Statement by Councillor Brett Herron, Ward Councillor for Ward 57 (Devils Peak, Gardens, Woodstock, Observatory, Mowbray) Cape Town and Mayco Member: Transport
Late afternoon on Friday 6 September 2013 I was alerted by some Observatory residents to earthmoving activities being conducted by a bulldozer on the banks of the Liesbeeck River near the River Club, Observatory.
Residents were concerned that the earthmoving works were unauthorised and would cause environmental damage.
I immediately reported this to the City’s Environmental Resource Management department.
The Environmental Resource officers have issued a notice to issue a directive in terms of section 31A of the Environmental Conservation Act (73 of 1989). This notice provides the respondent with an opportunity to make representations and to provide evidence of authorisations for the work being done, failing which a cease works instruction is issued.
The respondent failed to provide the authorisations and a cease works notice will now be served.
Officials from various City departments are investigating whether there has been a contravention of the following legislation:
a) NEMA (Act 107/1998 Reg 544 Section 11)
b) The Storm Water Management Bylaw 31420 of 2005, Sections 4(d) and (g), as well as Section 5 and 8(1)
c) Water Act 36 of 1998 and its Regulations
The cease works order will require the respondent to cease all work and apply for the necessary approvals before remedial measures can be taken.
The work must be authorised and done properly as evaluated by qualified scientists or reversed with a method statement of how to do it without causing further harm. No further work or remediation can take place without an environmental impact assessment.
The respondents must thus apply to DEADP, Water Affairs for an EIA and method to stabilise the banks of the river against flooding. The subsequent work will require approval in terms of the City’s Storm Water Management Bylaw as well.
The City’s action in terms of the Section 31A (ECA73/1989) Directive is to prevent damage to the environment by stopping all work on site.
The City and numerous volunteers and interest groups, including Friends of the Liesbeeck and the Two Rivers Urban Park Committee, have invested significant human and financial resources in the environmental protection and care of the Liesbeeck, its banks and the wetlands.
It would be deeply disappointing, and a major setback for the progress already achieved, if this earthmoving work has been done illegally and has caused damage.
This matter must be dealt with in terms of the appropriate legislation and I will continue to monitor the work and efforts of the City’s various professionals as they deal with it.
daward57 