ERF 464 GARDEN ROUTE DAM APPEALS

GARDEN ROUTE DAM DEVELOPMENT LATEST NEWS & UPDATES

>>> LATEST UPDATE : 2024 08 12

GARDAG WINS!

A victory for George residents as the proposed Garden Route Dam Development is set aside in a landmark ruling by the Cape Town High Court.

George, Western Cape, August 12, 2024 — The Garden Route Dam, a vital water source for the thriving town of George in the western Cape has been safeguarded thanks to a landmark court case. GARDAG (Garden Route Dam Action Group), represented by Advocate Peter Kantor and Chennells Albertyn Attorneys emerged victorious in their battle against the George Municipality’s proposed development on portions of Erf 464, Garden Route Dam.

Advocate Peter Cantor, environmental lawyer acting for GARDAG versus the Minister of Local Government, Environmental Affairs and Development Planning of the Western Cape Provincial Government in relation to its recent court order in its favour stated that GARDAG had a strong case on environmental grounds and the respondents chose to settle the case rather than to fight it.

The allegations made by the applicant were based mainly on shortcomings in the environment impact assessment reporting process, amounting to a failure to assess the impact of certain aspects of the development on the environment. These were material omissions from the reporting process and those allegations were not countered by any of the respondents. So, in short, they had a good case, and they won an important victory.

The High Court in Cape Town ordered, by agreement, that the Environmental Authorisation for the Garden Route Dam development is to be set aside. A victory for this small non-profit organisation that reverberates far beyond their local community, underscoring the importance of preserving our natural resources and prioritising water quality in a country where such resources are scarce and under threat due to mismanagement, misuse, and ailing infrastructure.
Desiree du Preez, Chairperson of GARDAG, made the announcement at the inaugural annual GARDAG Golf Day at the George Golf Course, where the crowd expressed their jubilation at the outcome with cheers and applause.

“Our court win is a triumph for responsible stewardship, water scarcity poses a significant challenge for our country and closer to home, the Garden Route Dam is the lifeblood of our community, we cannot compromise its integrity,” she said.

“Protecting our rivers, dams and waterways is everyone’s duty, particularly the politicians that oversee these resources on our behalf, they must be held accountable by the communities that they serve” she added.

The court’s order set aside the decision of Minister of Local Government, Environmental Affairs, and Development Planning of the Western Cape Provincial Government. GARDAG’s unwavering commitment, supported by concerned citizens, prevailed. The George Municipality wisely chose not to oppose the application, and to pay costs.

In a significant settlement agreement, GARDAG secured a court order binding the Director and Department of Environmental Affairs and Development Planning, effectively extending their responsibility beyond legal costs; they must protect our precious water sources too.

This victory is significant for communities across our country, beyond the town of George and GARDAG hopes to inspire others, encouraging them to drive positive change within their own communities.

“We’d like to thank everyone that rallied behind us, attending meetings, signing petitions and spreading awareness, their unwavering support fuelled our commitment to persevere in the legal battle, giving us the impetus to forge ahead,” stated Ken Gie, founder of GARDAG.

Although GARDAG is thrilled with the outcome of the court case, they urge the community to become actively involved in protecting our resources by reporting leaks, misuse or by getting involved in clean ups and monitoring water quality.

The protection and responsible use of our limited resources rests upon the shoulders of community members, leaders, educators, and politicians alike. GARDAG’s victory is a win for people everywhere, not just our small town. It is our responsibility to ensure that our water resources are protected from rampant development and misuse, and we encourage everyone to get involved in community driven initiatives focused on securing our natural resources for now and future generations.

Representatives from the George Municipality declined to comment on the outcome of this case.

>>> PREVIOUS UPDATE : 2023 03 20

Desiree du Preez, GARDAG (Garden Route Dam Action Group) announces their decision to approach the Cape Town High Court with a request to conduct an independent legal review of the decision by Minister Anton Bredell on the environmental impact assessment conducted by Sharples Environmental Services on behalf of the George municipality.

Join GARDAG in the race to save the Garden Route Dam from more pollution due to the planned development by the George Municipality. Time is running out to raise sufficient funds to help GARDAG to lodge an appeal for legal review in the Cape Town High Court.

>>> UPDATE: 2022 10 31 - DEA&DP RESPONSING STATEMENT

A Responding Statement regarding the Appeal against the decision on the Application for Environmental Authorisation in terms of the National Environmental Management Act, 1998 (Act 107 of 1998) and the Environmental Impact Assessment at Erf 464, Garden Route dam has been issued by Mr. Zaahir Toefy, Director of Development Management at the Department of Environmental Affairs and Development Planning.
Please note that this document is not the final decision on whether the development will go ahead but will guide Mr. Anton Bredell, Minister of Environmental Affairs and Development Planning for the Western Cape when making his decision which is due by mid-January 2023.
In addition to this, a circular has been issued by the DEADP exempting the George Municipality from any further public participation in the rezoning application for Erf 464, Garden Route Dam.
First prize for those opposed to the development is that the Minister agrees with the issues raised by the public and declines the application but failing that, the next step would be to lodge an application at the Cape Town High Court for legal review. This process would need to be initiated within 180 days of the decision being announced by the minister.
Please support the eco-warriors at WESSA, Gardag, the Landmark Foundation, Friends of the Katriver and Eden Residents’ Association who have joined the battle against this development. Click the link below to download the responding statement from the Dept of Environmental Affairs.

DEA&DP Ref: 16/3/3/2/D2/19/0000/22 - RESPONDING STATEMENT: APPEAL AGAINST THE DECISION ON THE APPLICATION FOR ENVIRONMENTAL AUTHORISATION IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT 107 OF 1998) AND THE ENVIRONMENTAL IMPACT ASSESSMENT

>>> UPDATE : 2022 10 13 - APPEAL DEADLINE CLOSED

DOWNLOAD APPEALS SUBMITTED BY THE FOLLOWING ORGANISATIONS:

Garden Route Dam Action Group (GARDAG) – water quality issues (SUBMITTED)

Eden Residents' Association - public participation process (SUBMITTED)

Landmark Foundation - environmental and governance (SUBMITTED)

WESSA – socio-economic impact of environmental threats (SUBMITTED)

>>> PREVIOUS UPDATES: 2022 10 05 - TO ALL OPPOSED TO THE GARDEN ROUTE DAM DEVELOPMENT

(You DON'T HAVE TO BE REGISTERED AS AN Interested & Affected Party to appeal)
Letter of Support to GARDAG, WESSA & Garden Route 101 APPEAL :ENVIRONMENTAL AUTHORISATION AMENDMENT: PROPOSED TERTIARY EDUCATION AND MIXED-USE PRECINCT DEVELOPMENT AT THE GARDEN ROUTE DAM ANDASSOCIATED INFRASTRUCTURE ON A PORTION OF THE REMAINDER OF ERF 464, GEORGE

Dear registered Interested & Affected Parties, The following organisations are preparing individual Appeals against the highly controversial development at the Garden Route Dam.

* Garden Route Dam Action Group (GARDAG) – water quality issues (CLOSED)

* Garden Route 101- water shortages, etc (under advisement)

* WESSA – socio-economic impact of environmental threats (CLOSED) * LEOPARD FOUNDATION - environmental and governance

PLEASE CLICK THE EMAIL LINK BELOW, COPY & PASTE THEN INSERT YOUR DETAILS WHERE INDICATED AND SUBMIT TO: appeal@gardenroute101.co.za

(You Don't have to registered as an Interested & Affected Party to appeal)

COPY THE TEXT BETWEEN THE RED LINES BELOW - Remember to insert your details where indicated. __________________________________________ To the Appeals Administrator Department of Environmental Affairs & Development Planning I, FIRSTNAME/S LASTNAME, ID No: INSERT ID NUMBER, as a registered and affected party of the above, hereby fully endorse the Appeal of Gardag / Garden Route 101 / WESSA Eden against DEADP’s authorisation of the proposed developments at the Garden Route Dam. Regards INSERT FIRSTNAME LASTNAME MOBILE CONTACT NUMBER EMAIL ADDRESS

_________________________________________

The clock is ticking! The process of submitting an Appeal is extremely difficult for individuals and for this reason these 3 Organisations are combining forces and offering individual I&APs this opportunity of supporting their separate Appeals.

__________________

or SUBMITTING YOUR OWN APPEAL

DEADLINE 12 OCTOBER 2022

UPDATE 29 09 2022 APPEAL DEADLINE OCTOBER 12, 2022 THE PROPOSED DEVELOPMENT HAS BEEN APPROVED - WE ONLY HAVE A FEW DAYS LEFT TO APPEAL THIS DECISION READ THE INFORMATION BELOW REGARDING THE OFFICIAL PROCEDURE TO APPEAL: DOWNLOAD THE APPEAL FORM (word format)

DEPARTMENT OF ENVIRONMENTAL AFFAIRS STATEMENT

SHARPLES ENVIRONMENTAL SERVICES notified Interested & Affected Parties (I&AP) of the decision on 21 September 2022 which allows for 20 days to Appeal Deadline for Appeals : 12 October 2022 Information provided by : Marius Venter Pr.Sci.Nat Deputy Director: Environmental and Planning Appeals Coordinator Department of Environmental Affairs and Development Planning

STEP 1: DOWNLOAD APPEAL FORM STEP 2: SUBMIT FOLLOWING GUIDELINES BELOW:

The Department of Environmental Affairs and Development Planning have Granted Environmental Authorisation for the Tertiary Education and Mixed-Use Precinct Development at the Garden Route Dam on a Portion of Remainder Erf 464, George, on 19 September 2022. Note that I&AP’s have the opportunity to appeal in terms of the National Appeals Regulations, 2014 (as Amended), should they so wish. The Appeals procedure is detailed in Section G of the attached EA (pg. 20) and summarised below.

DOWNLOAD THE APPEAL FORM (word format)

Appeals Procedure An appellant must, within 20 calendar days from the date the Holder of the decision sent notification of the decision –

Submit an appeal in accordance with Regulation 4 of the National Appeal Regulations 2014 (as amended) to the Appeal Administrator; and
Submit a copy of the Appeal to the Holder of the decision, any registered I&APs, any Organ of State with interest in the matter and the decision maker i.e. DEADP Director: Development Management (Region 3)

The appeal must be submitted to the address as listed below: By Post: Western Cape Ministry of Local Government, Environmental Affairs and Development Planning Private Bag X9186 Cape Town 8000 By Facsimile: (021) 483 4174 By Hand: Attention: Mr Marius Venter (Tel: 021 483 3721) Room 809 8^th Floor Utilitus Building, 1 Dorp Street, Cape Town, 8001 Note: For purposes of electronic database management, appellants are requested to submit electronic copies of the appeal, responding statement and any supporting documents to the Appeal Authority above and/or via email to DEADP.Appeals@westerncape.gov.za A prescribed appeal form is available from the Appeal Authority at Tel: (021) 483 3721, Email: DEADP.Appeals@westerncape.gov.za or URL http://www.westerncape.gov.za/eadp BETSY DITSHAM SHARPLES ENVIRONMENTAL SERVICES

PREVIOUS UPDATES 2022 10 04

TO ALL OPPOSED TO THE GARDEN ROUTE DAM DEVELOPMENT (You DON'T HAVE TO BE REGISTERED AS AN Interested & Affected Party to appeal)

Letter of Support to GARDAG, WESSA & Garden Route 101

APPEAL :ENVIRONMENTAL AUTHORISATION AMENDMENT: PROPOSED TERTIARY EDUCATION AND MIXED-USE PRECINCT DEVELOPMENT AT THE GARDEN ROUTE DAM ANDASSOCIATED INFRASTRUCTURE ON A PORTION OF THE REMAINDER OF ERF 464, GEORGE

Dear registered Interested & Affected Parties, The following organisations are preparing individual Appeals against the highly controversial development at the Garden Route Dam. * Garden Route Dam Action Group (GARDAG) – water quality issues * Garden Route 101- water shortages, etc * WESSA – socio-economic impact of environmental threats To add your name to any Appeal, please e-mail the following letter to hauyoon@afrikom.co.za before midnight Tuesday 4 October 2022.

PLEASE CLICK THE EMAIL LINK BELOW, COPY & PASTE THEN INSERT YOUR DETAILS WHERE INDICATED AND SUBMIT TO: hauyoon@afrikom.co.za

(You Don't have to registered as an Interested & Affected Party to appeal)

_________________________________________

DEADLINE MIDNIGHT 04 OCTOBER 2022

__________________ PREVIOUS UPDATES

UPDATE 29 09 2022 APPEAL DEADLINE OCTOBER 12, 2022 THE PROPOSED DEVELOPMENT HAS BEEN APPROVED WE ONLY HAVE A FEW DAYS LEFT TO APPEAL THIS DECISION

READ THE INFORMATION BELOW REGARDING THE OFFICIAL PROCEDURE TO APPEAL:

DEADLINE 12 OCTOBER 2022

READ THE INFORMATION BELOW REGARDING THE OFFICIAL PROCEDURE TO APPEAL: DOWNLOAD THE APPEAL FORM (word)

DEPARTMENT OF ENVIRONMENTAL AFFAIRS STATEMENT SHARPLES ENVIRONMENTAL SERVICES notified Interested & Affected Parties (I&AP) of the decision on 21 September 2022 which allows for 20 days to Appeal Deadline for Appeals : 12 October 2022 Information provided by : Marius Venter Pr.Sci.Nat Deputy Director: Environmental and Planning Appeals Coordinator Department of Environmental Affairs and Development Planning

STEP 1: DOWNLOAD APPEAL FORM : DOWNLOAD THE APPEAL FORM (word) STEP 2: SUBMIT FOLLOWING GUIDELINES BELOW:

The Department of Environmental Affairs and Development Planning have Granted Environmental Authorisation for the Tertiary Education and Mixed-Use Precinct Development at the Garden Route Dam on a Portion of Remainder Erf 464, George, on 19 September 2022. Note that I&AP’s have the opportunity to appeal in terms of the National Appeals Regulations, 2014 (as Amended), should they so wish. The Appeals procedure is detailed in Section G of the attached EA (pg. 20) and summarised below.

Appeals Procedure
An appellant must, within 20 calendar days from the date the Holder of the decision sent notification of the decision –

Submit an appeal in accordance with Regulation 4 of the National Appeal Regulations 2014 (as amended) to the Appeal Administrator; and
Submit a copy of the Appeal to the Holder of the decision, any registered I&APs, any Organ of State with interest in the matter and the decision maker i.e. DEADP Director: Development Management (Region 3)

The appeal must be submitted to the address as listed below:
By Post: Western Cape Ministry of Local Government, Environmental Affairs and Development Planning
                Private Bag X9186
                Cape Town
                8000
By Facsimile: (021) 483 4174
By Hand: Attention: Mr Marius Venter (Tel: 021 483 3721)
                                Room 809
                                8^th Floor Utilitus Building, 1 Dorp Street, Cape Town, 8001

Note: For purposes of electronic database management, appellants are requested to submit electronic copies of the appeal, responding statement and any supporting documents to the Appeal Authority above and/or via email to DEADP.Appeals@westerncape.gov.za

A prescribed appeal form is available from the Appeal Authority at Tel: (021) 483 3721, Email: DEADP.Appeals@westerncape.gov.za or URL http://www.westerncape.gov.za/eadp

BETSY DITSHAM
SHARPLES ENVIRONMENTAL SERVICES

Many are unaware of the local Municipality's intention to establish a campus for tertiary education, student housing for 3000 to 4000 students as well a research institute or academy and hotel, group housing and apartments, free-standing residential housing, sports fields, and roads.

DOWNLOAD AND READ THE DRAFT ENVIRONMENTAL IMPACT ASSESSMENT REPORT FOR THE PROPOSED TERTIARY EDUCATION AND MIXED-USE PRECINCT DEVELOPMENT AT THE GARDEN ROUTE DAM AND ASSOCIATED INFRASTRUCTURE ON A PORTION OF THE REMAINDER OF ERF 464, GEORGE