File ref: 15/3/10-15/Farm 874/02Enquiries:

Me A. de Jager

18July 2017

Setplan

P.O. Box28

Strand

7139

By Registered Mail

Dear Sir

PROPOSED CONSENT USE ONPORTION 2 OF THE FARM WOODLANDS NO. 874,DIVISION MALMESBURY

Your application, dated 7 December 2016, with reference number 1616, refers.

By virtue of the authority that is delegated to the Director: Development Services in terms of Council Decision No. 7.25 dated 13 May 2015 as determined by Section 69(1) of the Swartland Municipal Land Use Planning By-Law (PG 7420 of 3 July 2015), the application for a consent use for mining on portion 2 of the Farm Woodlands no. 874, Division Malmesbury, is approved in terms of section 60 of the abovementioned By-law, subject to the conditions that:

1.TOWN PLANNING AND BUILDING CONTROL

a)The relevant title deeds, as well as conveyancers’ certificate, confirming that there are no restrictions registered that may affect the use the relevant portion of the farm for mining purposes, be provided to this municipality before any mining activities can take place;

b)The total footprint of the mining activity may not exceed 92,75ha in extent as presented in the application;

c)The mining activity takes place in four phases (± 23ha in extent per phase), each phase having to be completed to rehabilitation stage, prior to the commencement of the following phase;

d)Stockpiling of topsoil from a phase be restricted to alternate phases on the development site and that no off-site stockpiling will be permitted;

e)The mining activity includes only the extraction of sand;

f)Sufficient and acceptable toilets be provided on site, as stipulated by West Coast District Municipality;

g)Drinking water be accessible and available on site and has to conform with SABS 241-1984 standards;

h)No vehicles may be serviced on site;

i)All oil / diesel spills be cleaned up using the necessary precautions and procedures;

j)The health requirements as set from time to time by Department of Health, be met;

k)The owner/developer must comply with the conditions of the Environmental Authorisation of the Department of Mineral Resources, dated 2 March 2016 with reference number WC30/5/1/2/2/10067MR;

l)The owner/developer has to comply with the conditions of the mining rights, issued by the Department of Mineral Resources, dated 22 July 2016,with reference WC30/5/1/2/2/10067MR;

m)This approval is only valid for the same period as the mining rights, ergo until 12 September 2026;

2. WATER

a)No municipal drinking water can be provided;

3.SEWERAGE

a)Sewerage services can only be provided for household sewerage by means of a vacuum truck;

4.REFUSE REMOVAL

a)Prepaid vouchers must be submitted at the landfill site if any of the landfillsites in the municipal area are to be used. These coupons are available at any municipal office in the municipal area;

5. GENERAL

a)It should be noted that this approval does not exempt the applicant from adherence to any and all other legal procedures, applications and/or approvals related to the intended land use, as required by provincial, state, parastatal and other statutory bodies;

b)Cognisance be taken of comments, approvals and conditions issued by the following authorities. The monitoring and enforcement of all conditions imposed remain the responsibility of the competent authority:

-The National Department of Mineral Resources: Mining Right, dated 22 July 2016, reference number WC30/5/1/2/2/10067MR;

-The National Department of Mineral Resources: Environmental Authorisation, dated 2 March 2016, reference number WC30/5/1/2/2/10067MR;

-Western Cape Department of Agriculture: Land Use Management, dated 19 April 2017, reference number 20/9/2/2/5/554;

-Telkom, dated 25 May 2017, reference number WWIP_WMY+1287_17;

-Western Cape Department: Transport and Public Works, dated 3 July 2017, reference number 16/9/6/1-26/47.

Yours sincerely

MUNICIPAL MANAGER

per Department Development Services

AdJ/ds

Copies:Department: Financial Services

Department: Civil Engineering Services

Building Control Officer

VlakfonteinFamilie Trust, P.O. Box 56, Malmesbury 7299

Regional Manager: Western Cape Region, Department: Mineral Resources, Private Bag X 09, Roggebaai, 8012

Cor van der Walt, Western Cape Department of Agriculture: Land Use Management, Private Bag X1, ELSENBURG, 7607

Selwyn Bowers, Open Serve, 10 Jan Smuts Drive, Pinelands, 7404

ML Watters, Western Cape Department: Transport and Public Works, P.O. Box 2603, Cape Town, 8000

Reasons for approval:

  1. There are no physical restrictions on the property that will have a negative impact on this application and all possible impacts are mitigated by the EMP.
  2. The proposed application is consistent with and not in contradiction to the Spatial Development Frameworks adopted on Provincial, District and Municipal levels.
  3. Due to the temporary nature of the proposed mining activity as well as the concurrent mining and rehabilitation process that will be implemented, as described by the applicant, the proposed application will not have a substantial impact on the character of the surrounding area.
  4. The proposed activity will have a positive economic impact as it will generate income for both the land owner and mine operator as well as contributing to the construction and infrastructure industry.
  5. It is clear that with the implementation of mitigation measures the agricultural potential of the land will not be jeopardised as the area will be rehabilitated to its pre-mining state.
  6. It is calculated that the proposal will be profitable and viable thus able to finance rehabilitation.
  7. Due to the mitigation measures implemented it is argued that the proposed mining activity will not have an impact on the well-being, health or safety of the surrounding land owners.
  8. It is confirmed by Heritage Western Cape that there is no reason to believe that any heritage resources will be impacted on.
  9. Western Cape Department of Transport and Public Works does not object to the application.
  10. Western Cape Department of Agriculture does not object to the application.