Heritage Cases

Proposed development: The proposed development consisted out of the following activities that triggered NEMA 2010 Regulations: NEMA 2010: 1. Clearance of approximately 15 hectares of indigenous vegetation between 11 July 2010 and 29 July 2010, also the clearing within a watercourse. 2. Construction of pipelines and roads as part of the clearance of the 15 hectares of indigenous vegetation. By end July 2010, a total of 15 hectares had been cleared and planted. These areas were under cultivation of vineyards for table grapes by end July 2010. Access tracks were constructed within the cultivated area to facilitate the farming activities. No further agricultural activities are required within the project area comprising the 24G application Roads: Access is gained off a gravel road that links with the district road to Schroder off the N14. 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 Application: Water is required for the drip irrigation of the established vineyards, and is supplied via pipelines from the booster pump station and pump lines. Kakamas North Settlement no 341 has water use rights of 39 hectares that were registered with the Kakamas Water Users Association. Water use for the property is currently above maximum allocation of 51.15 hectares. As part of this an application will also be lodged to DWS for additional 22.59ha of water that will be transferred from Remainder of Farm Afstof No 421 within the CapeSpan company group. Note this is a transfer from the Boegoeberg WUA to the Kakamas WUA. 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 unlawful establishment of vineyards. The establishment of the vineyards on Kakamas North Settlement Farm no 341 (a portion of 335) (Oorkant) 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.