Consequences of no EIA!

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Richprins
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Consequences of no EIA!

Post by Richprins »

Lowvelder:

http://www.looklocal.co.za/looklocal/co ... ht-to-book

York Timbers brought to book

A great victory for environmentalists in South Africa occurred last week when York Timbers was brought to book by the court for contravening the Environmental Act.

11 April 2013 | Tereasa Ferrari

NELSPRUIT - York Timbers appeared in the Regional Court on April 4 on charges of contravening the Environmental Act. The court granted a confiscation order against York Timbers which will result in hefty financial penalties.

This was after it was found guilty of having scraped a forestry track wider without first having carried out the necessary environmental impact study.

The company was ordered to pay R450 000, plus interest, being the amount that it saved by neglectiong to obtain an environmental authorisation prior to the commencement of a listed activity, as required by the National Environmental Management Act 107 of 1998 (Nema).

The granting of the confiscation order of R450 000 followed a sentence of R180 000 handed down by the Nelspruit Regional Court after York Timbers pleaded guilty to the commencement of a listed activity in the absence of an environmental authorisation in contravention of Section 24F of Nema.

Prosecutor Adv Kobus van der Walt said the company had deliberately evaded Nema to save money and could now be paying costs up to an approximate total of R700 000. York Timbers, which is one of the greatest forestry companies in South Africa and was previously known as Global Sawmills, with its head offices in Sabie, had committed the offence in November 2007.

The representative of the company in court was Mr David Mallach-Brown.
Van der Walt said the company had deliberately failed to comply with legislation of Nema, in order to save the company R450 000. He said the law was there to ensure companies informed authorities of the environmental impact their construction would cause and how it would then rectify the damage.

"York Timbers' benefit was similar to tax or customs and excise duty evasion, which was the deliberate avoidance or evasion of a regulatory regimen and the financial consequences thereof."

Defence attorney Mr Richard Spoor said York Timbers had pleaded guilty of widening a forestry track but had felt it had not damaged the environement.

Spokesman for the department of environment affairs, Mr Albi Modise, welcomed the court's groundbreaking judgment.

"Although this type of order, granted under the Prevention of Organised Crime Act, Act 121 of 1998, has previously been used to deprive offenders of the benefits obtained from wildlife crimes, this is the first successful application for such an order relating to a contravention of environmental impact assessment legislation in South Africa."

Modise said it was hoped that this would not only provide an appropriate sanctions for existing offenders, but would also send a strong deterrent message to people and companies who might be thinking of engaging in similar unlawful activities



This may seem to have nothing to do with Kruger, but a close look at the stipulations of the Act show that there can be heavy implications for offenders disturbing nature without adequate preparation!

These guys widened a dirt track.

Surely the same should apply to SANParks? While the hotels have some sort of process ongoing, smaller developments like new picnic spots have simply gone ahead. Maybe someone can find the EIA's for these projects...I couldn't!


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iNdlovu
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Re: Consequences of no EIA!

Post by iNdlovu »

I don't recall seeing anything about an EIA for the toll road debacle on Chapman's Peak (although I could be wrong)


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Re: Consequences of no EIA!

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Here's a long list of the requirements...but just look at


(d) Resorts, lodges, hotels or other tourism and hospitality facilities in a protected area
contemplated in the National Environmental Management; Protected Areas Act, 2003


LIST OF PROJECTS REQUIRING AN ENVIRONMENTAL IMPACT ASSESSMENT-APPENDIX 13-2
The activities for which an Environmental Impact Assessment is required in terms of section
24(2)(a) and (d) of the National Environmental Management Act, as promulgated in Government
Notice R387, are listed below.


1. The construction of facilities or infrastructure, including associated structures or
infrastructure, for:
(a) The generation of electricity where:
(i) The electricity output is 20 megawatts or more; or
(ii) The elements of the facility cover a combined area in excess of 1 hectare;
(b) Nuclear reaction including the production, enrichment, processing, reprocessing,
storage or disposal of nuclear fuels, radioactive products and waste;
(c) The above ground storage of a dangerous good, including petrol, diesel, liquid
petroleum gas or paraffin, in containers with a combined capacity of 1 000 cubic metres
or more at any one location or site including the storage of one or more dangerous
goods, in a tank farm;
(d) The refining of gas, oil and petroleum products;
(e) Any process or activity which requires a permit or licence in terms of legislation
governing the generation or release of emissions, pollution, effluent or waste and
which is not identified in Government Notice No. R, 386 of 2006;
(f) The recycling, re-use, handling, temporary storage or treatment of general waste with a
throughput capacity of 50 tons or more daily average measured over a period of 30 days;
(g) The use, recycling, handling, treatment, storage or final disposal of hazardous waste;
(h) The manufacturing, storage or testing of explosives, including ammunition, but
excluding licensed retail outlets and the legal end use of such explosives;
(i) The extraction or processing of natural gas including gas from landfill sites;
(j) The bulk transportation of dangerous goods using pipelines, funiculars or conveyors
with a throughput capacity of 50 tons or 50 cubic metres or more per day;
(k) The landing, parking and maintenance of aircraft, excluding unpaved landing strips
shorter than 1,4 kilometres in length, but including:
(i) Airports;
(ii) Runways;
(iii) Waterways; or
(iv) Structures for engine testing;
(I) The transmission and distribution of above ground electricity with a capacity of 120
kilovolts or more;
(m) Marine telecommunications;
(n) The transfer of 20 000 cubic metres or more water between water catchments or
impoundments per day;
(o) The final disposal of general waste covering an area of 100 square metres or more or
200 cubic metres or more of airspace;
(p) The treatment of effluent, wastewater or sewage with an annual throughput capacity
of 15 000 cubic metres or more;
(q) The incineration, burning, evaporation, thermal treatment, roasting or heat
sterilisation of waste or effluent, including the cremation of human or animal tissue;
(r) The microbial deactivation, chemical sterilisation or non-thermal treatment of waste or
effluent;
(s) Rail transportation, excluding railway lines and sidings in industrial areas and
underground railway lines in mines, but including:
(i) Railway lines;
(ii) Stations; or
(iii) Shunting yards;
(t) Any purpose where lawns, playing fields or sports tracks covering an area of 10 hectares
or more, will be established.
2. Any development activity, including associated structures and infrastructure, where the total
area of the developed area is, or is intended to be, 20 hectares or more.
3. The construction of filling stations, including associated structures and infrastructure, or any
other facility for the underground storage of a dangerous good, including petrol, diesel,
liquid petroleum gas or paraffin.
4. The extraction of peat.
5. The route determination of roads and design of associated physical infrastructure, including
roads that have not yet been built for which routes have been determined before the
publication of this notice and which has not been authorised by a competent authority in
terms of the Environmental Impact Assessment Regulations, 2006 made under section 24(5)
of the Act and published in Government Notice No. R. 385 of 2006, where:
(a) It is a national road as defined in section 40 of the South African National Roads Agency
Limited and National Roads Act, 1998 (Act No. 7 of 1998);
(b) It is a road administered by a provincial authority;
(c) The road reserve is wider than 30 metres; or
(d) The road will cater for more than one lane of traffic in both directions.
6. The construction of a dam where the highest part of the dam wall, as measured from the
outside toe of the wall to the highest part of the wall, is 5 metres or higher or where the
high water mark of the dam covers an area of 10 hectares or more.
7. Reconnaissance, exploration, production and mining as provided for in the Mineral and
Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended in respect of
such permits and rights.
8. In relation to permits and rights granted in terms of 7 above, or any other right granted in
terms of previous mineral legislation, the undertaking of any reconnaissance exploration,
production or mining related activity or operation within a exploration, production or
mining area, as defined in terms of section of 1 of the Mineral and Petroleum Resources
Development Act, 2002 (Act No. 28 of 2002).
9. Construction or earth moving activities in the sea or within 100 metres inland of the high
water mark of the sea, excluding an activity listed in item 2 of Government Notice No. R. 386
of 2006 but including construction or earth moving activities in respect of:(a) Facilities associated with the arrival and departure of vessels and the handling of cargo;
(b) Piers;
(c) Inter- and sub-tidal structures for entrapment of sand;
(d) Breakwater structures;
(e) Rock revetments and other stabilising structures;
(f) Coastal marinas;
(g) Coastal harbours;
(h) Structures for draining parts of the sea;
(i) Tunnels; or
(j) Underwater channels.
10. Any process or activity identified in terms of section 53(1) of the National Environmental
Management: Biodiversity Act, 2004 (Act No. 10 of 2004).


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