The condonation the Turkish company Karpowership received from the department of forestry, fisheries and environment (DFFE) to file a revised environmental impact report (EIR) is on hold after several green civic organisations lodged an appeal against the decision with the department.
DFFE acting chief director for communication and advocacy Peter Mbelengwa confirmed to TimesLIVE Premium the lodging of the appeal and its immediate consequences.
“In terms of the National Environmental Management Act (NEMA), the appeal suspends the decision to which the appeal relates. The appeal therefore suspends the decision of the CD: IEA to grant the application for condonation for the late submission of Karpowership’s revised EIR Report in respect of its Richards Bay facility,” Mbelengwa said late Thursday afternoon.
The appeal was lodged last week.
“On 23 May the directorate appeals and legal review (appeal directorate) within the DFFE received the appeal against the decision that was taken by the chief director: integrated environmental authorisation (CD: IEA), on 3 May 2023, to grant condonation to Karpowership for the late submission of their revised Environmental Impact Assessment Report (‘EIA Report’) in respect of its proposed gas to power via powership project at the Port of Richards Bay, uMhlathuze local municipality, KwaZulu-Natal,” Mbelengwa said.
“The appeal directorate has commenced with the administration of this appeal.”
In a prepared statement sent to TimesLIVE Premium, the organisations say they “question government’s ongoing and unwavering support of Karpowerships”.
“Even though the company failed to meet so many crucial deadlines, government is still willing to bend over backwards to accommodate this Turkish-based company, since they were first introduced more than three years ago,” the statement read.
Mbelengwa denied this.
“The department always treats every environmental impact assessment application objectively and on its merit.”
The appellants also complained that “whilst public participation must be promoted in decision-making, repeated amendments place a significant burden on society to actively respond each time”.
Mbelengwa could not comment.
“The appeal directorate cannot comment on the grounds of appeal and the merits thereof at this stage, as the appeal is still pending.”
He could not comment on matters inside the appeals process.
“This is a matter that falls for consideration within the appeal process and the department cannot comment hereon at this stage,” Mbelengwa said.
According to Maria Welcome, a spokesperson for The Green Connection, “South Africans are reaching their breaking point with load-shedding”.
“And suffering its increasingly devastating impacts, leaving many wondering why there is such strong opposition to Karpowerships, especially since it is being touted as the silver bullet the country needs to solve the crisis,” Welcome said in a prepared statement sent to TimesLIVE Premium.
According to the statement by the civil society organisations, South Africans must be wary of this deal, which, if approved, could have far-reaching implications.
“Therefore, last week (23 May 2023), as part of ongoing civil action to hold Karpowerships and government accountable, these organisations lodged a joint appeal against the DFFE's decision to grant condonation to Karpowership SA, to allow for the late submission of its further revised EIR , for its Richards Bay application,” Welcome said.
They believe that the condonation was applied for and granted, without proper notice or any public participation.
“This effectively allows Karpowerships to make substantial and significant changes to the Environmental Impact Assessment, including specialist reports, which is then subject to another public comment period.
“Whilst public participation must be promoted in decision-making, repeated amendments place a significant burden on society to actively respond each time. We believe that the process of granting the condonation was procedurally unfair.”
She told TimesLIVE Premium the lapsed EIA process could not be revived through the condonation approval. “In terms of the National Environmental Management Act (NEMA), the appeal suspends the decision to grant condonation, and consequently, the processes that flow from this decision are also suspended. Therefore, by operation of the law, the EIA process for Richards Bay is suspended.”
Richards Bay is one of three different Karpowership-projects presently stuck in the South African beach sand.
In Saldanha KPS i now appealing a decision not to condone their request for more time to file an environmental permit for their planned operations in Saldanha.
In Coega, KPS initially ran into trouble when the space they needed to use for their project was earmarked by the Transnet Port Authority for the building of a liquid bulk storage facility. Their application was then turned down because they failed to submit a generic Environmental Management Programme.
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