ENVIRONMENTAL IMPACT ASSESSMENT (EIA) FOR THE PROPOSED NATIONAL ROAD 3: KEEVERSFONTEIN TO WARDEN (De Beers Pass Section) EIA REF NO: 12/12/20/1992

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1 ENVIRONMENTAL IMPACT ASSESSMENT (EIA) FOR THE PROPOSED NATIONAL ROAD 3: KEEVERSFONTEIN TO WARDEN (De Beers Pass Section) EIA REF NO: 12/12/20/1992 PUBLIC PARTICIPATION REPORT FOR THE FINAL EIR

2 TABLE OF CONTENTS 1. PURPOSE OF THIS REPORT PUBLIC PARTICIPATION PROCESS OBJECTIVES OF PUBLIC PARTICIPATION IN AN EIA PPP CHECKLIST DRAFT EIR REVIEW RADIO ANNOUNCEMENTS MEDIA ADVERTISEMENTS PLACING OF REPORTS AT PUBLIC VENUES PUBLIC OPEN DAYS/MEETINGS Ladysmith Public Open Day Tshiame Public Open Day Phuthaditjhaba Public Open Day Harrismith Public Open Day and Meeting Van Reenen Public Open Day and Meeting Warden Public Open Day and Meeting REPRESENTATION AT MEETINGS/PODS COMMENTS ON THE DRAFT EIR KEY ISSUES RAISED BY I&APS SOCIAL MOBILISATION POLITICAL FEATURES AVAILABILITY OF FINAL EIR TO THE PUBLIC NOTIFICATION OF AUTHORITY DECISION CONCLUDING REMARKS

3 1. PURPOSE OF THIS REPORT This report details the public participation process and associated activities which have been undertaken during the public review period for the Draft Environmental Impact Report (EIR). The public review period commenced on 19 December 2014 and ended on 19 June PUBLIC PARTICIPATION PROCESS The principles that govern communication with society at large are best embodied in the principles of the Environmental Management Act (NEMA) (Act 107 of 1998, Chapter 1), South Africa s overarching environmental law. Public Participation for environmental authorisation is guided by the EIA Process Regulation (GNR 385) and Guideline 4: Public Participation in support of the EIA Regulations (part of the guidelines for the implementation of Environmental Impact Assessment Regulations in terms of section 24(5) of the NEMA). 3. OBJECTIVES OF PUBLIC PARTICIPATION IN AN EIA Public participation is the involvement of all parties who potentially have an interest in a development or project, or may be affected by it, directly or indirectly. It is a process leading to a joint effort by stakeholders, technical specialists, the authorities and the proponent/developer who work together to produce better decisions than if they had acted independently. The objectives of public participation in an EIA are to provide sufficient and accessible information to stakeholders in an objective manner to assist them at different stages of the EIA to: 1 PROJECT ANNOUNCEMENT Know about the project and opportunities to participate in the EIA Comment, ask questions and raise issues to be addressed by the applicant and the Environmental Assessment Practitioner (EAP) Register as Interested and Affected Parties (I&APs) 2 SCOPING PHASE Identify issues of concern, and provide suggestions for enhanced benefits and alternatives Contribute local knowledge and experience Verify that their issues have been correctly captured and interpreted 3 IMPACT ASSESSMENT PHASE Verify that I&AP issues have been considered by the EIA Specialist Studies or elsewhere Comment on the findings of the EIA, including the measures that have been proposed to enhance positive impacts and reduce or avoid negative ones 4 SUBMISSION OF FINAL EIR Present the Final EIR to the decision makers for consideration. Notify I&APs of availability of report and opportunity of submitting comments directly to DEA. 5 DECISION-MAKING PHASE Be notified of the decision by the competent environmental authority on whether or not the project may proceed, and provide the opportunity for appeal Complete Complete Complete We are here To follow once the authorities have reviewed the final EIR 3

4 4. PPP CHECKLIST Table 1 lists the steps undertaken for the public participation process. The stakeholder list (database), Comments and Response Report (CRR) and copies of all relevant correspondence, are provided in Appendices W to AH. No Public participation tasks undertaken during Impact Reference/comment Assessment Phase in accordance with Plan of Study 1 Continued interaction with I&APs. Refer to Appendix X for letter notifying I&APs of the submission of the Final Scoping Report and additional progress update letters. 2 Database updated. Refer to a list of registered I&APs in Appendix W. 3 Queries and comments responded to and recorded. All issues and responses that were received on the Draft EIR were recorded in the Comments and Response Report which accompanies the Final EIR. 4 Issues and Response Report. All issues and responses that were received on the Draft EIR were recorded in the Comments and Response Report which accompanies the Final EIR. 5 EIA Team in continued contact with I&APs. Interactions are recorded in Appendices AE and AF. 6 Meetings held by EIA Team with key authorities and stakeholders as necessary. Public Open Days and Meetings on the Draft EIR were held as per Table 4. 7 I&APs timeously notified of the availability of the Draft EIR for public review. I&APs were notified as recorded in Appendix AE. 8 Draft EIR distributed for public review (40 day review period). 9 EIR amended in accordance with public review comments prior to submission of final EIR to DEA. 10 Registered I&APs notified when Environmental Authorisation is issued and informed of appeal procedure. In progress. The Draft EIR was made available for public review for a period of 180 days. The Draft EIR has been amended taking into consideration comments received during the public review period. To be undertaken when Environmental Authorisation has been issued. Table 1: Checklist of public participation activities undertaken in accordance with the Plan of Study for Impact Assessment 5. DRAFT EIR REVIEW To facilitate the review of the Draft EIR, a number of public participation activities were undertaken. These are described hereunder: 5.1 RADIO ANNOUNCEMENTS Live reads announcing the availability of the Draft EIR and the comment period were aired on various radio stations during the period 24 November 2014 to 05 December In order to reach a wider audience, live reads on various radio stations were provided in English, Afrikaans, Zulu and Sesotho, at different times (as shown in Table 2). 4

5 No Radio Station Language Times 1 Lotus FM English 06h00 09h00 09h00 12h00 2 Highveld English 06h00 09h00 15h00 19h00 3 Talk Radio 702 English 06h00 09h00 15h00 19h00 4 East Coast Radio English 06h00 09h00 15h00 19h00 5 Jacaranda 94.2 English 06h00 09h00 15h00 19h00 6 Gagasi English 06h00 09h00 15h00 19h00 7 OFM English 06h00 09h00 15h00 19h00 8 Lesedi FM Sesotho 06h00 09h00 15h00 19h00 9 Radio Qwaqwa Sesotho 06h00 09h00 15h00 19h00 Table 2: Live Reads on Radio Stations 5.2 MEDIA ADVERTISEMENTS Paid advertisements announcing the availability of the Draft EIR were placed in 21 newspapers with a national, regional and local coverage (as shown in Table 3). No Newspaper Distribution Language Publication Date 1 Ladysmith Gazette Local English Tue,16 Dec The Ladysmith Herald Local English Thu, 11 Dec Times of Ladysmith Local English Thu, 11 Dec Qwaqwa Express Local English Tue, 16 Dec 2014 & Tue, 30 Dec Maluti Local Sesotho Wed, 03 Dec Harrismith Chronicle Local English Fri, 05 Dec Eastern Free State Express Regional English Wed, 03 Dec Eastern Free State Issue Regional Sesotho Thu, 04 Dec Vrystaat Regional Afrikaans Thu, 04 Dec Ilanga Regional Zulu Thu, 11 Dec Isolezwe Regional Zulu Fri, 28 Nov Star Regional English Fri, 28 Nov Pretoria News Regional English Fri, 28 Nov The Mercury Regional English Fri, 28 Nov Daily News Regional English Fri, 28 Nov Volksblad Regional Afrikaans Fri, 28 Nov Beeld National Afrikaans Fri, 28 Nov Business Day National English Fri, 28 Nov Sunday Times National English Sun, 30 Nov City Press National English Sun, 30 Nov Rapport National Afrikaans Sun, 30 Nov 2014 Table 3: Advertisements 5

6 5.3 PLACING OF REPORTS AT PUBLIC VENUES Hard copies of the Draft EIR were placed at public libraries and other suitable venues accessible to the public, as indicated in Table 4. Province Area Public Venue and details KwaZulu-Natal Durban Durban Central Public Library 10 th Floor, Liberty Towers 214 Dr Pixley kaseme Street Tel: Ladysmith Ladysmith Public Library Cnr Murchison & Alexander Streets Tel: Free-State Van Reenen Green Lantern Inn 7 Wragg Street Tel: Harrismith Harrismith Public Library Cnr Murray and Warden Streets Tel: Tshiame Tshiame A Public Library 275 Tshiame A, Harrismith Tel: Makgolokweng Village Mokgolokweng Village 186 Mahafeng Village KhutlongSa Kholokoe Contact: Mr Teboho Moloi (Secretary) Tel: Phuthaditjhaba RJR Masiea Public Library Cnr Moremoholo & Setai Streets Tel: Warden Warden Public Library 8th Avenue, Warden Tel: Gauteng Johannesburg Johannesburg City Public Library Dr Beyers Naude Square Cnr Market and Fraser Streets Tel: Table 4: Distribution of the Draft EIR at public venues Reports were also provided to all Farmers Associations, District Farmers Unions, Local and District Municipalities and Authorities. 6

7 5.4 PUBLIC OPEN DAYS/MEETINGS Public Open Days (PODs)/meetings were held in the study area (KwaZulu-Natal and the Free State) to present the findings of the Draft EIR as follows: Date Area Venue Time 02 March 2015 Ladysmith Ladysmith Royal Hotel 10h00 16h30 03 March 2015 Tshiame Tshiame Community Hall 10h00 16h30 04 March 2015 Phuthaditjhaba Tshiya District Teachers Development 10h00 16h30 Centre 05 March 2015 Harrismith Inn Harrismith Inn 10h00 16h30 09 March 2015 Van Reenen Green Lantern Inn 10h00 16h30 10 March 2015 Warden Warden 10h00 16h30 19 May 2016 Phuthaditjhaba Tshiya District Teachers Development 10h00 14h00 Centre 20 May 2016 Tshiame Tshiame Community Hall 10h00 14h00 Table 5: List of PODs/meetings held during the Draft EIR review period The objectives of the PODs/Meetings were to: Present the findings of the specialist studies. Present the integrated outcomes of the specialist studies. Illustrate the Best Practical Environmental Option. Provide an opportunity for stakeholders to engage with the EIA Team, including Specialists. Photo 1: Layout of a Public Open Day (Photo taken at Tshiame, Free State) 7

8 The information presented and discussed at the PODs/Meetings was similar in nature across the six venues. Documentation used included the following: Poster display providing a summary of findings of the Draft EIR. Executive Summary Document (English, Afrikaans, Sesotho and Zulu). Copies of the Draft EIR. Comment Sheets. Photo 2: Draft EIR Summaries provided at the public Meeting in Warden (10 March 2015) Photo 3: Comment Sheets provided to I&APs at PODs (Photo taken at Van Reenen POD) 8

9 Comments received from I&APs during the public review period (19 December 2014 until 19 June 2015), were included in the Comments and Response Report presented in Volume Ladysmith Public Open Day The first POD was held in Ladysmith, KwaZulu-Natal as follows: Area Date Venue Time No of attendees Ladysmith 02 March 2015 Ladysmith Royal Hotel 10h00 16h30 42 Members of the public representing various sectors of society attended this POD. Representation included conservation bodies, parastatal organisations, provincial and local government, landowners and general members of the public. Photo 4: Interaction at Ladysmith Public Open Day The POD was successful and provided an enabling environment for I&APs present to engage with the project team including the specialists Tshiame Public Open Day The second POD was held in Tshiame, Free State as follows: Area Date Venue Time No of attendees Tshiame 03 March 2015 Tshiame Community Hall 10h00 16h30 15 (signed the attendance register) 9

10 Although the study team was prepared to engage members of the public who showed interest in listening to the findings of the Draft EIR, the POD did not proceed as planned. Photo 5: Interactions with Economic Specialist (above) and EAP (below) at Tshiame POD before disruptions 10

11 Photo 6: Crowds who were bussed in to the Tshiame POD Photo 7: Disruptions at the POD caused by bussed in crowds There were disruptions from members of the public who indicated that they were in attendance to stop the proposed project. The disruptions to the POD and intimidation became very intense and the study team were then requested to leave the premises at Tshiame. Members of the public proceeded to pack away tables and chairs, and pushed aside the mobile displays. In response to disruptions, the Honourable Mayor of Maluti-A-Phofung Local Municipality, Mr Vusumuzi Tshabalala requested that a meeting to present the findings on the draft EIR be held at a later date after he has 11

12 engaged his community. Therefore, this meeting was repeated (20 May 2015) in order to provide I&APs, in and around Tshiame, an opportunity to discuss the findings of the Draft EIR and to submit comments Phuthaditjhaba Public Open Day The third POD was held in Phuthaditjhaba, Free State as follows: Area Date Venue Time No of attendees Phuthaditjhaba 04 March 2015 Tshiya District Teachers 10h00 16h30 29 Development Centre A similar occurrence as experienced in Tshiame also happened in Phuthaditjhaba. It should be noted that there were some members of the public that were keen to attend the POD and engage with the team on the findings of the Draft EIR. Due to intense disruptions that occurred at the venue, the POD did not take continue as originally planned. This meeting was repeated on 19 May Harrismith Public Open Day and Meeting The fourth POD and Meeting was held in Harrismith, Free State as follows: Area Date Venue Time No of attendees Harrismith 05 March 2015 Harrismith Inn 10h00 16h The POD/Meeting was well attended by landowners, provincial and local government, business interest groups and members of the public. A number of issues were raised which were recorded as part of the meeting proceedings. In addition, comment sheets were completed by members of the public detailing their comments on the Draft EIR. All submissions received have been captured in the CRR. Photo 8: Harrismith Public Meeting held at Harrismith Inn 12

13 5.4.5 Van Reenen Public Open Day and Meeting The fifth POD/Meeting was held in Van Reenen, located on the border of KwaZulu-Natal and the Free State, as follows: Area Date Venue Time No of attendees Van Reenen 09 March 2015 Green Lantern Inn 10h00 16h30 64 Photo 8: Van Reenen Public Meeting held at Green Lantern Inn The POD/Meeting was well attended by landowners, provincial and local government, business interest groups, conservation bodies and members of the public. Comments raised were recorded as part of the meeting proceedings. In addition, all written submissions received have been captured in a Comments and Responses Report Warden Public Open Day and Meeting The sixth POD/Meeting was held in Warden, Free State as follows: Area Date Venue Time No of attendees Warden 10 March 2015 Warden Town Hall 10h00 16h Similar to the Harrismith and Van Reenen PODs/Meetings, opportunities to participate were provided and I&APs actively engaged the study team and specialists. Comments raised were recorded as part of the meeting proceedings. Furthermore, all written submissions received have been captured in a Comments and Responses Report. 13

14 Photo 9: Public members completing attendance registers at Warden Public Meeting Photo 9: Warden Public Meeting held at Warden Town Hall 14

15 6. REPRESENTATION AT MEETINGS/PODS Representation at the six PODs/Meetings comprised sectors presented in Table 6. Provincial Government (KwaZulu-Natal and Free State Local Government (local and district municipalities) Agriculture (landowners, unions, farmers associations) Tourism (tourism associations, landowners, operators and managers) Conservation bodies e.g. BirdLife South Africa Residents and Ratepayers Associations Local residents Environmental groups Statutory and regulatory groups Public enterprises, utilities and agencies e.g. Eskom Holdings SOC Limited, Transnet SOC Limited Organised business, Landowners Industry e.g. Total SA Media Academics and consultants Table 6: Sectors of society represented by I&APs at the PODs/Meetings 7. COMMENTS ON THE DRAFT EIR Throughout the PODs and meetings, I&APs were encouraged to make written submissions. These submissions were done through the completion of comment sheets, which were then submitted to the public participation office. Other comments were submitted via , and/or post to the public participation office. All comments received were collated into the CRR presented as Appendix AH. 7.1 KEY ISSUES RAISED BY I&APS Some of the key issues raised by I&APs during the public review of the Draft EIR include: a) Ecological Impacts and Biodiversity Conservation b) Impact on job creation and economic opportunities c) Social and socio-economic issues d) Project alternatives and/or road alignments e) Cultural heritage resource management f) Agriculture and farming operations g) Strategic planning issues h) Tourism Impacts i) Noise j) Climatic conditions k) Recommendation by the Environmental Assessment Practitioner (EAP) to DEA* Points a) to j) reflect some of the key issues raised by I&APs during the scoping process. With the exception of point k) above, comments raised during the review of the Draft EIR are in principle similar to comments raised during Scoping. 15

16 8. SOCIAL MOBILISATION During the public meetings held during the period March 2015, there was clear evidence that there was organised social mobilisation against the project. This social mobilisation also continued during the repeat meetings which were held at Phuthaditjhaba and Tshiame during the period May 2015 respectively. This evidence included the following: People were bussed-in to attend meetings. The pronouncements from bussed-in public members were clear in that they were attending the POD/meeting in order to stop the public consultation process and the project. The bussed-in public members at Tshiame and Phuthaditjhaba rejected the opportunity to engage by removing all the material that was prepared for the POD. Some I&APs were not willing to complete the attendance register due to a misguided perception that the completion of an attendance register provides support of the project. Members of the public who were against the project disallowed those public members who were keen to engage the opportunity to voice their opinions. Indications are that opponents to the project were briefed on the specific information, and coaxed to submit particular comments and questions. Hence a large number of these comments were technically and substantially identical. Despite disruptions that occurred, the PPP process continued to use a wide range of communication tools in order to give all I&APs an equal opportunity to participate in the EIA. These included utilisation of electronic communication and submission of comments via post. Opportunities for participation and submission of comments were also wide-ranging and took into account the geographies of the area in terms of societal dynamics. 9. POLITICAL FEATURES There were political features during the public engagement process which are worth mentioning as, to a certain degree, they influenced the manner in which some public members participated in the process. The Premier of the Free State made pronouncements in various media platforms, e.g. newspapers, radio interviews and at the State of the Province (Free State) indicating that the province and all its departments will not support the proposed project. There were concerns raised which are associated with the effectiveness of co-operative governance between national and provincial departments. These concerns were also related to the issues caused by the differing views of the Free State province from the National Government plans. The public participation team was also questioned about some pronouncements made by the previous Minister of Transport, Minister Jeff Radebe. Therefore, the PPP team did not have much control on political statements and some of the information that was released and/or disseminated by other parties in the study area. 10. AVAILABILITY OF FINAL EIR TO THE PUBLIC The Final EIR and accompanying reports was updated following comments received during the public review period. The Final EIR report has been made available to the public for their information and at the same time submitted to the Department of Environmental Affairs for consideration and decision-making. All registered I&APs have been notified of this activity via a personalised letter and will, therefore, have the opportunity to access the submitted final reports on the Public Participation Office website and SANRAL s website and at public venues. 16

17 11. NOTIFICATION OF AUTHORITY DECISION Registered I&APs will be advised in writing of the authority (DEA) decision on the EIA application, i.e. whether or not environmental authorisation has been granted for the project and the conditions of the authorisation, if positive. I&APs will also be advised that the decision may be appealed, and will be provided with guidance on how to do so. 12. CONCLUDING REMARKS Although this report is focusing on the Impact Assessment Phase of the EIA, there have been obvious similarities in the manner in which the public has participated in the project, as well the nature of comments that have been submitted throughout the EIA. As reported during Scoping Phase, the project has continuously received enormous media attention. In addition, there were also deliberate attempts from prominent public members to misinform and influence the public against the project. As such, the PPP team did not have much control on some of the information that was released and/or disseminated by other parties in the study area. In general, there has been a lively response from the public and a wide range of issues, some perceived to be positive and some negative, were raised during the EIA phase. The majority of issues raised by I&APs relate closely to geographic location and appear to be linked to economic activities and socio-economic status. As a result, the type of interest in the project has differed vastly from area to area. This type of interest had a direct relationship to the nature of comments received from various stakeholder groupings. It is also worth mentioning that there was antipathy by some I&APs to the proposed development and the study team. However, some I&APs were receptive to the study team and participated in the process. In line with Public Participation Best Practice Principles, Public participation undertaken as part of the Impact Assessment phase of the EIA has: Utilised a range of communication tools to notify I&APs of the availability of the Draft EIR. Provided a range of opportunities for participation and submission of comments. Disseminated information in the four main languages spoken in the study area (English, Afrikaans, Sesotho and Zulu). Responded to requests and queries, where possible. Provided an efficient communication channel between the project team and I&APs. Kept a complete record of all interactions with I&APs. With a project of this nature and extent, it is unrealistic to think that each I&AP will be satisfied with the project and the process followed. However, given the opportunities that were afforded to I&APs and the extent of engagements, the PPP for the proposed N3 DBPR has been, in its entirety, comprehensive and provided for meaningful public engagement. 17