At present only one EIA study is being conducted, that of the Hornlee component. Bluepebble independent environmental agency has been appointed to conduct the Hornlee EIA, but an EIA on the Heidevallei component is yet to commence.
However, the EIA process is presently on hold until ABSA Development Company (ABSA DevCo) has finalised the cost-related matters of the proposed units.
Bluepebble’s Jonathan Kingwill explained, "The application and Draft BAR (Hornlee Basic Assessment Report) was placed for comment in June 2010. Many lodged comments on the Draft documentation."
He continued, "A variety of issues were raised, including those that are directly related to the EIA process and those that are indirectly related."
According to Kingwill each of the issues were and are still being addressed, while other issues remain outstanding.
He explained that comments received covered a range of biodiversity issues. "Issues related to wetlands and hydrology, archeological and geological issues, noise related issues, pollution related issues, access to information issues, issues related to the EIA process and transparency issues, socio-economic related issues and town planning issues."
Kingwill further explained that the way forward for the EIA process would be to continue the public participation process through the presentation of current information in the form of a Response to Comments Report.
"Focused stakeholder group meetings will be arranged once all the information is available," he assured.
"The final EIA documentation will also be placed for a final commenting period prior to submission to the Department of Environmental Affairs (DEA). This would ensure that the public are involved in the process throughout." He said that the process would be completed as soon as all the information was available.
Comments already received
"From the comments received there are certainly some misperceptions that we will address in the remaining public participation process," explained Kingwill.
He continued to explain, "A common misunderstanding revolves around the EIA process itself in terms of the law, what’s required to be done by whom, by when and to what depth."
Kingwell explained that a misconception existed among the public who thought that the project provided subsidised housing when the intent "is really to supply affordable housing, i.e. meeting the large gap between low-cost and current market-related entry level housing. The cost of the proposed units is also a key issue at the forefront of people’s minds."
‘Sweetheart reports’
The public posed their concern as to how an independent environmental agency could supply a truthful and accurate EIA, to which Kingwell replied, "On the matter of independence, an Applicant [in this case ABSA DevCo] must appoint a suitably qualified Environmental Assessment Practitioners (EAP) to conduct an EIA and submit the required documentation to the relevant decision-making authority (being the DEA in Pretoria). Although ABSA DevCo must fund this EIA process, the EAP (being myself as an EAPSA registered one) is legally bound to retain an independent point of view."
He further explained that he would need to keep the environment at the forefront of his thinking, taking full account of meeting the needs of the people.
"The role of the EAP is clearly stated in the EIA regulations, although again interpretation of definition leave room for debate. It is common that I&APs are not well informed about the environmental law and thus have their own interpretation. The law has become quite complex of late, so it is understandable that the average person in the street has lost touch."
A safety mechanism in the EIA system has been implemented to ensure that EAPs do not submit one-sided, or what the industry calls, ‘sweetheart’ reports.
This is safeguarded in that the process must be transparent and the documentation accessible for scrutiny and comment by any registered I&AP, including a number of relevant governmental authorities.
"The EIA process for Hornlee has been conducted according to the specific requirements clearly described in the EIA Regulations. It conforms to these requirements," Kingwell concluded.
