National Environmental Management Act, 1998 (Act No. 107 of 1998)

Notices

Procedures for the Assessment and Minimum Criteria for reporting on Identified Environmental Themes ito Sections 24 and 44 of the Act when applying for Environmental Authorisation

Schedule B : Environmental Themes

Agriculture : Protocol for the Specialist Assessment and Minimum Report content requirements of Environmental Impacts on Agricultural Resources by Onshore Wind and/or Solar Photovoltaic Energy Generation Facilities where the Electricity Output is 20 Megawatts or more

4. Specialist Assessment and Minimum Report content requirements
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TABLE 2: ASSESSMENT AND REPORTING OF IMPACTS ON AGRICULTURAL RESOURCES

 

1. General information

 

1.1. An applicant intending to undertake an activity identified in the scope of this protocol on a site identified on the screening tool as being of "very high" or "high" sensitivity for agricultural resources must submit an Agricultural Agro-Ecosystem Specialist Assessment unless:
1.1.1 the application is for a linear activity for which impacts on the agricultural resource are temporary and the land in the opinion of the soil scientist or agricultural specialist, based on the mitigation and remedial measures, can be returned to the current land capability within two years of the completion of the construction phase;
1.1.2. the impact on agricultural resources is from an electricity pylon; or
1.1.3. information gathered from the site sensitivity verification differs from the designation of "very high" or "high" agricultural sensitivity, and it is found to be of a "medium" or "low" sensitivity.

 

1.2. Should paragraphs 1.1.1; 1.1.2; or 1.1.3 apply, an Agricultural Compliance Statement must be submitted.

 

1.3. An applicant intending to undertake an activity identified in the scope of this protocol on a site identified by the screening tool as being of "medium" or "low" sensitivity for agricultural resources must submit an Agricultural Compliance Statement, unless:
1.3.1. the information gathered from the site sensitivity verification differs from that identified as having a "medium" or "low" agricultural sensitivity and it is found to be of a "very high" or "high" sensitivity; or
1.3.2. where the development footprint deviates from any of the allowable development limits contained in Table 1 above. In the context of this protocol, development footprint means the area on which the proposed development will take place and includes any area that will be disturbed

 

1.4. Should either paragraphs 1.3.1 or 1.3.2 apply, an Agricultural Agro-Ecosystem Specialist Assessment is to be undertaken and a report prepared in accordance with the requirements of an Agro-Ecosystem Specialist Assessment.

 

1.5. If any part of the proposed development footprint falls within an area of "very high" or "high" sensitivity, the assessment and reporting requirements prescribed for the "very high" or "high" sensitivity apply to the entire footprint, except in the case of 1.1.1 in which case an Agricultural Compliance Statement applies.

 

VERY HIGH SENSITIVITY RATING - Land capability evaluation values of 11 - 15; all irrigated land; horticulture and viticulture; demarcated high value agricultural areas with a priority rating of A and/or B.

 

These areas are potentially unsuitable for development owing to:

-high agricultural value and preservation importance;
-high production capability;
-high capital investment made; or
-unique agricultural land attributes.
2. Agricultural Agro-Ecosystem Specialist Assessment

 

2.1. The assessment must be undertaken by a soil scientist or agricultural specialist registered with the South African Council for Natural Scientific Professionals (SACNASP).

 

2.2. The assessment must be undertaken on the preferred site and within the proposed development footprint.

 

2.3. The assessment must be undertaken based on a site inspection as well as an investigation of the current production figures, where the land is under cultivation or has been within the past 5 years, and must identify:
2.3.1. the extent of the impact of the proposed development on the agricultural resources; and
2.3.2. whether or not the proposed development will have an unacceptable impact on the agricultural production capability of the site, and in the event where it does, whether such a negative impact is outweighed by the positive impact of the proposed development on agricultural resources.

 

2.4. The assessment must include a description of the status quo, including the following aspects which must be considered as a minimum in the baseline description of the agro-ecosystem:
2.4.1. the soil form/s, soil depth (effective and total soil depth), top and sub-soil clay percentage, terrain unit and slope;
2.4.2.the soil form, soil depth (effective and total soil depth), top and sub-soil clay percentage, terrain unit and slope;
2.4.3. where applicable, the vegetation composition, available water sources as well as agro-climatic information;
2.4.4. the current productivity of the land based on production figures for all agricultural activities undertaken on the land for the past 5 years, expressed as an annual figure and broken down into production units;
2.4.5. the current employment figures (both permanent and casual) for the land E for the past 3 years, expressed as an annual figure; and
2.4.6. existing impacts on the site, located on a map (e.g. erosion, alien vegetation, non-agricultural infrastructure, waste, etc.).

 

2.5. The assessment must include an assessment of impacts, including the following aspects which must be considered as a minimum in the predicted impact of the proposed development on the agro-ecosystem:
2.5.1. change in productivity for all agricultural activities based on the figures of the past 5 years, expressed as an annual figure and broken down into production units;
2.5.2. change in employment figures (both permanent and casual) for the past 5 years expressed as an annual figure; and
2.5.3. any alternative development footprints within the preferred site which would be of "medium" or "low" sensitivity for agricultural resources as identified by the screening tool and verified through the site sensitivity verification.

 

2.6. The findings of the Agricultural Agro-Ecosystem Specialist Assessment must be written up in an Agricultural Agro-Ecosystem Specialist Report that contains as a minimum the following information:
2.6.1. details and relevant experience as well as the SACNASP registration number of the soil scientist or agricultural specialist preparing the assessment including a curriculum vitae;
2.6.2.a signed statement of independence by the specialist;.
2.6.3.the duration, date and season of the site inspection and the relevance of the season to the outcome of the assessment;
2.6.4.a description of the methodology used to undertake the on-site assessment inclusive of the equipment and models used, as relevant;
2.6.5.a map showing the proposed development footprint (including supporting infrastructure) with a 50m buffered development envelope, overlaid on the agricultural sensitivity map generated by the screening tool;
2.6.6.an indication of the potential losses in production and employment from the change of the agricultural use of land as a result of the proposed development;
2.6.7.an indication of possible long term benefits that will be generated by the project in relation to the benefits of the agricultural activities on the affected land;
2.6.8.additional environmental impacts expected from the proposed development based on the current status quo of the land including erosion, alien vegetation, waste, etc.;
2.6.9.information on the current agricultural activities being undertaken on adjacent land parcels;
2.6.10.a motivation must be provided if there were development footprints identified as per paragraph 2.5.3 above that were identified as having a "low" or "medium" agriculture sensitivity and that were not considered appropriate;
2.6.11.confirmation from the soil scientist or agricultural specialist that all reasonable measures have been considered in the micro- siting of the proposed development to minimise fragmentation and disturbance of agricultural activities;
2.6.12.a substantiated statement from the soil scientist or agricultural specialist with regards to agricultural resources on the acceptability or not of the proposed development and a recommendation on the approval or not of the proposed development;
2.6.13. any conditions to which this statement is subjected;
2.6.14.where identified, proposed impact management outcomes or any monitoring requirements and/or mitigation measures for inclusion in the Environmental Management Programme (EMPr);
2.6.15.a description of the assumptions made and any uncertainties or gaps in knowledge or data;
2.6.16.calculations of the physical development footprint area for each land parcel as well as the total physical development footprint area of the proposed development (including supporting infrastructure);
2.6.17.confirmation whether the development footprint is in line with the allowable development limits set in Table 1 above, including where applicable any deviation from the set development limits and motivation to support the deviation, including:
(a) where relevant, reasons why the proposed development footprint is required to exceed the limit;
(b) where relevant, reasons why this exceedance will be in the national interest; and
(c) where relevant, reasons why there are no alternative options available including evidence of alternatives considered; and
2.6.18.a map showing the renewable energy facilities within a 50km radius of the proposed development.

 

2.7. The findings of the Agricultural Agro-Ecosystem Assessment must be incorporated into the Basic Assessment Report or the Environmental Impact Assessment Report, including the mitigation and monitoring measures as identified, which are to be contained in the EMPr.

 

2.8. A signed copy of the full Agricultural Agro-Ecosystem Assessment must be appended to the Basic Assessment Report or Environmental Impact Assessment Report.

 

HIGH SENSITIVITY RATING - Land capability evaluation values of 8 - 10 including all cultivated areas7 including sugar cane areas and demarcated high value agricultural areas with a priority rating of C and/or D.

 

High sensitivity areas are still preservation worthy since they include land with an agricultural production potential and suitability for specific crops.

MEDIUM SENSITIVITY RATING - Land capability evaluation values of 6 - 7.

 

Medium sensitivity areas are likely to be very marginal arable land.
3. Agricultural Compliance Statement

 

3.1. The Agricultural Compliance Statement must be prepared by a soil scientist or agricultural specialist registered with the SACNASP.

 

3.2. The compliance statement must:
3.2.1. be applicable to the preferred site and proposed development footprint;
3.2.2. confirm that the site is of "low" or "medium" sensitivity for agriculture; and
3.2.3. indicate whether or not the proposed development will have an unacceptable impact on the agricultural production capability of the site.

 

3.3. The Agricultural Compliance Statement must contain, as a minimum, the following information:
3.3.1.details and relevant experience as well as the SACNASP registration number of the soil scientist or agricultural specialist preparing the assessment including a curriculum vitae;
3.3.2.a signed statement of independence by the specialist;
3.3.3.a map showing the proposed development footprint (including supporting infrastructure) with a 50m buffered development envelope, overlaid on the agricultural sensitivity map generated by the screening tool;
3.3.4.calculations of the physical development footprint area for each land parcel as well as the total physical development footprint area of the proposed development including supporting infrastructure;
3.3.5.confirmation that the development footprint is in line with the allowable development limits contained in Table 1 above;
3.3.6.confirmation from the specialist that all reasonable measures have been taken through micro-siting to avoid or minimise fragmentation and disturbance of agricultural activities;
3.3.7.a substantiated statement from the soil scientist or agricultural specialist on the acceptability, or not, of the proposed development and a recommendation on the approval, or not, of the proposed development;
3.3.8.any conditions to which this statement is subjected;
3.3.9.in the case of a linear activity, confirmation from the agricultural specialist or soil scientist, that in their opinion, based on the mitigation and remedial measures proposed, the and can be returned to the current state within two years of completion of the construction phase;
3.3.10.where required, proposed impact management outcomes or any monitoring requirements for inclusion in the EMPr; and
3.3.11.a description of the assumptions made and any uncertainties or gaps in knowledge or data.

 

3.4. A signed copy of the compliance statement must be appended to the Basic Assessment Report or Environmental Impact Assessment Report.

LOW SENSITIVITY RATING - Land capability evaluation values of 1 - 5.

 

Low sensitivity areas are likely to be non-arable land, and is therefore land onto which most development should be steered.

 

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7 The Field Crop boundary and Land Capability dataset has been provided by the DAFF. For details of the datasets, click on the options button to the right of the Field Crop Boundary layer and Land Capability layer respectively, in the Agricultural Theme to view the metadata.