we make these submissions on behalf of groundwork, and the ... · your ref: jw28/12/c182 – rev a;...
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2nd Floor, Springtime Studios, 1 Scott Road, Observatory, 7925 Cape Town, South Africa Tel 021 447 1647, Fax 086 730 9098 Email [email protected], www.cer.org.za
Centre for Environmental Rights NPC is a non-profit company with registration number 2009/020736/08, NPO Ref 075-863, PBO No. 930032226 and a Law Clinic registered with the Law Society of the Cape of Good Hope I Directors: Carolyn Elizabeth Ah Shene, Joanna Amy Eastwood, Mohamed Saliem Fakir, Melissa Fourie (Executive), Stephen Mark Law (Chair), Karabo Maelane Attorneys: Tracey Laurel Davies, Melissa Fourie, Catherine Horsfield, Robyn Elizabeth Hugo, Sylvia, Kamanja, Marthán Theart I Candidate Attorneys: Matome Lethabo Kapa, Teboho Moses Sebogodi
Anelle Lotter Jones and Wagener Consulting Civil Engineers (Pty) Ltd By email: [email protected] Sibongile Bambisa Jones and Wagener Consulting Civil Engineers (Pty) Ltd By email: [email protected] Copies to: Mokgadi Maloba Fiona Grimett Department of Water and Sanitation Department of Environmental Affairs By email: [email protected] By email: [email protected] Mandla Mahlalela Samuel Matavhela Mpumalanaga Department of Economic Department of Mineral Resources Development, Environment and Tourism By email: [email protected] By email: [email protected] Martha Mokonyane Department of Mineral Resources By email: [email protected]
Your ref: JW28/12/C182 – Rev A; Our ref: CER/34.18 Date: 2 September 2014
Dear Sirs and Mesdames Comments on the Integrated Water Use Licence Application Report for KiPower’s proposed construction of a 600 Megawatt (MW) Independent Power Producer Coal-fired Power Station
Introduction
1. We make these submissions on behalf of groundwork, and the following community groups: Greater
Middelburg Residents’ Association; Guqa Environmental Community Service; Highveld Environmental
Network; Association for Environmental Defence; Mpumalanga Youth Against Climate Change and
2
Wonderfontein Resettlement Forum in response to the Draft Integrated Water Use Licence Application
(IWULA) Report.
2. We have previously submitted comments on our clients’ behalf on the following draft documents for the
proposed KiPower (Pty) Ltd power station: Environmental Impact Assessment Report (EIA); Environmental
Management Programme (EMPr); Waste Management Licence Application Report; and Atmospheric
Emission Licence Application on 4 April 2014. We also submitted comments on the final versions of these
documents on 3 June 2014.
3. We are now responding to the call for comment on the IWULA for KiPower’s proposed construction of a 600
Megawatt (MW) Independent Power Producer (IPP) that was made on 16 July 2014.
4. We are instructed to point out, upfront, that KiPower’s Environmental Assessment Practitioner (EAP) -Jones
and Wagner Engineering and Environmental Consultants - did not make available Annexure B on its website.
Annexure B apparently consisted of water use licence application forms. We could therefore not confirm
whether the contents of the IWULA Report reflected what KiPower applied for in the water use licence
application forms.
5. Our clients refer you to the attached Annexure A, which is an expert review prepared by Carin Bosman and
Charl Nolte of Carin Bosman Sustainable Solutions. As appears from the expert review, the following are
amongst the flaws in the IWULA report:
5.1 it does not address the substantive requirements of the National Water Act, 1998 (NWA) and its
regulations that relate to prevention of water pollution, judicious water management and authorisation
of the water uses associated with the proposed activities, adequately;
5.2 the KiPower IWULA was not prepared in accordance with, and does not adequately address the
requirements of the Guidelines prescribed by the Department of Water and Sanitation (DWS) for the
preparation of IWULAs and Integrated Water and Waste Management Plans (IWWMP); and
5.3 it does not contain a proposed IWWMP Action Plan that is practical and implementable.
6. The critical flaws in this IWULA Report include the following: it does not consider the relevant guidelines; it
does not appropriately describe the socio-economic and bio-physical environment in which the activity is to
be undertaken; and it does not identify and assess impacts and risks on the socio-economic and bio-physical
environment, specifically on groundwater and on other water users. As a result, it is not possible to
determine if proposed mitigation and management measures proposed in the document will be adequate to
address potential impacts.
7. The IWULA does not contain an IWWMP Action Plan. The development of the IWULA also did not consider
or incorporate comments received during public participation in other KiPower authorisation processes into
the setting of management objectives. It appears as though KiPower is attempting to avoid or minimise
public participation on water aspects.
3
8. The proposed activity is to take place on a brownfields site where existing infrastructure such as bridges or
river diversions are present. It is possible that a number of water uses could be authorised as existing lawful
uses in terms of section 32 of the NWA. However, the current authorisation status of the existing facilities,
and the current level of compliance with such authorisations has not been addressed in the IWULA. It is thus
not possible to determine if any activity is authorised as an existing lawful use.
9. We would also like to point it out that, if accepted in its current form, the IWULA is susceptible to judicial
review in terms of section 6 of the Promotion of Administrative Justice Act, 2000, on both substantive and
procedural grounds.
10. Although the process followed for public consultation is described in paragraph 9 from page 153 of the
Report, there is no indication of any issues or concerns raised during public consultation processes regarding
impacts on water or on other water users. This is in contradiction with regulation 57 of the EIA Regulations
which states that “the EAP managing an application for environmental authorisation must ensure that the
comments of interested and affected parties are recorded in reports and that such written comments,
including records of meetings, are attached to the report, submitted to the competent authority”.1
Conclusion
11. In these circumstances, our client submits that these oversights are significant enough in the context of
water use authorisation requirements to support a recommendation that adequate grounds for a successful
legal challenge may very likely exist, should a water use licence be issued based on this IWULA report. If
these gaps are not addressed, it will not be possible to implement proper water governance and
management at KiPower, which could carry a significant risk to the local community.
12. As a result, and until the deficiencies in the IWULA report are rectified, our clients submit that all relevant
authorities should reject the reports and/or refuse the relevant applications.
13. Should you require more information regarding any aspect of these comments, please let us know.
Yours faithfully CENTRE FOR ENVIRONMENTAL RIGHTS
per: Sylvia Kamanja Attorney Direct email: [email protected]
1 The National Environmental Management Act: Environmental Impact Assessment Regulations GN R543 GG33306.
ANNEXURE“A”:
INDEPENDENTPEERREVIEWOFINTEGRATEDWATERUSELICENCE
APPLICATION(“IWULA”)DATEDJULY2014,PREPAREDBYJONES&WAGNER
(“J&W”)FORKIPOWER,DELMAS,MPUMALANGAPROVINCE
AUGUST2014
Prepared For:
Carin Bosman and Charl Nolte
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
AUGUST 2014 © CBSS PAGE I
TABLEOFCONTENTS
TABLE OF CONTENTS I ABBREVIATIONS AND ACRONYMS II
1 INTRODUCTION AND BACKGROUND _____________________________________________________________ 3
1.1 ORIENTATION 3
1.2 PURPOSE OF REVIEW 4
1.3 APPROACH FOR THE REVIEW 4
1.4 METHODOLOGY FOLLOWED FOR THE REVIEW 4
1.5 STRUCTURE OF THIS REVIEW REPORT 6
2 REVIEW CRITERIA: LEGISLATIVE CONTEXT AND SUBSTANTIVE ASPECTS RELATING TO AN IWULA ____________ 7
2.1 LEGISLATIVE CONTEXT: APPLICABILITY OF THE NWA REQUIREMENTS 7 2.1.1 Identification of “water uses” as defined in the NWA 7 2.1.2 Identification of the type of water use authorisation that is applicable to identified water uses 8
2.1.2.1 Water Use Authorised under Schedule 1 of the NWA 9 2.1.2.2 Water Use Authorised as Existing Lawful Use in accordance with s34 of the NWA 9 2.1.2.3 Water Use Authorised under General Authorisations promulgated ito s39 of the NWA 9 2.1.2.4 Water Use for which the requirement for Authorisation has been dispensed with in accordance with
s22(3) of the NWA 10 2.1.2.5 Requirements for a Water Use License (“WUL”) 11
2.1.3 Other NWA Requirements applicable to WULAs: GN R704 11 2.1.4 Legal Requirements for the Information Requirements in support of a WULA 11
2.2 GUIDELINES FOR THE COMPILATION OF AN IWWMP 13
2.3 FORMULATION OF KEY REVIEW QUESTIONS 15
3 SUMMARY OF FINDINGS OF THE IWWMP REVIEW _________________________________________________ 16
3.1 GENERAL COMMENTS ON THE KIPOWER IWULA 16 3.1.1 Water Uses for which a License is being applied 16 3.1.2 IWWMP Action Plan 17 3.1.3 Some Specific Procedural Shortcomings 17 3.1.4 Some Specific Substantive Shortcomings 18
3.2 SUMMARY OUTCOME OF THE REVIEW OF THE KIPOWER IWULA 20
3.3 OVERALL GRADING OF THE KIPOWER IWULA 23
4 CONCLUSION AND RECOMMENDATION __________________________________________________________ 24
4.1 CONCLUSION 24
4.2 RECOMMENDATION 24 REFERENCES 25
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
AUGUST 2014 © CBSS PAGE II
ABBREVIATIONSANDACRONYMS
Abbreviation or Acronym
Description Abbreviation or Acronym
Description
ABA Acid‐Base Accounting NEM: AQMA
National Environmental Management: Air Quality Management Act 39 of 2004 ADF Ash Disposal Facility
BPEO Best Practicable Environmental Option NEM:BA
National Environmental Management: Biodiversity Act 10 of 2004 BPG Best Practice Guideline
CBSS Carin Bosman Sustainable Solutions cc NEM:WA
National Environmental Management: Waste Act 59 of 2008 DEA Department of Environmental Affairs
DM District Municipality PAH Poly‐Aromatic Hydrocarbons
DME (former) Department of Minerals and Energy PAIA
Promotion of Access to Information Act 2 of 2000 DMR Department of Mineral Resources
DS Discharge Standard PAJA
Promotion of Administrative Justice Act 3 of 2000 DW Drinking Water
DWA Department of Water Affairs PCD Pollution Control Dam
DWAF (former) Department of Water Affairs and Forestry
PES Present Ecological Status
RDM Resource Directed Measures
EC Electrical Conductivity, measurement of salt content in water, in milliSiemens/meter (mS/m)
RE Remaining Extent
REC Recommended Ecological Class
ELU Existing lawful water use, as defined in section 32 of the NWA
RoM Run‐of‐Mine
RSA Republic of South Africa
EMP(R) Environmental Management Programme (Report)
RSIP Rehabilitation Strategy and Implementation Programme
EPTL Electrical Power Transmission Line RWD Return Water Dam
FRAI Fish Response Assessment Index RWQO Receiving Water Quality Objective
GA General Authorisation (for use of water under the National Water Act)
SABS South African Bureau of Standards
SAIEA Southern African Institute for Environmental Assessment GN Government Notice
GN R704 Government Notice R704 promulgated on 4 June 1999 in terms of section 26 of the NWA
SANAS South African National Accreditation System
SANS South African National Standard
GW Groundwater SASS South African Scoring System
HDPE High Density Poly‐Ethylene SAWQG South African Water Quality Guideline
HSA Hazardous Substances Act 15 of 1973 SHE Safety, Health, Environment
IHAS Integrated Habitat Assessment Score SLP Social and Labour Plan
I&APs Interested and Affected Parties SOG Soaps, Oil and Grease
IEM Integrated Environmental Management SMART
Specific, Measurable, Achievable, Resourced, Timeframes ISO International Standards Organisation
ISP Internal Strategic Perspective STW Sewage Treatment Works
ito in terms of SW Surface Water
IWWMP Integrated Water and Waste Management Plan TDS Total Dissolved Salts, measured in mg/L
(I)WUL(A) (Integrated) Water Use License (Application) TPH Total Petroleum Hydrocarbons
KPA Key Performance Area TSF Tailings Storage Facility
LM Local Municipality TWQG Target Water Quality Guideline
LoM Life of Mine VB Valley Bottom
mamsl metres above mean sea level VEGRAI Vegetation Response Assessment Index
MAP Mean Annual Precipitation WET Whole Effluent Toxicity
(V)MAR (Virgin) Mean Annual Runoff WC&DM
Water Conservation and Demand Management mbgl metres below ground level
MHSA Mine Health and Safety Act 29 of 1996 WMA Water Management Area
MPRDA Minerals and Petroleum Resources Development Act 28 of 2002
WML Waste Management License
WRD Waste Rock Dump
MR Mining Right WSA Water Services Act 108 of 1997
NEMA National Environmental Management Act 108 of 1998
WSP Water Services Provider
WWTP Waste Water Treatment Plant
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
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1 INTRODUCTIONANDBACKGROUND
1.1 ORIENTATION
Kuyasa Mining is a South African BEE company that was established in 1995 as one of the smaller BEE companies
in the South African coal mining industry, and owns Delmas Coal and Ikhwezi Colliery located approximately
20km to the south‐east of the town of Delmas in the Victor Khanye Municipality, within the Nkangala District
Municipality of the Mpumalanga Province. Kuyasa Mining established KiPower (Pty) Ltd (“KiPower”) as a
subsidiary, and KiPower wishes to establish a new 600 Mega Watt (“MW”) power plant and Ash Disposal Facility
(“ADF”) in close proximity to Delmas Coal, utilising coal from this mine as the fuel for the power plant.
The project will be situated within Wilge River catchment, part of the Olifants Water Management Area
(“WMA”), in quaternary catchment area B20E, just south of the R50. The proposed KiPower power plant will be
located to the immediate south of Ikhwezi Colliery’s Pit G, while the ADF will be located to the east of the
proposed power plant and will partially overlie Ikhwezi Colliery’s Pit H. The proposed power plant is located to
the west of the Wilge River and the D1059 district road, while the ADF is located to the east of these features,
as illustrated in Figure 1 below.
F IGURE 1: LOCAT ION OF PROPOSED KIPOWER OPERAT IONS
Following the preparation of an Environmental Impact Assessment (“EIA”)/Environmental Management
Programme Report (“EMPr”) by Jones and Wagner (“J&W”) for the proposed KiPower generation plant planned
for the Ikhwezi site, a draft Integrated Water Use License Application (“IWULA”) was prepared by J&W on behalf
of Kuyasa Mining for KiPower, and made available for public comment on 23 July 2014.
Carin Bosman Sustainable Solutions cc (“CBSS”) had provided comments to groundWork during March 2014 on
the EIA/EMPr. To ensure that the IWULA meet the necessary legal and technical requirements for the
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
AUGUST 2014 © CBSS PAGE 4
authorisation of water use, groundWork requested Carin Bosman1 of CBSS to conduct an independent external
peer review of the KiPower IWULA prepared on behalf of Kuyasa Mining.
1.2 PURPOSEOFREVIEW
The purpose of this Peer Review is to determine the following with regard to the KiPower IWULA:
Whether the KiPower IWULA adequately addresses the substantive requirements of the National Water
Act 36 of 1998 (“NWA”) (including its regulations) that relate to prevention of water pollution; judicious
water management; and authorisation of the water uses associated with the proposed activities;
Whether the KiPower IWULA was prepared in accordance with, and adequately addresses the
requirements of the Guidelines prescribed by the Department of Water Affairs (“DWA”) for the
preparation of IWULAs2 and IWWMPs;3
Whether the IWULA contains a proposed IWWMP Action Plan that is practical and implementable; and
Whether the document can be used as supporting documentation for a water use license application.
1.3 APPROACHFORTHEREVIEW
The approach followed for this review entailed the following:
Peruse the relevant legislation, guidelines and published literature, where applicable, to determine the
applicable review criteria;
Review the draft IWULA as prepared by J&W to determine whether it complies with the substantive legal
and technical requirements that are applicable to an IWULA, using the methodology described below; and
Compile a Peer Review Report (this Report) that outlines the findings of the Peer Review, draw a
conclusion regarding the suitability of the document as an IWULA, and make recommendations where
applicable and appropriate.
1.4 METHODOLOGYFOLLOWEDFORTHEREVIEW
In order to ensure that the review of any environmental report or planning instrument is conducted in an
objective manner, it is important that a standardised methodology be followed. The methodology followed in
this review of the KiPower IWULA is based on the Standard Review Form for Environmental Reports as developed
by Bryony Walmsley for the Southern African Institute for Environmental Assessment (“SAIEA”).4 The original
1 Carin Bosman enjoys wide recognition as a leading professional in environmental management in South Africa, with specific
emphasis on waste and water resource and quality management and governance, and has 22 years’ experience in the field. She
obtained her Master’s degree in Environmental Management cum laude from the Potchefstroom University and holds a B.Sc
Honours degree in Chemistry from the University of Pretoria. Prior to establishing CBSS in 2008, she was the Director: Water
Resource Protection and Waste Management at the Department of Water Affairs (“DWA”) since 2005, and has been a senior
manager in DWA since 1997. She has contributed two chapters to the Second Edition of Fuggle and Rabie’s authoritative Handbook
“Environmental Management in South Africa”, namely on Water Pollution, and Integrated Waste Management. Her detailed
Curriculum Vitae can be made available upon request. As part of the execution of her duties in the Chief Directorate Water Use of
the Department of Water Affairs, she developed the procedural and substantive requirements for WULAs, as well as the evaluation
there‐of, with specific emphasis on water quality requirements and the impacts resulting from waste disposal, and thus has in‐
depth knowledge regarding this matter. 2 DWAF, 2007: Water Use Authorisation: External and Internal Guidelines (“DWA WULA Guidelines”) 3 DWA, 2010: Operational Guideline: Integrated Water and Waste Management Plan for the preparation of the Water Quality
Management Technical Document to support the Application for Licences for Mining and Industries in Terms of the Requirements
of the National Water Act, 1998 (Act 36 of 1998) (“DWA IWWMP Guidelines”) 4 Southern African Institute for Environmental Assessment, 2002: Standard Review Form for EIA’s
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
AUGUST 2014 © CBSS PAGE 5
version of the form is included in the Department of Environmental Affairs (“DEA”) Guideline Series No 13 for
Integrated Environmental Management (“IEM”).5
This Standard Review Form allows the reviewer to assess the report in a systematic and structured way both in
terms of procedural and substantive content. Each section of the Review Form contains a number of
standardised Key Review questions and criteria that are based on the requirements in the legislation and
relevant guidelines, which are answered by the reviewer, making use of objective evidence gathered during the
review.
The following rating system is used in the Review Form:
1) For each question posed in the review form, the reviewer considers whether the question is relevant to the
project. If it is relevant, it is marked “Y” (yes), and if not, it is marked “N” (no).
2) If the question is relevant, the reviewer evaluates the relevant sections of the IWULA and specialist studies
(if applicable) and establishes whether the information provided is:
a) Complete or comprehensive (“C”):
All information required for decision‐making and/or implementation is available. No additional
information is required or necessary, even though more information might exist.
b) Acceptable or adequate (“A”):
The information presented is incomplete, but the omissions do not prevent the decision‐making
process or implementation from continuing.
c) Inadequate (“I”):
The information presented contains major omissions. Additional information is necessary before the
decision‐making process or implementation can proceed.
For this Review, the Key Review questions in the Standard Review Form was updated to reflect the requirements
for an IWULA as outlined in the legislation and the DWA Guidelines, as discussed in Chapter 2.
The following Key Review Questions were determined in Chapter 2 for the review of the KiPower IWULA:
1) Does the IWULA Report contain a non‐technical Executive Summary?
2) Does the IWULA Report contain a description of its structure, of the approach and methodology followed
in its compilation, and does it describe and incorporate the findings of specialist studies?
3) Does the IWULA Report properly describe the socio‐economic context and bio‐physical environmental
baseline?
4) Does the IWULA Report properly describe the properties, rights and ownership status?
5) Does the IWULA Report properly describe the proposed activity in the context of the current situation,
including all activities, institutional arrangements and infrastructure that could have an effect on water
management?
6) Does the IWULA Report properly describe the proposed activity in the context of the current situation as
it relates to water supply, water use and consumption, management of run‐off and wastewater, and
water balances?
7) Does the IWULA Report adequately address relevant water‐related legislation, requirements for
authorisation, regulations, and guidelines?
5 Department of Environmental Affairs (“DEA”), 2004. Review in Environmental Impact Assessment, Integrated Environmental
Management Information Series 13
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
AUGUST 2014 © CBSS PAGE 6
8) Does the IWULA Report identify all water uses as defined in the NWA that are associated with the
proposed project, and does it then identify those water uses that require authorisation by means of a
WUL?
9) Does the IWULA Report properly identify impacts and risks associated with the activity to the water
resource, including users of the water resource, are the significance of these impacts determined, and is
a quantification of significant risks conducted based on adequate information and a consistent scientific
assessment methodology?
10) Does the IWULA Report properly identify appropriate management measures to address significant risks,
and were alternative management measures considered and evaluated?
11) Does the IWULA Report include an appropriate monitoring programme to measure impacts/risks and the
effectiveness of implementation of mitigation and management measures, including the monitoring of
water quantity, water quality, and bio‐monitoring, with verifiable locations, variables and frequencies
for monitoring?
12) Does the IWULA Report contain a practical and implementable IWWMP Action Plan, that focusses on the
most important issues, associates specific objectives or Key Performance Areas (“KPAs”) with identified
management measures, setting out tasks, responsibilities, timeframes, monitoring and review periods;
and is the development of this IWWMP Action Plan properly described, indicating how the formulation
of objectives considered inputs from stakeholders and the public? Does the IWULA Report discuss the
legal implications of the implementation of the IWWMP Action Plan?
13) Has the execution of the water use authorisation process been described, and the information
requirements of section 27 of the NWA been appropriately addressed?
14) Does the IWULA Report draw an overall conclusion regarding positive and negative aspects and make
relevant recommendations, in particular regarding proposed license conditions?
15) Does the IWULA Report adequately address the requirements of the DWA IWULA and IWWMP
Guidelines?
On the basis of the outcome of the Review, the Standardised Review Form provides for an Overall Grading of
the Report, which could be “Excellent”, “Good”, “Satisfactory”, “Inadequate”, or “Poor”. The conclusion of the
Peer Review thus determines the Overall Grading of the IWULA, and makes a recommendation regarding the
suitability of the IWULA Report for submission to the authorities, and regarding the suitability of the IWWMP
Action Plan.
1.5 STRUCTUREOFTHISREVIEWREPORT
This Review Report is structured as follows:
Chapter 1 (this chapter) contains a brief introduction and background to the review, provides an
orientation to the peer review, outlines the purpose of the review, indicates the approach and
methodology followed for the review, and summarises the structure of the document;
Chapter 2 discusses the requirements for the compilation of an IWULA aimed at addressing the
management of water use as defined in the NWA, and summarises the requirements for an IWULA and
IWWMP as outlined in the DWA IWULA and IWWMP Guidelines, in order to establish the criteria for the
review of the IWULA for KiPower;
Chapter 3 summarises the findings of the review of the KiPower IWULA against the review criteria
established in chapter 2; and
Chapter 4 contains a conclusion regarding the findings of the review and makes some recommendations.
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
AUGUST 2014 © CBSS PAGE 7
2 REVIEWCRITERIA:LEGISLATIVECONTEXTANDSUBSTANTIVEASPECTSRELATINGTOANIWULA
This Chapter discusses the requirements for the compilation of an IWULA aimed at addressing the management
of water use as defined in the NWA, and summarises the requirements for an IWULA as outlined in the DWA
Guidelines, in order to establish the criteria for the review of the IWULA for KiPower.
2.1 LEGISLATIVECONTEXT:APPLICABILITYOFTHENWAREQUIREMENTS
The determination of the applicability of the NWA requirements for the authorisation of water uses, and thus
the scope of an IWULA, requires a phased approach: Firstly, the applicability of the NWA‐definition of “water
use” to the activities need to be determined in order to identify water uses as defined in the NWA; secondly,
the type of authorisation that will be required for each water use as defined, associated with such activity,
should be established; thirdly, the applicability of any relevant regulations should be determined, and lastly, the
procedural and substantive requirements for authorisation should be evaluated, to facilitate the determination
of ‘reasonable measures’ aimed at the prevention of pollution and ensuring the sustainable use of the water
resource. These aspects are addressed in turn below:
2.1.1 Identificationof“wateruses”asdefinedintheNWA
The promulgation of the NWA in 1998 changed the manner in which the consumptive and non‐consumptive use
of water is being authorised in South Africa. “Water use” is now defined under section 21 of the NWA, (under
Chapter 4, entitled “Use of Water”), to include the following:
(a) taking water from a water resource;6 (b) storing water7 (c) impeding or diverting the flow of water in a watercourse;8 (e) engaging in a controlled activity identified as such in section 37(1) or declared under section 38(1). Section 37(1)(a)
identifies the following controlled activity: “irrigation of any land with waste or water containing waste generated through any industrial activity or by a waterwork”;9
(f) discharging waste10 or water containing waste into a water resource through a pipe, canal, sewer, sea outfall or other conduit;
(g) disposing of waste or water containing waste in a manner that may detrimentally impact on a water resource; (i) altering the beds, banks, course or characteristics11 of a watercourse; and (j) removing, discharging or disposing of water found underground if it is necessary for the efficient continuation of an
activity or for the safety of people.
6 The NWA defines “water resource” to include “a watercourse, surface water, estuary, or aquifer”; and “aquifer” means “a
geological formation which has structures or textures that hold water or permit appreciable water movement through them” 7 Note that this relates to the storage of uncontaminated water, as water containing waste falls under the ambit of section 21(g) 8 The NWA defines “watercourse” to mean “(a) a river or spring; (b) a natural channel in which water flows regularly or intermittently;
(c) a wetland, lake or dam into which, or from which, water flows; and (d) any collection of water which the Minister may, by notice
in the Gazette, declare to be a watercourse”.
The NWA defines “wetland” to mean “land which is transitional between terrestrial and aquatic systems where the water table is
usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances
supports or would support vegetation typically adapted to life in saturated soil”. 9 The NWA defines “waterwork” to include “any borehole, structure, earthwork or equipment installed or used for or in connection
with water use”. 10 The NWA defines “waste” to include “any solid material or material that is suspended, dissolved or transported in water (including
sediment) and which is spilled or deposited on land or into a water resource in such volume, composition or manner as to cause,
or to be reasonably likely to cause, the water resource to be polluted.” 11 Although the word “characteristics” is not defined in the NWA, the definition of ‘resource quality’ refers to “(b) the water quality,
including the physical, chemical and biological characteristics of the water; (c) the character and condition of the instream and
riparian habitat; and (d) the characteristics, condition and distribution of the aquatic biota”.
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
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It is important to note that these definitions are formulated quite specifically, and does not contain any metrics
(no volumes, distances, or quality requirements are specified in these definitions). Although an activity may
appear to be a water use, it has to be carefully measured against these definitions to determine if it is a water
use or not. For example:
If water is not being abstracted from a water resource, as per the definition of “water resource”, it is not
a water use as defined in section 21(a). If water is taken from, for example, a pollution control dam a
stormwater dam, or contaminated water stored in an excavated pit, such abstraction is not defined as a
water use, and does not require authorisation, as these facilities do not fall within the definition of “water
resource”.
The definitions are written in the present continuous tense, and thus apply to activities that are currently
on‐going, or that will take place in the future. Activities which have been undertaken in the past, but that
are no longer occurring, are not ‘water uses’ as defined in the NWA. Thus, for example, if disposal on a
waste rock dump has been discontinued, it is no longer a ‘water use’ as defined in section 21(g), and has
to be managed under section 19 of the NWA to ensure that reasonable measures for rehabilitation are
taken.
If a dam is no longer actively being used to store clean water (a section 21(b) water use), but it captures
contaminated stormwater runoff, it is still a water use, but now as defined under section 21(g) of the
NWA.
Only in the event that an activity will be altering the bed, banks, course or characteristics of a water
course, can it be regarded as a water use as defined under section 21(i) of the NWA. If there is no impact
on the bed, banks, course or characteristics, which include the resource quality,12 the activity is not a
water use as defined under section 21 of the NWA.
If a bridge will be constructed, and that construction will affect a water course, the definition in section
21(i) continues to apply to the activity for as long as the construction is being undertaken (“altering”).
However, once the bridge is constructed, the water course had been altered, and the definition no longer
applies.
2.1.2 Identificationofthetypeofwateruseauthorisationthatisapplicabletoidentifiedwateruses
The second aspect that needs to be considered is the type of water use authorisation that is applicable to those
activities at KiPower that are defined as water uses. The NWA provides a tiered authorisation system to regulate
the use of water. Sections 4 and 22(1) of the Act, state that:
These types of water use authorisations are discussed in more detail below:
12 “Resource Quality” is defined in the NWA as “(a) the quantity, pattern, timing, water level and assurance of in‐stream flow; (b) the
water quality, including the physical, chemical and biological characteristics of the water; (c) the character and condition of the
instream and riparian habitat; and (d) the characteristics, condition and distribution of the aquatic biota”
“…a person may only use water
(a) without a licence
(i) if that water use is permissible under Schedule 1;
(ii) if that water use is permissible as a continuation of an existing lawful use; or
(iii) if that water use is permissible in terms of a general authorisation issued under section 39;
(b) if the water use is authorised by a licence under this Act; or
(c) if the responsible authority has dispensed with a licence requirement under subsection 22(3), which
provides that such dispensing can be given if the purpose of the NWA is met by the issuing of an
authorisation under another law.”
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2.1.2.1 Water Use Authorised under Schedule 1 of the NWA
Schedule 1 to the NWA authorises a number of low impact water uses, for example reasonable domestic use,
small non‐commercial gardening, or the use of water for emergencies such as fire‐fighting, based on the
principle of ‘de minimis non curat lex’.13
2.1.2.2 Water Use Authorised as Existing Lawful Use in accordance with s34 of the NWA
Section 32 of the NWA defines ‘existing lawful water use’ (“ELU”) as water use which has taken place lawfully
in the two years preceding the commencement of the NWA, i.e. between 1 October 1996 and 30 September
1998. In accordance with section 34 of the NWA, a person, or that person's successor‐in‐title, may continue
with an existing lawful water use, subject to any existing conditions or obligations attaching to that use; its
replacement by a licence in terms of this Act; or any other limitation or prohibition by or under this Act.
As the proposed activity is to take place on a brownfields site where existing infrastructure such as bridges or
river diversions are present, it is quite possible that a number of water uses could be authorised as ELUs.
However, the current authorisation status of the existing facilities, and the current level of compliance with
such authorisations, has not been addressed in the IWULA. It is thus not possible to determine if any activity
is authorised as an ELU.
2.1.2.3 Water Use Authorised under General Authorisations promulgated ito s39 of the NWA
General Authorisations (“GAs”) have been promulgated under section 39 of the NWA for a number of water
uses as defined in section 21 of the NWA, including GN 39914 for water uses such as the abstraction (s21(a)) and
storage (s21(b)) of water; GN 66515 for water uses such as the disposal of waste and wastewater (s21(g)),
including the disposal of domestic and/or biodegradable industrial wastewater into an on‐site disposal facility;16
as well as GN 119917 for water uses such altering the bed, banks, course or characteristics of a water course
(s21(i)).
The purpose of the GAs is to lessen the administrative burden on water users and government alike, and to
facilitate self‐regulation of minor activities that does not require regulatory intervention due to the low impact
of these activities. GA’s do not replace existing authorisations under the NWA, including existing lawful water
uses and water use licenses. A GA allows limited water use, conditionally, without the need to apply for, or to
obtain, a water use licence. Limits are placed on water use under the GA depending on the nature of the use,
and the capacity of the resource to accommodate the use without significant degradation. For most water uses
the extent of use will be different at different locations, because the quantity of water available for use, and its
quality, varies. In addition to the limits placed on the use of water, additional conditions (relating, for instance
to monitoring and reporting requirements) may also be attached to GAs in terms of section 29 of the NWA.
No determination was made of whether any of the current or proposed water uses will fall within the ambit
of the GAs.
13 “The law does not concern itself with trivial matters” 14 GN 399 in GG 26187 of 26 March 2004 as extended for a further indefinite period by GN 498 of 28 June 2012 15 GN 665 in GG 36820 of 6 September 2013. Revision of General Authorisations for section 21(e), (f), (g), (h), and (j). 16 “on‐site disposal” is defined in this GA as “the disposal of wastewater on individual premises not permanently linked to a central
waste collection, treatment and disposal system, such as septic tank systems, conservancy tank systems, soakaway systems, french
drains and pit latrines” 17 GN 1199 in GG 32805 of 18 December 2009: Replacement of General Authorisation GN398 dated 24 March 2009 in terms of section
39 of the NWA for water uses as defined under section 21(c) and (i) of the NWA
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2.1.2.4 Water Use for which the requirement for Authorisation has been dispensed with in accordance with
s22(3) of the NWA
In terms of section 22(3) of the NWA, “A responsible authority may dispense with the requirement for a licence
for water use if it is satisfied that the purpose of this Act will be met by the grant of a licence, permit or other
authorisation under any other law.” This provision is contained in the NWA to further the objectives of co‐
operative governance, as provided for under section 41(1) of the Constitution, which states that “All spheres of
government and all organs of state within each sphere must … (g) exercise their powers and perform their duties
in a manner that does not encroach on the geographical, functional, or institutional integrity of government in
another sphere; and (h) co‐operate with one another in mutual trust and good faith by … (iv) coordinating their
actions and legislation with one another; … .”
The “environment”, “pollution control” and “solid waste disposal” are amongst others identified in Schedules 4
and 5 of the Constitution as functional areas of concurrent National and Provincial legislative competence, and
section 125(2)(b) of the Constitution gives Provinces the duty to implement all national legislation within the
functional areas listed in Schedules 4 and 5 of the Constitution. For this reason, the National Environmental
Management: Waste Act 59 of 2008 (“NEM:WA”) was enacted, in terms of which certain waste management
activities requires authorisation by means of a Waste Management License (“WML”), as described above.
However, the disposal of waste on land may potentially have an impact on the water resource, especially the
groundwater component of the water resource, and although water resources is a subcomponent of the
“environment” as defined in the NEMA, the management of water resources is a functional area of the exclusive
legislative competence of the DWA. This thus creates an overlap in legislation between the NEM:WA and the
NWA with regard to the disposal of waste on land. In cases where such disposal of waste on land could
potentially have impacts on environmental media other than the water resource, such as air quality and soil, the
control there‐of under the NEM:WA will be more appropriate than under the NWA.
Potential storage yards for general and hazardous18 waste at KiPower has been identified as listed activities in
regulations19 made under the NEM:WA , but these activities are also water uses under section 21(g) of the NWA.
Since activities could also have impacts on environmental media other than the water resource, such as air
quality, it would be better regulated under the NEM:WA than under the NWA. If an application is made under
the NEM:WA for a WML for these activities, and the purpose of the NWA will be met by the granting of the WML
under the NEM:WA, and an application should be made for the requirement for a water use license under the
NWA for these activities to be dispensed with by the responsible authority, in accordance with the principles of
cooperative governance, as provided for under section 22(3) of the NWA.
This aspect is correctly addressed in the draft IWULA whereby the activities are to be authorised under
NEMWA. However, the draft IWULA does not contain an application for dispensing the requirement for a
water use license for these activities.
18 “hazardous waste” is defined in section 1 of the NEM:WA to mean “any waste that contains organic or inorganic elements or
compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental
impact on health and the environment”. 19 GN 718 in GG32368 of 3 July 2009: List of Waste Management Activities that have, or are likely to have, a detrimental effect on the
environment:
Category A, Activity 1: The storage, including temporary storage, of general waste at a facility that has the capacity to store >
100m3 of general waste at any one time, excluding storage of waste in lagoons.
Category A, Activity 2: The storage, including the temporary storage, of hazardous waste at a facility that has the capacity to store
> 35m3 of hazardous waste at any one time, excluding the storage of hazardous waste in lagoons
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2.1.2.5 Requirements for a Water Use License (“WUL”)
The provisions of section 4 of the NWA, as well as the provisions of section 22(1), require that a water use as
defined under section 21 needs to be authorised by means of a water use license (“WUL”), unless such water
use is authorised as a Schedule 1 water use, or authorised as an existing lawful water use, or authorised in terms
of the General Authorisations; or the Minister has dispensed with the requirement for a water use license if the
water use has been authorised in terms of another law that will address the requirements of the NWA, as
provided for in section 22(3) of the NWA. In other words, a water use license would only be required if:
The water use is not a Schedule 1 use, or
The water use is not an existing lawful use, or
The water use does not fall within the ambit of the General Authorisations; or
The Minister has not dispensed with the requirements of a license under s 22(3) of the NWA.
2.1.3 OtherNWARequirementsapplicabletoWULAs:GNR704
Section 22(2)(c) of the NWA provides that a person who uses water for the purposes of discharge or disposal of
waste or water containing waste (as defined in s21(f), (g), (h), or (j)), must comply with any applicable waste
standards or management practices prescribed in regulations made under section 26(1)(h) and (i), unless the
conditions of the relevant water use authorisation provides otherwise. Regulations have been promulgated in
GN R70420 terms of section 26(1)(b)(g) and (i) of the NWA, which specify reasonable measures that needs to be
complied with to protect water resources from the impacts of mining activities.
In accordance with sub‐regulation 3 of GN R704, application can be made for an exemption from the
requirements of sub‐regulations 4 – 8, 10 or 11, subject to such conditions as the Minister may determine. Such
an application for exemption should be submitted together with a WULA, and if it has been granted, will be
referenced in the Water Use License.
2.1.4 LegalRequirementsfortheInformationRequirementsinsupportofaWULA
The NWA states in section 27, that a number of factors should be considered by a responsible authority in issuing
a water use license, including:
20 GN R704 published in GG20119 of 4 June 1999: Regulations in terms of section 26 of the NWA on the Use of Water for Mining and
Related Activities aimed at the Protection of Water Resources
(a) existing lawful water uses; (b) the need to redress the results of past racial and gender discrimination; (c) efficient and beneficial use of water in the public interest; (d) the socio‐economic impact ‐
(i) of the water use or uses if authorised; or (ii) of the failure to authorise the water use or uses;
(e) any catchment management strategy applicable to the relevant water resource; (f) the likely effect of the water use to be authorised on the water resource and on other water users; (g) the class and the resource quality objectives of the water resource; (h) investments already made and to be made by the water user in respect of the water use in question; (i) the strategic importance of the water use to be authorised; (j) the quality of water in the water resource which may be required for the Reserve and for meeting
international obligations; and (k) the probable duration of any undertaking for which a water use is to be authorised.
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In order to make an informed decision that will adequately address the evaluation criteria outlined in section 27
of the NWA, section 40 of the NWA states that a person who is required or wishes to obtain a license to use
water must apply to the relevant responsible authority for a license. Section 41 outlines the procedure for
license applications, stating that:
The information requirements of the DWA, as per the specifications of section 41(2) of the NWA, for the
preparation of a WULA are contained in a set of documents collectively known as the 2007 External and Internal
DWA WULA Guidelines (“DWA 2007 WULA Guidelines”), and the water use licence application process is
illustrated as follows in these documents:
F IGURE 2: WATER USE AUTHORISAT ION PROCESS
((1) An application for a licence for water use must ‐
(a) be made in the form; (b) contain the information; and (c) be accompanied by the processing fee, determined by the responsible authority.
(2) A responsible authority ‐ (a) may, to the extent that it is reasonable to do so, require the applicant, at the applicant's expense, to obtain and
provide it by a given date with ‐ (i) other information, in addition to the information contained in the application; (ii) an assessment by a competent person of the likely effect of the proposed licence on the resource
quality; and (iii) an independent review of the assessment furnished in terms of subparagraph (ii), by a person
acceptable to the responsible authority; (b) may conduct its own investigation on the likely effect of the proposed licence on the protection, use,
development, conservation, management and control of the water resource; (c) may invite written comments from any organ of state which or person who has an interest in the matter; and (d) must afford the applicant an opportunity to make representations on any aspect of the licence application.
(3) A responsible authority may direct that any assessment under subsection (2)(a)(ii) must comply with the requirements contained in regulations made under section 26 of the Environment Conservation Act, 1989 (Act No.73 of 1989).
(4) A responsible authority may, at any stage of the application process, require the applicant ‐ (a) to give suitable notice in newspapers and other media ‐
(i) describing the licence applied for; (ii) stating that written objections may be lodged against the application before a specified date, which
must be not less than 60 days after the last publication of the notice; (iii) giving an address where written objections must be lodged; and (iv) containing such other particulars as the responsible authority may require;
(b) to take such other steps as it may direct to bring the application to the attention of relevant organs of state, interested persons and the general public; and
(c) to satisfy the responsible authority that the interests of any other person having an interest in the land will not be adversely affected.
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2.2 GUIDELINESFORTHECOMPILATIONOFANIWWMP
These WULA‐guidelines specify that a WULA that entails a water use that will impact on the quality of a water
resource, such as the disposal of waste, must be accompanied by an Integrated Water and Waste Management
Plan (“IWWMP”). The requirements for the preparation of an IWWMP are outlined in the DWA 2010 IWWMP
Guidelines,21 which, in short, require the following:
Detailed description of the potentially affected environment from a regional socio‐economic perspective,
as well as the bio‐physical environmental components, specifically water resources, biodiversity and
sensitive areas;
Detailed description of the proposed activity, indicating the need for the project, the institutional
environmental management arrangements, the activities and surface infrastructure associated with the
project, the water use and waste disposal requirements and arrangements, etc.;
The legal requirements for water use authorisation;
The assessment of potential impacts and risks associated with the proposed activities;
Reasonable measures to prevent pollution resulting from such impacts or risks;
Monitoring requirements for surface and groundwater; and
An implementable Plan that summarises reasonable measures indicating timeframes and resources.
The DWA 2010 IWWMP Guideline states that the “compilation of an IWWMP is NOT a process designed to
consist of the padding of information by means of the combination of all existing information and studies into a
single big document. It is also NOT a duplication of existing Environmental Impact Assessment (“EIA”) and/or
Environmental Management Programme (“EMP”) processes. It is a process in which the essence is abstracted
from all existing water management programmes and specialist studies, and consolidated into a single feasible,
sustainable and measurable plan that could be implemented, audited and monitored by water users,
government and I&APs, and which can be updated and improved on a continual basis. ”
The DWA IWWMP Guidelines follow the accepted methodology for environmental management planning. The
approach towards environmental planning is essentially that of a gap analysis, and the identification and
evaluation of options to close high priority gaps:
Firstly, the existing status is determined with respect to the relevant aspects that need to be addressed
in the plan, and expectations of stakeholders with regard to these aspects are established.
These stakeholder expectations are formulated into “SMART”22 management objectives.
The gaps between the existing status and the management objectives are then prioritised based on the
potential risks posed by the different aspects, and options or alternatives that will achieve the
management objectives are identified and evaluated against each other to identify the Best Practicable
Environmental Option23 (“BPEO”) for addressing a specific aspect.
Action Plans for the implementation of the identified BPEO for each aspect are then prepared, indicating
roles and responsibilities, and timeframes for implementation.
21 DWA, 2010: Operational Guideline: Integrated Water and Waste Management Plan for the preparation of the Water Quality
Management Technical Document to support the Application for Licences for Mining and Industries in Terms of the Requirements
of the National Water Act, 1998 (Act 36 of 1998) (“DWA 2010 IWWMP Guideline”) 22 SMART = “Specific, Measurable, Achievable, Resourced, Time‐framed” 23 National Environmental Management Act 107 of 1998 (“NEMA”) section 2: “Environmental management must be integrated,
acknowledging that all elements of the environment are linked and interrelated, and it must take into account the effects of
decisions on all aspects of the environment and all people in the environment by pursuing the selection of the best practicable
environmental option” (“BPEO”).
BPEO is defined in section 1 of the NEMA as ‘the option that will provide the most benefit or cause the least damage to the
environment as a whole, at a cost acceptable to society, in the long term as well as the short term’
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The approach to be followed with the development of the IWWMP should be in line with the “Plan, Do, Check,
Act” (“PDCA”) management approach of Dr Edward Deming, as illustrated in Figure 3 below, which is widely
used in environmental management and planning systems, such as ISO14001:
F IGURE 3: THE DEMING CYCLE OF CONT INUAL IMPROVEMENT
The methodology to be followed for the preparation of an IWWMP thus entails the following:
1. Establish the existing status (Status Quo) with regard to all relevant socio‐economic and environmental aspects, as
well as the planned activities, systems and processes at KiPower by reviewing all available existing information and
documentation on these activities and the environment within which it will be implemented.
2. Identify the water uses as defined in the NWA that are associated with the water and waste management aspects,
activities, systems and processes at KiPower, and determine the regulatory status of the identified water uses, as well
as establish the water uses that requires licensing, to facilitate the identification of potential risks or impacts associated
with these water uses.
3. Determine stakeholder expectations with regard to integrated water and waste management aspects through
obtaining input from mine management, the DWA, other authorities, and relevant key stakeholders where applicable.
Formulate these expectations into SMART management objectives (Desired End State).
4. Determine the gaps, backlogs or shortfalls between the existing status and the desired end state, and prioritise these
gaps based on the identified potential risks or impacts on the water resource or its users, potential legal liabilities for
KiPower, or potential for damage to its image.
5. Identify and evaluate alternatives that could be implemented to achieve the management objectives to determine
the option that could be implemented as the BPEO.
6. Summarise the actions required for implementation of the BPEO for each identified and prioritised gap into a draft
IWWMP Report, by preparing an IWWMP Action Plan and an implementation schedule, with performance indicators
and monitoring measures, budgets, and timeframes.
7. Discuss the draft IWWMP Report and Action Plan with KiPower management, the DWA, other authorities, and key
stakeholders to determine acceptability.
8. Prepare a Final IWWMP Report, addressing the comments received from stakeholders for submission to the DWA.
9. Prepare an IWULA which summarises the information requirements in support of the application for the licensing of
the identified water uses.
A typical IWWMP Action Plan will consist of at least the following elements:
KPA’s Objectives Management Measures
and Tasks
Roles &
Responsibilities Timeframes
Monitoring
& Review
e.g. Water and
Waste
Governance
The DWA IWWMP Guideline furthermore contains a proposed “Table of Contents”, which outlines certain
aspects to be addressed by an IWWMP.
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2.3 FORMULATIONOFKEYREVIEWQUESTIONS
The Key Review Questions were formulated by making use of the standardised review questions, and updating
these to be applicable to the review of an IWULA, taking cognisance of the purpose of this Review as outlined in
paragraph 1.2, and the legal requirements, guideline specifications and information requirements as discussed
above.
The Key Review questions for this Review of the KiPower IWULA, are as follows:
1) Does the IWULA Report contain a non‐technical Executive Summary?
2) Does the IWULA Report contain a description of its structure, of the approach and methodology followed in its compilation, and does it describe and incorporate the findings of specialist studies?
3) Does the IWULA Report properly describe the socio‐economic context and bio‐physical environmental baseline?
4) Does the IWULA Report properly describe the properties, rights and ownership status?
5) Does the IWULA Report properly describe the proposed activity in the context of the current situation, including all activities, institutional arrangements and infrastructure that could have an effect on water management??
6) Does the IWULA Report properly describe the proposed activity in the context of the current situation as it relates to water supply, water use and consumption, management of run‐off and wastewater, and water balances?
7) Does the IWULA Report adequately address relevant water‐related legislation, requirements for authorisation, regulations, and guidelines?
8) Does the IWULA Report identify all water uses as defined in the NWA that are associated with the proposed project, and does it then identify those water uses that require authorisation by means of a WUL?
9) Does the IWULA Report properly identify impacts and risks associated with the activity to the water resource, including users of the water resource, are the significance of these impacts determined, and is a quantification of significant risks conducted based on adequate information and a consistent scientific assessment methodology?
10) Does the IWULA Report properly identify appropriate management measures to address significant risks, and were alternative management measures considered and evaluated?
11) Does the IWULA Report include an appropriate monitoring programme to measure impacts/risks and the effectiveness of implementation of mitigation and management measures, including the monitoring of water quantity, water quality, and bio‐monitoring, with verifiable locations, variables and frequencies for monitoring?
12) Does the IWULA Report contain a practical and implementable IWWMP Action Plan, that focusses on the most important issues, associates specific objectives or KPAs with identified management measures, setting out tasks, responsibilities, timeframes, monitoring and review periods; and is the development of this IWWMP Action Plan properly described, indicating how the formulation of objectives considered inputs from stakeholders and the public? Does the IWULA Report discuss the legal implications of the implementation of the IWWMP Action Plan?
13) , Has the execution of the water use authorisation process been described, and the information requirements of section 27 of the NWA been appropriately addressed?
14) Does the IWULA Report draw an overall conclusion regarding positive and negative aspects and make relevant recommendations, in particular regarding proposed license conditions?
15) Does the IWULA Report adequately address the requirements of the DWA WULA and IWWMP Guidelines?
The outcome of the Review of the KiPower IWULA against these Key Review Questions is discussed in the next
Chapter.
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3 SUMMARYOFFINDINGSOFTHEIWULAREVIEW
This Chapter summarises the findings of the review of the KiPower IWULA against the review criteria established
in chapter 2.
3.1 GENERALCOMMENTSONTHEKIPOWERIWULA
Some general comments on the KiPower IWULA are discussed below:
3.1.1 WaterUsesforwhichaLicenseisbeingapplied
Application is being made with this IWULA for a water use license for the following proposed water uses at
KiPower, described in more detail in Table 4.1 of the IWULA:
Section 21(a) ‐ abstraction of contaminated water from Pit H ;
Section 21(b) ‐ storage of water at the power plant and ADF;
Section 21(c) ‐ impeding or diverting the flow of water in a watercourse due to road upgrading, Wilge
River bridge crossing, conveyors, power plant, ADF and wetland offset projects;
Section 21(f) ‐ storm water discharges from the construction area, discharge of excess treated water
during operations during extreme rainfall events;
Section 21(g) ‐ disposing of waste in a manner which may detrimentally impact on a water resource from
the pollution control dams at the ADF and at the power plant, silt traps during construction, ADF, sewage
treatment plant, sumps, conveyor transfer points, coal and sorbent stockpiles and rail offloading area;
and
Section 21(i) – altering the bed, bank, course or characteristics of a water course through road upgrading,
the Wilge River bridge crossing, conveyors, power plant and ADF and clean storm water discharges from
power plant and ADF.
As discussed in paragraph 2.1.1 above, the abstraction of contaminated water stored in an excavated pit is not
defined as a water use in terms of section 21(a) of the NWA. The removal of this water should be addressed as
part of a rehabilitation and remediation plan for the excavation, in accordance with section 19 of the NWA.
The inclusion of the application for section 21(f) water uses is vague, as no specific discharge point or discharge
volumes are provided.
As discussed in paragraph 2.1.2.2 above, the proposed activity is to take place on a brownfields site where
existing infrastructure such as bridges or river diversions are present, and it is quite possible that a number of
water uses could be authorised as ELUs. However, the current authorisation status of the existing facilities, and
the current level of compliance with such authorisations, has not been addressed in the IWULA. It is thus not
possible to determine if any activity is authorised as an ELU. As discussed in paragraph 2.1.2.3 above, no
determination of the applicability of the General Authorisations has been made.
It is thus also possible to determine if the water uses as listed in the WULA actually require authorisation by
means of a WUL.
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3.1.2 IWWMPActionPlan
The IWULA for KiPower does not contain an IWWMP Action Plan. Under Appendix L, it is stated that the IWWMP
“will be included in the submission to DWA”. This key document is thus not available for public scrutiny, which
is a substantial omission, especially as the issues raised by stakeholders should be addressed in the objectives
of the IWWMP.
On this basis alone, it can be stated that the document submitted as an IWULA for KiPower, does not comply
with the procedural and substantive requirements for WULAs and IWWMPs as outlined by the DWA. Further
specific procedural and substantive shortcomings are highlighted below:
3.1.3 SomeSpecificProceduralShortcomings
The following main procedural shortcomings were identified:
The approach and methodology followed for the compilation of the report, the development of the
IWWMP Action Plan, and the execution of the water use license application process, are not described.
The report does not indicate what data are inadequate or absent, and does not identify knowledge gaps.
Although gaps in information were pointed out to the applicant during the public participation process
for the EIA/EMPr, these were not addressed in the compilation of the IWULA. There is a lack of required
information on water aspects that leads to an incomplete and deficient process.
The IWULA does not address relevant local, regional and national plans. For example, there is no
reference to the IDP of the local and district municipality, or to the ISP for the relevant WMA.
The IWULA does not adequately identify all water uses as defined in the NWA, and does not contain a
proper description of water uses, in that none of the locations of the water uses identified are described
by means of the coordinates where it will occur. The discussions on ELUs and GAs are legally incorrect,
with the result that it is not possible to determine if the water uses listed in Table 4‐1 of the IWULA,
actually requires authorisation by means of a water use license.
It appears that the compilers of the IWULA for KiPower is attempting to avoid issues raised on water
aspects during public consultation: Although the process followed for public consultation is described in
paragraph 9 on p153 onward, there is no indication of any issues or concerns raised during public
consultation processes regarding impacts on water or on other water users. Paragraph 9.5 is entitled
“Issues raised”, but this paragraph meaninglessly refers to the Comments and Response Report, and does
not extract relevant comments relating to impacts on water resources and water users. This is a serious
omission, as the issues raised by the public during such processes that relate to water, should be captured
in the IWULA, and should inform the objectives of the IWWMP Action Plan.
Although there is a discussion on aspects listed in section 27 of the NWA in par 10.5 from p161 onward,
the aspects mentioned do not fulfil the information requirements of section 27. For example, without
conducting a determination of the existence of ELUs, the statement is made that there are no such uses.
The most glaring issue in this respect, is that the IWULA is indifferent towards social issues that relate to
water: without describing the socio‐economic baseline, and without assessing impacts on other water
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users and communities, and without listing the water‐related issues raised during public participation, the
unsubstantiated conclusion is reached in par 10.5.4 that the proposed project will only result in social
benefits, and that there will be no social disadvantages. There is no IWWMP Action Plan, and it is not
possible to determine if issues raised during public participation will be used to inform the objectives and
KPAs of the IWWMP Action Plan. It is thus not clear how the conclusion can be reached that the
authorisation of the water uses will be “beneficial in the public interest”, or how the issuing of the WUL
will contribute to addressing the results of past racial and gender discrimination in the area. The
discussion in par 10.5.5 does not refer to the ISP for the Olifants, which is the current interim catchment
management strategy for the Olifants.
3.1.4 SomeSpecificSubstantiveShortcomings
J&W states in the covering letter requesting comments on the IWULA that “The information contained in the
final Environmental Impact Assessment Report (EIR)/ Environmental Management Programme (EMPr), and
applicable supporting specialist studies, formed the basis for the Integrated Water Use License Application
Report.” The IWULA relies heavily on the information contained in the EIA/EMPr, and often does not summarise
the relevant information in the IWULA, but refers the reader back to the EIA/EMPr. This not only causes the
IWULA to be challenging to read, it also implies that all the issues raised in comments during March 2014 on the
draft EIA/EMPr are also applicable to the IWULA, since these issues were not addressed in the Final EIA/EMPr,
and the Final EIA/EMPr was used to compile the IWULA.
This leads to serious substantive deficiencies in the WULA, including the following:
The IWULA does not describe the social, economic and cultural aspects of the baseline environment that
may be affected by the proposed activity, and does not describe the biophysical components of the area
to an acceptable level of detail – refer to CBSS comments on EIA/EMPr dated 24 March 2014. For example,
the following information gaps on the baseline environment have not been addressed:
o There is a serious lack of site specific information on groundwater conditions at the project area;
o There is no detail on the scope or extent of the hydro census that is said to have been carried
out (par 5.2) – if it was only conducted for a 1km radius around the site, it is evident that no
other water users will be identified, however, there is no information on this aspect;
o There is no information is available on the current (baseline) status of groundwater pollution
associated with the areas where the proposed ADF and Power Station sites are to be located;
o There is no attempt to identify and quantify primary and secondary source terms responsible
for current groundwater pollution;
o No information could be found regarding the acid generating potential of the material currently
in the pits;
o No geochemical modelling has been performed to compare the current scenario with the
proposed future scenarios; and
o There is no information available on evaluating alternatives with regard to cover options, or the
process followed to choose the preferred option.
Par 2.7.1.3 states that “a separate EA process” is underway for water supply pipelines, and indicates that
“other sources” of water supply are under investigation. This is unacceptable, as the DWA cannot be
expected to issue a WUL if the source of water for the project is still not finalised;
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AUGUST 2014 © CBSS PAGE 19
The establishment of limit values for surface water quality is discussed in par 3.6.1 on p53. There is no
discussion of the limit values for groundwater;
The report does not specify the water quality limits that will be used to determine the suitability of water
to be discharged from the Temporary PCD into the river during the construction phase;
The “clean water management” system described in par 2.7.3.5 is not in accordance with the principle of
pollution prevention, as water from areas “where no spillage is expected” will be discharged into a surface
water resource without verification that the water is in fact uncontaminated;
The water balances in Figure 2‐9 on p 36 and Fig 4‐6 on p96 are illegible, and do not indicate total volumes
of water abstracted/obtained from each identified source, total volumes of water consumed, and total
volumes of water that require discharge or disposal under different seasonal or operating conditions;
With regard to the description of the activity, no information could be found relating to the
decommissioning of the Power Plant and the ADF – there is no future and use objectives specified, no
closure and decommissioning activities listed or assessed, and closure and rehabilitation costs and
measures were not determined;
The gaps in the specialist studies regarding the water environment supporting the application, as pointed
out in the EIA/EMPr assessment, are still relevant and lead to a lack of adequate impact identification,
which causes the determination of cumulative impacts to be questionable;
Impacts arising from non‐standard operating conditions, accidents and emergencies were not identified
or assessed;
With the lack of a proper baseline description, and the gaps in impact identification, the impact
assessment is incomplete, and this implies that no determination can be made as to the effectiveness of
proposed mitigation measures;
The IWULA Report does not identify, describe and investigate the potential adverse effects of mitigation
measures, does not consider the potential for conflict between the benefits of mitigating measures and
their adverse impacts, and does not discuss alternatives for mitigation;
The Report does not provide substantiated reasons for selecting the proposed mitigation measures, nor
does it motivate how the preferred mitigation measure can be regarded as the BPEO;
As the IWULA does not contain an IWWMP Action Plan, there is no information on objectives for
rehabilitation or for closure, which is a serious gap, considering that this proposed development is on a
brownfields site;
The IWULA Report does contain some proposals towards water quality monitoring and “biodiversity
monitoring” in par 8 from p143 onward. However, the following gaps exist in the description of the
monitoring programme:
o No coordinates of monitoring locations are provided;
o No methodologies are specified for groundwater monitoring;
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AUGUST 2014 © CBSS PAGE 20
o No motivation is provided to explain the selection of locations for surface‐ and groundwater
monitoring;
o No monitoring programme for water quantity is proposed;
o No locations or monitoring indices for bio‐monitoring are indicated;
o No description is provided of a management system for the capturing, storage and
interpretation of monitoring data and information; and
o It is not possible to determine if monitoring arrangements are aimed at measuring identified
impacts or risks and the effectiveness of mitigation and management measures, as the purpose
and objective of the monitoring programme is not outlined.
The IWULA does not contain management commitment to the implementation of the IWWMP Action
Plan or of proposed mitigation measures;
Legal implications of the implementation of the IWWMP Action Plan or of proposed mitigation measures,
such as the need for EIA Authorisation for the construction of mitigation measures, have not been
addressed;
The Report does not give prominence and emphasis to severe adverse impacts, to substantial
environmental benefits, and to controversial issues. Most noteworthy is the failure to assess impacts on
other water users. Also concerning is the failure to assess the spatial and temporal extent of impacts on
surface and groundwater; and
The IWULA Report does not draw an overall conclusion regarding positive and negative aspects, does not
contain an opinion whether the activity should be authorised or not, and does not make relevant
recommendations, in particular regarding proposed license conditions
3.2 SUMMARYOUTCOMEOFTHEREVIEWOFTHEKIPOWERIWULA
On the basis of the methodology described in Chapter 1, and the review criteria established in Chapter 2, a
detailed review was conducted on the KiPower IWULA. The outcome of this review can be summarised as
follows:
Key Review Question C/A/I Comments
1) Does the IWULA Report contain a non‐technical Executive Summary?
A The KiPower IWULA does contain an adequate non‐technical executive summary.
2) Does the IWULA Report contain a description of its structure, of the approach and methodology followed in its compilation, and does it describe and incorporate the findings of specialist studies?
I
The KiPower IWULA does not contain a description of its structure, and the approach and methodology followed in its compilation. It states that a copy of the EIR, which contains the Specialist Studies, is attached as Appendix M, and par 5 on p99 discusses “summary findings” of the specialist studies, but no detail is provided regarding which of these Specialist studies is relevant for the IWULA.
3) Does the IWULA Report properly describe the socio‐economic context and bio‐physical environmental baseline?
I
Par 3 on p 49 is entitled “Present environmental status”, however, this section is inadequate: There is no description of the social, economic and cultural aspects of the environment that may be affected by the proposed activity. A description of the bio‐physical environment is provided, however, the baseline environmental conditions have not been described to the required level of detail, for example, there is a serious lack of site specific information on soil and groundwater conditions at the project area.
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
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Key Review Question C/A/I Comments
4) Does the IWULA Report properly describe the properties, rights and ownership status?
I
Although properties are listed in par 2.5 on p 14 , there is no reference to the Title Deed numbers, and the reference to property names are incorrect (e.g. “Haverglen 269 IR rem of 269” instead of “Remaining Extent of the farm Haverglen 269 IR”). No indication is given of existing mining rights or relevant servitudes, and the map which indicates the location of each of these properties (Fig 2‐2 on p17) is illegible.
5) Does the IWULA Report properly describe the proposed activity in the context of the current situation, including all activities, institutional arrangements and infrastructure that could have an effect on water management??
I
Paragraphs 2.6, 2.7 and 2.8 describe the proposed activity, but do not describe the current situation adequately, and give no indication of proposed instructional arrangements for water management.
6) Does the IWULA Report properly describe the proposed activity in the context of the current situation as it relates to water supply, water use and consumption, management of run‐off and wastewater, and water balances?
I
Par 2.7.1.3 states that “a separate EA process” is underway for water supply pipelines, and indicates that “other sources” of water supply are under investigation. This is unacceptable, as the DWA cannot be expected to issue a WUL if the source of water for the project is still not finalised. The “clean water management” system described in par 2.7.3.5 is not in accordance with the principle of pollution prevention, as water from areas “where no spillage is expected” will be discharged into a surface water resource without verification that the water is in fact uncontaminated. The water balances in Figure 2‐9 on p 36 and Fig 4‐6 on p96 are illegible, and do not indicate total volumes of water abstracted/obtained from each identified source, total volumes of water consumed, and total volumes of water that require discharge or disposal under different seasonal or operating conditions.
7) Does the IWULA Report adequately address relevant water‐related legislation, requirements for authorisation, regulations, and guidelines?
I
Par 4.1 indicates that the water uses that require licensing is listed in Table 4‐1, which lists requirements for exemption from GN R704 in addition to water uses, although no explicit indication is given that such Exemption is required in addition to a WUL. The establishment of limit values for surface water quality is discussed in par 3.6.1 on p53. There is no discussion of the limit values for groundwater.
8) Does the IWULA Report identify all water uses as defined in the NWA that are associated with the proposed project, and does it then identify those water uses that require authorisation by means of a WUL?
I
The IWULA does not adequately identify all water uses as defined in the NWA, and does not contain a proper description of identified water uses, in that none of the locations of the water uses identified are described by means of the coordinates where it occurs. The discussions on ELUs and GAs are legally incorrect, with the result that it is not possible to determine if the water uses listed in Table 4‐1 actually requires authorisation by means of a water use license.
9) Does the IWULA Report properly identify impacts and risks associated with the activity to the water resource, including users of the water resource, are the significance of these impacts determined, and is a quantification of significant risks conducted based on adequate information and a consistent scientific assessment methodology?
I
The Report does contain an impact assessment, and does describe the impact assessment methodology in par 6.1. However, due to the fact that the Report does not contain an adequate and accurate description of the baseline socio‐economic environment, relevant impacts were not identified and assessed, including cumulative impacts.
10) Does the IWULA Report properly identify appropriate management measures to address significant risks, and were alternative management measures considered and evaluated?
I
Since the baseline environment, specifically for socio‐economics, was not properly described, and impacts and risks were not properly identified and assessed, no judgement can be made regarding the effectiveness of proposed mitigation measures. No alternative mitigation and management measures were assessed.
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
AUGUST 2014 © CBSS PAGE 22
Key Review Question C/A/I Comments
11) Does the IWULA Report include an appropriate monitoring programme to measure impacts/risks and the effectiveness of implementation of mitigation and management measures, including the monitoring of water quantity, water quality, and bio‐monitoring, with verifiable locations, variables and frequencies for monitoring?
I
The IWULA Report does contain some proposals towards water quality monitoring and “biodiversity monitoring” in par 8 from p143 onward. No coordinates of monitoring locations are provided. No monitoring programme for water quantity is proposed, no locations or monitoring indices for bio‐monitoring are indicated, and no description is provided of a management system for the capturing, storage and interpretation of monitoring data and information. It is not possible to determine if monitoring arrangements are aimed at measuring identified impacts or risks and the effectiveness of mitigation and management measures, as the purpose and objective of the monitoring programme is not outlined.
12) Does the IWULA Report contain a practical and implementable IWWMP Action Plan, that focusses on the most important issues, associates specific objectives or KPAs with identified management measures, setting out tasks, responsibilities, timeframes, monitoring and review periods; and is the development of this IWWMP Action Plan properly described, indicating how the formulation of objectives considered inputs from stakeholders and the public? Does the IWULA Report discuss the legal implications of the implementation of the IWWMP Action Plan?
I
No. Under Appendix L, it is stated that the IWWMP “will be included in the submission to DWA”. This key document is thus not available for public scrutiny, which is a substantial omission, especially as the issues raised by stakeholders should be addressed in the objectives of the IWWMP. Legal implications of the implementation of an IWWMP Action Plan, such as the need for EIA Authorisation for the construction of mitigation measures, have not been addressed.
13) Has the execution of the water use authorisation process been described, and the information requirements of section 27 of the NWA been appropriately addressed?
I
The execution of the water use authorisation process have not been described, and the information requirements of section 27 of the NWA have not been appropriately addressed – for example, without conducting a determination of the existence of ELUs, the statement is made that there are no such uses. The most glaring issue in this respect, is that, without describing the socio‐economic baseline, and without assessing impacts on other water users and communities, the conclusion is reached in par 10.5.4 that the proposed project will only result in social benefits, and implies that there will be no social disadvantages. The discussion in par 10.5.5 does not even refer to the ISP for the Olifants, which is the current interim catchment management strategy for the Olifants.
14) Does the IWULA Report draw an overall conclusion regarding positive and negative aspects and make relevant recommendations, in particular regarding proposed license conditions?
I
The IWULA Report does not draw an overall conclusion regarding positive and negative aspects, and does not make relevant recommendations, in particular regarding proposed license conditions.
15) Does the IWULA Report adequately address the requirements of the DWA WULA and IWWMP Guidelines?
I On the basis of the review of the IWULA Report, it is concluded that it does not adequately addresses the requirements of the DWA WULA and IWWMP Guidelines.
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
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3.3 OVERALLGRADINGOFTHEKIPOWERIWULA
The document is generally well laid out, but no co‐ordinates indicating the exact positions of the water uses for
which authorisation is applied for, have been provided, and figures are often too small and illegible. The overall
grading of the IWULA Report for KiPower is as follows:
Excellent: The IWULA Report contains everything required for the implementation of future management
measures and any decision‐making by authorities. There are no gaps.
Good: The IWULA Report contains most of the information required as far as it is relevant in the particular
circumstances of the project; any gaps are relatively minor, and it can be used for the implementation of future
management measures and any decision‐making by authorities.
Satisfactory: The information presented is not complete; there are significant omissions, but in the context of
the project, these are not so great as to prevent the implementation of future management measures and any
decision‐making by authorities.
Inadequate: Some of the information has been provided, but there are major omissions; in the context of the
project these must be addressed before the document can be submitted to the authorities or used for the
implementation of proposed management measures.
Poor: The information required has not been provided or is far from complete and, in the context of the proposed
project, the omissions must be addressed before the document can be submitted to the authorities or used for
the implementation of proposed management measures.
The overall grading of the IWULA Report for KiPower is “Inadequate”, as baseline information is incomplete,
description of the socio‐economic environment is absent, the type of water use authorisations required have
not been determined, and issues raised by the public were not considered in the formulation of objectives for
water management.
X
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AUGUST 2014 © CBSS PAGE 24
4 CONCLUSIONANDRECOMMENDATION
As indicated in Chapter 1, the purpose of this Peer Review was to determine the following with regard to the
IWULA for KiPower:
Whether the KiPower IWULA adequately addresses the substantive requirements of the NWA (including its
regulations) that relate to prevention of water pollution; judicious water management; and authorisation of
the water uses associated with the proposed activities;
Whether the KiPower IWULA was prepared in accordance with, and adequately addresses the requirements of
the Guidelines prescribed by the Department of Water Affairs (“DWA”) for the preparation of IWULAs24 and
IWWMPs;
Whether the IWULA contains a proposed IWWMP Action Plan that is practical and implementable; and
Whether the document can be used as supporting documentation for a water use license application.
The relevant legislative context for this Peer Review is outlined in Chapter 2, which also establishes the criteria
for the Peer Review, and the outcome of the Peer Review, is discussed in Chapter 3. In this chapter, a final
conclusion is drawn, and recommendations made.
4.1 CONCLUSION
With regard to these objectives, the following:
The KiPower IWULA does not address the substantive requirements of the NWA (including its regulations) that
relate to prevention of water pollution, judicious water management and authorisation of the water uses
associated with the proposed activities, adequately;
The KiPower IWULA was not prepared in accordance with, and does not adequately addresses the
requirements of the Guidelines prescribed by the Department of Water Affairs (“DWA”) for the preparation of
IWULAs and IWWMPs;
The KiPower IWULA does not contain a proposed IWWMP Action Plan that is practical and implementable; and
The KiPower IWULA cannot be used as supporting documentation for a water use license application.
The critical flaws in this IWULA is that it does not consider the relevant guidelines, it does not appropriately
describe the socio‐economic and bio‐physical environment in which the activity is to be undertaken, and it does
not identify and assess impacts and risks on the socio‐economic and bio‐physical environment, specifically on
groundwater and on other water users. As a result, it is not possible to determine if proposed mitigation and
management measures proposed in the document will be adequate to address potential impacts.
The IWULA does not contain an IWWMP Action Plan. The development of the IWULA also did not consider or
incorporate comments received during public participation into the setting of management objectives. It
appears as though KiPower is attempting to avoid or minimise public participation on water aspects.
4.2 RECOMMENDATION
These oversights are significant enough in the context of water use authorisation requirements to support a
recommendation that adequate grounds for a successful legal challenge may very likely exist, should a WUL be
issued based on this WULA. If these gaps are not addressed, it will not be possible to implement proper water
governance and management at KiPower, which could carry a significant risk to the local community.
24 DWAF, 2007: Water Use Authorisation: External and Internal Guidelines (“DWA WULA Guidelines”)
PEER REVIEW OF KIPOWER IWULA FOR GROUNDWORK
AUGUST 2014 © CBSS PAGE 25
REFERENCES
LEGISLATION
Republic of South Africa (RSA), 2013. GN 665: Revision of General Authorisations for section 21(e), (f), (g), (h), and (j). (GN
665 in GG 36820 of 6 September 2013)
RSA, 2009. GN 1199: Replacement of General Authorisation GN398 dated 24 March 2009 in terms of section 39 of the NWA
for water uses as defined under section 21(c) and (i) of the NWA (GN 1199 in GG 32805 of 18 December 2009)
RSA, 2008. National Environmental Management: Waste Act, 59 of 2008.
RSA, 2004. Mineral and Petroleum Resources Development Regulations. (R.527 in GG 26275 of 23 April 2004).
RSA, 2004. GN 399, as extended by NN417 of 13 May 2011. General Authorisation in terms of Section 39 of the NWA.
RSA, 2002. Mineral and Petroleum Resources Development Act, 28 of 2002.
RSA, 1999. Regulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources
(GN704, in GG 4 June 1999 Vol. 408, No. 20119).
RSA, 1998. National Water Act, 36 of 1998. Government Printer, Pretoria.
RSA, 1998. National Environmental Management Act, 107 of 1998.
RSA, 18 May 1984. Regulations on the Purification of Wastewater. GN 991 in terms of Section 21 (1) (a) of the Water Act,
1956 (Act 54 of 1956)
GOVERNMENTSTANDARDSANDGUIDELINES
DEAT, 2004. Review in Environmental Impact Assessment, Integrated Environmental Management Information Series 13
DWA, 2012. National Water Resource Strategy, Second Edition (“NWRS‐2”)
DWA, 2010. Operational Guideline: Integrated Water and Waste Management Plan for the preparation of the Water Quality
Management. Technical Document to support the Application for Licences for Mining and Industries in Terms of
the Requirements of the National Water Act, 1998 (Act 36 of 1998) (“DWA IWWMP Guideline”)
Department of Water Affairs and Forestry (“DWAF”), 2007. Best Practice Guidelines for Protection of Water Resources in
the South African Mining Industry.
DWAF, 2007. Water Use Authorisation: External and Internal Guidelines
DWAF, 2000. Water Use Authorisation process (individual applications). Edition 1: Final draft for implementation and use,
Revision 3.
DWAF. 1996. South African Water Quality Guidelines. Volumes 1 to 7.
OTHERPUBLICATIONSANDSOURCES
Davies and Day, 1998. Vanishing Waters. Cape Town: University of Cape Town Press
Department of the Environment (UK) (DoE), 1998. A Guide to Risk Assessment and Risk Management for Environmental
Protection. Her Majesty’s Stationary Office, London.
Kleynhans CJ. 2007. Module D: Fish Response Assessment Index in River EcoClassification: Manual for EcoStatus
Determination (version 2) Joint WRC and DWA report. WRC Report No. TT330/08.
Kleynhans CJ, MacKenzie J, Louw MD. 2007. Module F: Riparian VEGRAI in River EcoClassification: Manual for EcoStatus
Determination (version 2). WRC Report No. TT 333/08
Kotze, D., Marneweck, G., Batchelor, A., Lindley, D., and Collins, N. 2008: Wetland Management Series: WET‐Ecoservices –
A technique for rapidly assessing ecosystem services supplied by wetlands. WRC Report TT 339/08.
Mining and Biodiversity Guideline 2013: Mainstreaming Biodiversity into the Mining Sector
Mucina & Rutherford, 2006.The vegetation of South Africa, Lesotho and Swaziland. Strelitzia 19. Pretoria: South African
National Biodiversity Institute
Rossouw et. al., 2005: “Environmental Water Requirements in non‐perennial streams”, WRC Report 1414/1/05
Strydom and King (Eds), 2009. Fuggle and Rabie’s Environmental Management in South Africa. Second Edition. Juta.
Water Research Commission Reports No TT 261/06, 262/06, 349/09, 350/09
Southern African Institute for Environmental Assessment (“SAIEA”), 2002: Standard Review Form for EIA’s