Regulation 385. Public participation was carried out in accordance with Regulation 56, which required notice to be given to all potentially interested and affected parties, on site, near the site, within 100 metres of the site, local councillor, municipalities and organs of state. Adverts were placed in local papers and a register of interested and affected parties was kept.

The stakeholders that were identified and consulted included the DEAT; Mbombela Local Municipality; Wildlife and Environment Society of South Africa; South African Heritage Resources Agency; National Department of Agriculture; Mpumulanga Department of Agriculture and Land Affairs; South African National Botanical Institute and the adjoining land owners.

Issues raised and response
Mr Mthembu said that the issues that were raised included the ecological impact, visual impact, noise impact, socio-economic impact, hydrological impart as well as the soil and agricultural potential.

A wetland and riparian zone delineation study was conducted as well as specialist studies on each of the matters above.

The specialist studies were considered and included in the final ROD. (Ref cond 1:32)

He stated that an obligation was placed on SANRAL to comply with any other statutory requirements that may be applicable. (Ref Cond 1:38) One such obligation was the application for withdrawal of the declaration.

Ms Wilma Lutsch, Director: Conservation and Biodiversity, DEAT, continued, mentioned that according to section 34 (1) of the National Environmental Management and Biodiversity Act 10 of 2004, a declaration of withdrawal would require a resolution form both Houses of Parliament.

Withdrawal process

The proposed amendment of declaration of the LNBG was gazetted in Notice 320 of 2009 (27 March 2009). No comments were received. No existing or planned future services of the LNBG were affected by the proposed road. The land in question was natural vegetation that was not accessible by visitors.

Discussion
Mr D Worth (DA, Free State) requested further information about the potential noise impact.

Ms Nosipho Ngcaba, Director-General, DEAT, replied that the Department had a file that dealt with all the responses. The potential noise impact was found to be of little significance.

Mr O De Beer (Cope, Western Cape) expressed concerns about the potential socio-economic impact.

Ms B Mabe (ANC, Gauteng) stated that including the comments of affected parties would have been of great assistance.

Ms A Qikani (ANC; Eastern Cape) echoed Ms Mabe’s comment.

Ms Ngcaba replied that she was not an authority on socio-economic concerns and was therefore unable to say whether it would be a positive or negative force for the local economy. She reminded the Committee that her domain was environmental affairs.

Ms N Magadla (ANC, KZN) enquired as to the urgency of this process.

Ms Ngcaba replied that it was an urgent project and that they intended to complete it before the 2010 World Cup. She further stated that the Environment Risk Assessment was completed.

Mr Mthembu stated that the Department had looked at all the issues raised by the stakeholders, including the monitoring of noise levels. In addition, he pointed out that the every decision taken by the DEAT could be appealed.

Ms Qikani then read out a draft letter addressed to the Minister on the issue, stating disproval with the process followed but nevertheless approving the withdrawal of the declaration.

Members supported this position and the withdrawal of the declaration was approved.

Adoption of minutes
Mr De Beer proposed that the minutes of the meeting for10 February 2010 be adopted.

No objections were raised and the minutes were adopted without amendments.

The meeting was adjourned.