Heritage Cases

The proposed development consisted out of the following activities that triggered NEMA 2010 and 2014 Regulations: NEMA 2010: 1. Clearance of approximately 30 hectares of indigenous vegetation between July 2010 and prior to September 2013, also the clearing within a watercourse. 2. Construction of pipelines and roads as part of the clearance of the 30 hectares of indigenous vegetation. By 30 September 2013, a total of 30 hectares had been cleared. NEMA 2014: 1. Clearance of approximately 44.2 hectares of indigenous vegetation after 2014, also the clearing within a watercourse. 2. Construction of pipelines and roads as part of the clearance of the 44.2 hectares of indigenous vegetation. All these areas were under cultivation of vineyards for table grapes by November 2016 with an additional 44.2 hectares constructed. Access tracks were constructed within the cultivated area to facilitate the farming activities. Roads: Access is gained off the R64 district road. The internal farm tracks are not surfaced, and are compacted earth with no formal storm water management control structures in place. The low rainfall characteristic of the area negates the need to provide for formal storm water control. Water Use License: Water is required for the drip irrigation of the established vineyards, and is supplied via pipelines from the booster pump station and pump lines. Farm Orange Fall 16/80 has water use rights of 30 hectares that were registered with the Kakamas Water Users Association. Water use for Farm Orange Fall 16/80 is currently above maximum allocation of 74.2hectares. As part of this an application will also be lodged to DWS for additional 56.66ha of water that will be transferred from other properties within the CapeSpan Company.As part of the Water Use License Application will apply for Section 21(c) and (i) of the National Water Act for the streams that were diverted and crossed as part of the illegal establishment of vineyards. The establishment of the vineyards on Portion 80 of Farm Orange Fall no 16 (Noudonsies) took place across small sections of the unnamed drainage system that is located on site. The drainage system is classified as an ephemeral course as it will only flow sporadically after rain. These watercourses are not considered to be seasonal rivers which will regularly contain water in a seasonal pattern.