Notice is given in terms of Regulation 4. (2) of Government Notice (GN) No. R.982 in Government Gazette No. 38282 (04 December 2014) of the National Environmental Management Act, 1998 (Act No.107 of 1998), as amended (NEMA), that the Gauteng Department of Agriculture and Rural Development (GDARD) has granted Gibela Rail Transport Consortium RF (Pty) Ltd (hereafter referred to as Gibela) a positive Environmental Authorisation (EA) on Tuesday 01 September 2015 and further amended the EA on Tuesday, 06 October 2015 for the proposed construction of bulk services as part of a development of a factory plant for the manufacturing of new rolling stock of train carriages all to be developed on Portion 23 of the Farm Grootfontein 165 IR, in Nigel. The plant has been issued with a positive EA on Friday, 27 March 2015. The amended EA for the plant was also granted on Monday, 17 August 2015.

Please note that a copy of the EAs can be made available by Strategic Environmental Focus (Pty) Ltd (SEF) upon request.

For the EA issued on 01 September 2015:

In reaching the decision, the GDARD took, inter alia, the following into consideration–

1. a) The information contained in the Basic Assessment Report (BAR) received by the GDARD on 30 July 2015;
2. b) The comments received from and the registered interested and affected parties (I&APs) as included in the BAR;
3. c) Relevant information contained in the Departmental information base including –

* The Geographical Information System (GIS);

* Gauteng Conservation Plan Version 3.3;

* The Gauteng Provincial Environmental Management Framework (GPEMF, 2015)

1. d) The objectives and requirements of relevant legislation, policies and guidelines, including Section 2 of the NEMA.

Below is the summary of key factors considered by the GDARD in making the decision:

2014. a) The public participation was conducted in accordance to the requirements of the Environmental Impact Assessment (EIA) regulations, 2014.
2015. b) The proposed bulk services are associated with the proposed PRASA manufacturing plant that will be established in Nigel.
2016. c) The proposed bulk services will cross sensitive watercourses.
2017. d) The specialist studies undertaken in fulfilment of the EIA process for the proposed installation of bulk services.
2018. e) The proposed mitigation measures contained in the Environmental Management Programme (EMP)

For the amended EA issued on 06 October 2015:

In reaching the decision, the GDARD took, inter alia, the following into consideration–

2015. a) The information contained in the amendment application received by the GDARD on 10 September 2015.
2016. b) The conditions contained in the EA issued on 01 September 2015.
2017. c) The objectives, principles and requirements of relevant legislation policies and guidelines, including Section 2 of the NEMA.

Below is the summary of key factors considered by the GDARD in making the decision:

3. a) The amendment requested is for the extension of the length and width of the bulk pipelines to approximately 3.7 kilometres in length, 30 metres in width as well as the overall 11.1 hectares in extent.
4. b) The proposed extensions will be located within the area that formed part of assessment and impacts were identified, reported on in the BAR.
5. c) The amendment is therefore considered Part One Amendment process as it only pertains to an extension of the length and width of the pipelines on areas that were assessed during the EIA process.
6. d) The re-routing of the bulk water pipeline had the likelihood of crossing the wetland; however, this has been avoided by re-routing the subject pipeline around the wetland area as indicated on Annexure 4 layout plan.
7. e) The rights and interest of the public will not be negatively affected by this amendment as this is not a substantive amendment.
8. f) All conditions set out in the initial EA dated 01 September 2015 are still applicable and must be implemented. In the event that such conditions contradict the contents of this Addendum to the initial EA, the conditions or contents of this Addendum to the initial EA shall prevail.

APPEAL PROCESS

Herewith, SEF notifies all registered I&APs of the issued EAs by the GDARD and the appeal process to be followed should you disagree with the decision. I&APs wishing to formally appeal this decision must ensure that they follow the following procedure, in accordance with Chapter 2 of the National Appeals Regulations, 2014:

Submission of appeals

4(1) An appellant must submit the appeal to the appeal administrator, and a copy of the appeal to the applicant, any registered interested and affected party and any organ of state with interest in the matter within 20 days from:

1. a) the date that the notification of the decision for an application for an environmental authorisation or a waste management licence was sent to the registered interested and affected parties by the applicant; or
2. b) the date that the notification of the decision was sent to the applicant by the competent authority, issuing authority or licensing authority, in the case of decisions other than those referred to in paragraph (a).

4(2) An appeal submission must be-

1. a) submitted in writing in the form obtainable from the appeal administrator; and
2. b) accompanied by-

(i) a statement setting out the grounds of appeal;

(ii) supporting documentation which is referred to in the appeal submission; and

(iii) a statement, including supporting documentation, by the appellant to confirm compliance with regulation 4(1) of these Regulations.

5. Responding statement

The applicant, the decision-maker, interested and affected parties and organ of state must submit their responding statement, if any, to the appeal authority and the appellant within 20 days from the date of receipt of the appeal submission.

Should you wish to appeal, please forward your Appeal (in writing), in accordance with the above regulations, to:

Gauteng Department of Agriculture and Rural Development

Attention: The Appeals Administrator

Fax: 011 240 3158/2700

Post: P.O. Box 8769, Johannesburg 2000; or

Hand: Ground Floor, Diamond Building, 11 Diagonal Street, Johannesburg

Email: appeals@gauteng.gov.za

Copies of the abovementioned documents should also be submitted to SEF:

Strategic Environmental Focus (Pty) Ltd

Attention: Mandla Zuma

Tel: 012 349 1307

Fax: 012 349 1229

E-mail: mandla@sefsa.co.za

Please note that your appeal must be submitted in the prescribed appeal form obtainable from the appeal administrator, Ms Tsholofelo Mere at telephone number 011 240 3204 or email address Tsholofelo.mere@gauteng.gov.za.

The Appeal must be lodged by no later than 20 days after the date of this notification (i.e. no later than Thursday, 05 November 2015).

Should you have any queries, please do not hesitate to contact me on the details provided above.

Yours sincerely

(Electronically signed)

Mandla Zuma

For Strategic Environmental Focus