Department of Economic Development, Environment and Tourism
Environmental Authorisation ReferenceNumber: 12/1/9/1-C1
Enq: Mukhari GJ Tel:015 290 7000 Fax:015 295 5015 E-Mail: Reference:12/1/9/1-C1
Polokwane Cash Store
P. O. Box 6
BOYNE
0728
Fax:015266 0006
Attention: Mr Onion Toyota
ENVIRONMENTAL AUTHORISATION FOR THE PROPOSED DEVELOPMENT OF A FILLING STATION ON PORTION 3 AND DECOMMISSIONING OF AN EXISTING UNDERGROUND TANK ON PORTION 4 OF THE FARM MACLEAN 1046 LS AT BOYNE WITHIN POLOKWANE LOCAL MUNICIPALITY OF CAPRICORN DISTRICT
With reference to the abovementioned application, please be advised that the Department has decided to grant authorisation. The environmental authorisation and reasons for the decision are attached herewith.
In terms of regulation Regulation 104(2) of the Environmental Impact Assessment Regulations of 20102014, you are instructed to notify all registered interested and affected parties, in writing and within 12 14 (twelvefourteen) calendar days,of the dateof the Department’s decision in respect of your application as well as the provisions regarding the making of appeals that are provided for in the Regulations.
Should you wish to appeal any aspect of the decision, you must, inter alia, lodge annotice of intention to appeal with the MEC for Economic Development, Environment and Tourism, within 20 days of receiving this letter, by means of one of the following methods:
By facsimile: (015) 293 8317
By post: Private Bag X 9484, POLOKWANE, 0700
By hand: 3rd floor, Evridiki Towers, 20 Hans van Rensburg Street, POLOKWANE, 0699
Should you decide to appeal, you must serve a copy of your notice on intention to appeal on all registered interested and affected parties as well as a notice indicating where, and for what period, the appeal submission will be available for inspection.
Yours faithfully
SENIOR MANAGER
ENVIRONMENTAL IMPACT MANAGEMENT
DATE:
Cc:Unity Environmental Consultancy Attention:Mr H P Tugela Fax:015 291 1577
ENVIRONMENTAL AUTHORISATION
Authorisation reference number: / 12/1/9/1-C1Last amended: / First issue
Holder of authorisation: / Polokwane Cash Store
Location of activity: / The proposed site is located on portions 3 and 4 of the farm Maclean 1046 LS within Polokwane Local Municipality of the Capricorn District.
DECISION
ACRONYMS
- NEMA:The National Environmental Management Act, 1998 (Act 107 of 1998), as
amended.
- EIA:Environmental Impact Assessment.
- Regulations:EIA Regulations of 18 08 June 2010December2014 in terms of Chapter 5 of NEMA.
- Department:Department of Economic Development, Environment and Tourism.
- EA:Environmental Authorisation.
- EMPr:Environmental Management Programme
The Department is satisfied, on the basis of information available to it and subject to compliance with the conditions of this EA, that the applicant should be authorised to undertake the activity specified below.
Details regarding the basis on which the Department reached this decision are set out in Annexure 1.
Activities authorised
By virtue of the powers conferred on it by the National Environmental Management Act, 1998 (Act No. 107 of 1998) and the Environmental Impact Assessment Regulations, 2010 2014 the Department hereby authorises Polokwane Cash Store(herein referred to as holder of EA)with the following contact details –
Mr. Onion Toyota
P. O. Box 6
BOYNE
0728
Fax: 015266 0006 Tel: 015 266 0006
to undertake the following activity:
Listed in the EIA Regulations R. 544 983 of 2010 2014 as:-
Activity 13- “The construction of facilities or infrastructure for the storage or, for the storage and handling of dangerous good, where such storage occurs in containers with a combined capacity of 80 but not exceeding 500 cubic metres”.
The above activity is described in the Basic Assessment Report (BAR) received by the Department on 15 December 2010, and is located at:
Alternative S1/S2/….. / Latitude / LongitudePortion 3 and portion 4 of the farm Maclean 1046 LS within Polokwane Local Municipality of the Capricorn District / 24º 19′ 7.319″ South / 30º 17′ 9.6″ East
The activity entails the developmentof a new filling station and decommissioning of an existing underground fuel tanks and associated with thisactivity are the following:
- Installation of the following 5 underground tanks:
-1 x 46000 ℓ for diesel;
-1 x 46 000 ℓ for unleaded petrol (UPL);
-1 x 23000 ℓ UPL 93;
-1 x 23 000 ℓ for Lead Replacement Petrol (LRP) 93; and
-1 x 23 000 ℓ for Lead Replacement Petrol (LRP) 95.
The granting of this EA is subject to the conditions set out below and in Annexure 2(Departmental standard conditions) and Annexure 3 (Choose applicable Standard conditions for poultry/piggery/filling station).
The Environmental Management Programme (EMPr) attached as part of reports for the above development submitted as part of the application for an EA is hereby approved and must be adhered to throughout the life cycle of the activity.
This activity must commence within a period of three ten (310) years from the date when the EA was issued. If commencement of the activity does not occur within that period, the EA lapses and a new application for EA must be made in order for the activity to be undertaken. Any request for extension of the validity period of the EA must be lodged with the Department at least 60 days before the expiry date of the EA.
EA CONDITIONS
SENIOR MANAGER
ENVIRONMENTAL IMPACT MANAGEMENT
DATE:
ANNEXURE 1: REASONS FOR THE DECISION
- Background
The application from PolokwaneCash Store, is foran EA for an activity listed in the EIA RegulationsR. 544 983 of 2010 2014 as:
Activity 13 - “The construction of facilities or infrastructure for the storage or, for the storage and handling of dangerous good, where such storage occurs in containers with a combined capacity of 80 but not exceeding 500 cubic metres”.
The proposed activity entails the development of a new filling station on portion 3 and decommissioning of the existing underground fuel tanks on portion 4 of the farm Maclean 1046 LS within Polokwane Local Municipality of Capricorn District in the Limpopo Province, as described on pages 3 and 5 of the BAR, received by the Department on 15 December 2010.
Polokwane Cash Storeappointed Mr. H. P Tugela of Unity Environmental Consultancyin terms of Regulation 16 12 of the EIA Regulations of2010 2014 to undertake aBasic Assessment process..
2.Information considered in making the decision
In reaching its decision, the Department took, inter alia, the following into consideration -
a)The information contained in the application form received by the Department on 10 November 2010;
b)The BAR received by the Department on 15 December 2010;
c)The objectives and requirements of the applicable and relevant legislation, policies and guidelines and the EIA Regulations of 20102014;
d)The Geo-technical Study attached to the BARas Appendix 5;
e)The Heritage Impact Assessment Study attached to the BARas Appendix 6;
f)The Ecological Study attached to the BARas Appendix 10;
g)The letter from Roads Agency Limpopo for access road approval attached to the BAR as Appendix 4;
h)The service letter from Polokwane Local Municipality attached to the BAR as Appendix 7; and
i)The findings of site inspection conducted on 12 April 2010 by Mr Range of this Department.
- Key factors considered in making the decision
All information presented to the Department was taken into account in the Department’s consideration of the application. A summary of the issues which, in the Department’s view, were of the most significance is set out below.
a)A sufficient Public Participation Process (PPP) was undertaken and the applicant has satisfied the minimum requirements as prescribed in the EIA RegulationsR. 543 982 of2010 2014 for public involvement;
b)The environmental impacts associated with the proposed activity will be addressed by the implementation of proposed mitigation measures outlined in the BAR compiled by Mr. H. P. Tugela of Unity Environmental Consultancy;
c)The Roads Agency Limpopo approved access from road D4020 to the proposed filling station in the letter dated 17 August 2010, attached as Appendix C to the BAR; and
d)The Polokwane Local Municipalitygranted permission to the applicant to discharge sewage waste into the council’s sewer in accordance with the services By-Laws of industrial effluentin the letter dated 17 December 2009, attached as Appendix C to the BAR.
4.Findings
After consideration of the information and factors listed above, the Department made the following findings –
a)All environmental issues identified and commitments to sound environmental management which are incorporated in the EMPr compiled by Delron Consulting cccan be used to avoid potential negative impacts.
b)The potentialimpacts on the proposed site were clearly investigated and mitigation measures outlined;
c)Findings of the site inspection are as follows:
- Add the findings and the observations made during the site visit
d)The PPPundertaken confirms that the applicant has satisfied the minimum requirements as prescribed in the Chapter 6 of the EIA Regulations R. 543 982 of 2010 2014 for the involvement of interested and affected parties for the proposed development as follows:
- Add the activities undertaken and findings thereof
e)Findings of the specialist studies as follows:
- Add the findings of all the specialist studies undertaken for this application
In view of the above, the Department is satisfied that, subject to compliance with the conditions contained in the EA, the proposed activity will not conflict with the general objectives of integrated environmental management laid down in Chapter 5 of the National Environmental Management Act, 1998 and that any potentially detrimental environmental impacts resulting from the proposed activity can be mitigated to acceptable levels. The authorisation is accordingly granted.
RECOMMENDATIONS FOR THE AUTHORISATION
The following serveas recommendations for the EA in terms of NEMA that has been drafted for theproposed development of a new filling station on portion 3 and decommissioning of the existing underground fuel tanks on portion 4 of the farm Maclean 1046 LS within Polokwane Local Municipality of Capricorn District in the Limpopo Province,
Listed in the EIA Regulations R. 544 983 of 2010 2014 as:-
Activity 13 - “The construction of facilities or infrastructure for the storage or, for the storage and handling of dangerous good, where such storage occurs in containers with a combined capacity of 80 but not exceeding 500 cubic metres”.
EAReference No.: 12/1/9/1-C1 Project value: R2, 000, 000.00
An application formwas submitted on 10 November 2010 and a BAR wassubmitted to the Department on 13 December 2010. The applicant is Polokwane Cash Store. Polokwane Cash Store appointed Mr. H. P Tugelaof Unity Environmental Consultancy in terms of Regulation 16 12 of the EIA Regulations of 2010 2014 to undertake aBasic Assessment process.
The following are reasons why this development should be considered for authorisation:
- The procedure that has been followed is in accordance with the NEMA and the EIA Regulations of 20102014;
- The environmental impacts associated with the proposed activity will be addressed by the proposed mitigation measures outlined in the BAR compiled by Mr. H. P. Tugela of Unity Environmental Consultancy;
- The Roads Agency Limpopo approved access from road D4020 to the proposed filling station in the letter dated 17 August 2010, attached as Appendix C to the BAR; and
- The Polokwane Local Municipality granted permission to the applicant to discharge sewage waste into the council’s sewer in accordance with the services By-Laws of industrial effluent in the letter dated 17 December 2009, attached as Appendix C to the BAR.
- Based on the following findings of the site inspection, it was concluded that the proposed site is compatible with the surrounding land uses and therefore suitable for the proposed development:
- Add the findings and the observations made during the site visit
- The PPP undertaken confirms that the applicant has satisfied the minimumrequirements as prescribed in the Chapter 6 of the EIA Regulations R. 543 982 of 2010 2014 for the involvement of interested and affected parties for the proposed development as follows:
- Add the activities undertaken and findings thereof
f)Findings of the specialist studies as follows:
- Add the findings of all the specialist studies undertaken for this application
In view of the above, the Department is satisfied that, subject to compliance with the conditions contained in the EA, the proposed activity will not conflict with the general objectives of integrated environmental management laid down in Chapter 5 of the National Environmental Management Act, 1998 and that any potentially detrimental environmental impacts resulting from the proposed activity can be mitigated to acceptable levels. The authorisation is accordingly granted.
ENVIRONMENTAL OFFICER
environmental impact management
DATE:
DEPUTY MANAGER
environmental impact management
DATE:
MANAGER
environmental impact management
DATE:
1
Proposed development of a filling station on portion 3 of the farm Maclean 1046 LS within Polokwane, Capricorn District