4 CONSULTATION WITH INTERESTED AND AFFECTED PARTIES

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1 4 CONSULTATION WITH INTERESTED AND AFFECTED PARTIES This Chapter describes the process that was followed to notify, consult, and consider the input of Interested and Affected Parties (I&APs). Figure 4.1 outlines the EMPr process and details the stages at which consultation occurs. Figure 4.1 EMPr Process The process must be completed in 120 days Notifications Specialist Studies Impact Assessment Management Plan Stakeholders are notified to inform them of the proposed activities and to solicit input Specialist conduct studies of key environmental and social issues Impacts and risks are identified and environmental protection measures are developed Detailed plan is prepared to guide implementation of environmental protection measures Stakeholders are requested to provide input within 21 days of initial notification so that issues can be considered in the studies Stakeholder comments are accepted throughout the process and fed into the assessment Stakeholders are notified when the draft report is available and asked to provide comment within 30 days so that the report can be revised if necessary 4.1 CONSULTATION PROCESS The consultation process followed was in accordance with the requirements contained within the Mineral and Petroleum Resources Development Act (Act 28 of 2002) (MPRDA), the MPRDA Regulations GN 527 of 2004, and the generic EMPr guideline and template documents. The following describes the activities that were undertaken as part of the consultation process Identification of Interested and Affected Parties Potential I&APs were identified through analysis of potential stakeholders and based on stakeholders engaged in previous similar studies in the area. A listing of I&APs was created for use in the consultation programmes. The list included government authorities (local and regional), Non-Governmental Organisations (NGO), Community-Based Organisations (CBO) and industry groups (including the fishing industry). The list was further expanded 4-1

2 through feedback and suggestions received following consultation and disclosure activities. A full list of I&APs identified is provided in Appendix B Description of Consultation Activities Background Information Document A Background Information Document (BID) was prepared providing an overview of the proposed exploration activities and locations. The information was provided in a non-technical format. The BID also provided instruction for submitting comments and input for consideration in the EMPr process. See Appendix A for a copy of the BID that was distributed. The BID was distributed via electronic mail to all I&APs that had been identified. It was also made available on the project information website: (Note that this website will be active until the end of 2014.) Public Notification and Initial Comment Period The general public was notified about the proposed activities and of the consultation process through public notice. Adverts were placed on Thursday, 12 December 2013 in The Times, The Mercury, The PE Herald, The South Coast Herald, The South Coast Fever and The Upper Coast Fever informing the broader public about the proposed exploration activities. Copies of the adverts are attached as Appendix B-1. The adverts provided details of the consultation process and provided information on how members of the public could provide input. Per the defined EMPr process, a period of 21 calendar days (12 December 2013 to 20 January 2014, excluding the holiday period of 15 December 2013 to 2 January 2014), was allowed for I&APs to submit issues or concerns for consideration in the compilation of the draft EMPr. This period also allowed for members of the public to register as I&APs and/or submit issues or concerns. Further I&APs were identified through this process. 4-2

3 Comment and Response Process Receipt of comments received during the initial comment period was formally acknowledged to the sender and comments were registered. Where possible at that time, a response or additional information was provided. Copies of electronic mail correspondence received during the initial comment period are provided in Appendix B-2 and a list of I&APs identified through this process is provided in Appendix B-3. Issues raised and comments submitted during the initial comment period have been compiled into a Comments and Responses Report attached as Appendix B-4. Comment Period The draft EMPr was made available to I&APs for a period of 30 calendar days (from 7 February 2014 to 10 March 2014) on the project website: (Note that this website will be active until the end of 2014.) Notification of availability was sent directly to all I&APs for further comments. Copies of the report were also made available in the following public libraries: Port Shepstone, Amazimtoti, Margate, Austerville, Durban, Ballito, Richards Bay, KwaDukuza, Umkomaas and Scottburgh. In addition the public was made aware of the availability of the document via public notice during the week of 2 March 2014 in the following newspapers The Times, The Mercury, The PE Herald, The South Coast Herald, The South Coast Fever, The Upper Coast Fever, The Mthatha Express and Ilanga. Notices were in English, Zulu, and Xhosa. The EMPr has been updated based on comments received during this comment period. All comments received on the EMPr during this comment period have been compiled and documented in the Comments and Responses report. Consultation Meetings In addition to the process required in terms of the MPRDA and during the draft EMPr disclosure period, a series of face-to-face engagements were conducted. This included group meetings (in an open house format) and 4-3

4 focused meetings (in a standard meeting format). All I&APs on the stakeholder database were notified of and invited to the group meetings. Of the two group meetings noted above, one was held in Durban (18 February 2014), and one in Port Shepstone (19 February 2014). In addition, three focus meetings were held with: Ezemvelo KZN Wildlife in Pietermaritzburg (18 February 2014); KZN Provincial Department of Environmental Affairs in Pietermaritzburg (19 February 2014); and Pelagic Long-line Fisheries Representatives in Cape Town (21 February 2014). A full report summarising these activities is included in Appendix C. Media A number of media enquiries were received during the process. These enquiries were directed to and responded to by EMEPSAL s media relations team. These included print (Natal Witness, Business Day, South Coast News, Sunday Times, Daily News), radio (Lesedi FM) and television (SABC and enca) enquiries related to the proposed activities, the EMPr process and the public consultation undertaken. 4.2 SUMMARY OF KEY ISSUES RAISED The issues presented in this Section have been summarised from the issues raised and comments submitted by I&APs during the initial comment period and the draft EMPr comment period (Appendix B-2). In summary the key issues raised pertained to: Potential impacts on sensitive marine fauna; Public consultation process Climate change; and Lack of Research. Detailed comments and responses can be found in the Comments and Response Report in Appendix B Sensitive Marine Fauna Some I&APs expressed concern that the proposed exploration activities, in particular seismic surveys and the effect of the increasing number of recent proposals for exploration, would result in the disturbance of the sensitive 4-4

5 marine life offshore of South Africa. A specific note was made by one I&AP regarding ensuring the seismic surveys do not occur during periods of high activity (e.g. whale migration period). Concern was raised by potentially affected long-line fishing organisations regarding the potential impact on migratory fish species. The baseline description of the sensitive marine fauna within the survey block and potential impacts on marine mammals, fish and seabirds are discussed and assessed in Chapter 3 and Chapter 6 respectively. A number of mitigation measures will be adopted specifically to address potential impacts to marine fauna Public Consultation Concern was raised by one I&AP indicating that registered stakeholders should remain on the database for the duration of the Exploration Right period and therefore receive notifications prior to surveys. He also specified that the applicant should ensure that notifications should be done 30 days prior to surveys. A request was made that stakeholders receive a copy of the Environmental Authorisation when this is issued by the Petroleum Agency South Africa (PASA). The wording of the Implementation Plan was updated to address his concerns. Further discussions will be held with the applicant and PASA regarding making the Environmental Authorisation (or equivalent) available to I&APs once issued. Additional concerns regarding public consultation were raised by certain stakeholders who attended the group meeting held in Durban on 18 February These concerns were largely with regards to the scope of consultation undertaken and the format of the engagement sessions held. The requirements of the Mineral and Petroleum Resources Development Act (Act 28 of 2002) (MPRDA) applicable to oil and gas exploration activities were followed for the public consultation process. A detailed response to specific concerns is included in the Comments and Reponses Report (Appendix B-4) Climate Change Concerns were raised regarding climate change impacts and the lack of assessment of these in the EMPr. An I&AP proposed that specialist input should be gathered to assess the potential impacts. The proposed activities include only exploration-phase geophysical and geotechnical surveys. As described in Chapter 2, these are vessel or airplane 4-5

6 based activities. Given the nature of the proposed activities, impact on climate change is comparable to other existing sea going vessels and small plane operators. There are no activities that will generate or release significant quantities of greenhouse gases. Any further research would therefore not provide any benefit to the assessment of impacts at this stage of the proposed project Lack of Research A stakeholder raised concern regarding the lack of research into the subject of marine sound and impacts to marine fauna and biodiversity as well as research into the detailed understanding of the South Africa specific context. A concern regarding research and monitoring of the effectiveness of mitigation measures was also raised, as well as with regards to research around cumulative and indirect impacts. Research has been undertaken around the world on the impacts of seismic surveys on marine fauna and this information has been used to inform the best practice standard mitigation measures (in this case mitigation measures of the JNCC guideline). Mitigation measures, as described in Chapter 5, have been designed to address site-specific environmental conditions of this exploration area to reduce the risk of sound exposures and vessel traffic harming marine mammals or other endangered species. Data collected from all seismic surveys is reported to PASA, this data is however not collated. EMEPSAL does however use information from previous surveys to develop mitigations for future surveys in the same Exploration Area. A detailed response to specific concerns is included in the Comments and Reponses Report (Appendix B-4). 4.3 GRIEVANCE MECHANISM A grievance mechanism will be developed to address exploration-related individual and community concerns and grievances. This mechanism is an important element of the stakeholder engagement process as it creates opportunities to help identify problems and develop solutions with communities. The objective will be for the operator to receive, record, respond to and address any complaints made due to exploration activities. The grievance process would help to allow complaints to be responded to efficiently, avoiding escalation of the issue, reducing potential adverse impact to the local population and maintaining a positive attitude towards the exploration activities. The grievance process will be based on five steps: 4-6

7 1. Advertising and communicating the process to stakeholders 2. Receiving and registering grievance 3. Reviewing and investigating grievance 4. Resolution, response and close-out 5. Monitoring and evaluation 4-7

8 Appendix A Background Information Document

9 Appendix B-1 Advertisements

10 Appendix B-2 I&AP Correspondence

11 Appendix B-3 I&AP Database

12 Appendix B-4 Comments and Responses Report