Battle over dredging hots up

JON HOUZET

AFFECTED SITE: Local surfers and residents have objected to the disposal of dredge spoils from the marina canals in the East Beach dunes, which they say contravenes the National Environmental Management Act Picture: JON HOUZET

A GROUP of Port Alfred surfers has laid a criminal charge with the police in an attempt to stop emergency dredging of the Royal Alfred Marina canals.

Jerome Boulle, one of the group of surfers, cited contravention of the National Environmental Management Act as the basis for their charge, but he said it was up to the police to formulate the charge and decide who should be charged.

Police spokesman Luvuyo Mjekula confirmed that a case had been opened and would be investigated.

Boulle and fellow surfers, Mike Varela and Justin Maddocks, along with resident Joy Hayes, have objected to the department of economic development, environmental affairs and tourism (Dedeat) granting an emergency dredging permit to the Royal Alfred Marina Homeowners Association (Ramhoa) after dredging was stopped last year.

Dedeat had warned Ramhoa that an environmental impact assessment (EIA) would have to be done before any authorisation could be given.

The objectors are concerned over the damage being done to the dunes by the disposal of silt from the river bed and use of a grader to create berms to keep the dredge water from running into the sea.

It emerged this week that Ramhoa was allowed to deviate from a record of decision (ROD) in 2007 based on a fictitious complaint by surfers at the time.

The 2007 ROD was granted after an EIA on dredging the Kowie River and stipulated that dredge spoils be discharged in the surf zone.

In a departmental memorandum in December, Dedeat official Jan Kapp referred to the 2007 ROD and stated: "A complaint was lodged by surfers against this decision and the area in the pictures above [he included photos of the current disposal site] was then agreed upon.”

However, no local surfers recall making any objection at the time.

"No recollection of this,” said Kowie Boardriders Club secretary Warwick Heny. "Ask Kapp for written proof of this objection.”

Heny also said he had no idea who agreed to the current site, but just knew that it was being used prior to 2007, before an EIA was required.

The current group of objectors also said they had not heard of nor been part of an objection to the "surf zone” discharge clause in the 2007 ROD.

"Who agreed to the current disposal site? We didn’t,” said Varela.

"The whole point of Warwick’s e-mail poll last year was to get the surfers to agree to have the silt dumped at sea. But we went beyond that to investigate the current disposal site and say it shouldn’t be happening at all,” he added.

"How is it possible that this sludge can be dumped into the Coastal Protection Zone on our front doorstep without any form of EIA, in direct contravention of the Integrated Coastal Management Act?” said Boulle.

"The names of the parties involved in taking this ‘emergency decision’, both on the government side and the private side need to be made public in order that they are held fully accountable.”

Ramhoa applied to dredge on an emergency basis after new sandbanks formed in the marina canals and the entrance to the small boat harbour after floods in October.

But a written response from Dedeat official Dayalan Govender stated the silting up of the entrances of the marina was not an emergency or crisis, but an inconvenience at best.

He also said regulatory requirements "do not differentiate the triggers of EIA listed activities based on circumstances” and Dedeat could not authorise any emergency dredging without authorising ongoing dredging.

However, after that correspondence, efforts by two influential marina homeowners secured a dredging permit signed by Dedeat head of department Bulumko Nelana.

After getting the permit, Ramhoa had to seek further permission to dispose of the spoils, as the permit itself advised Ramhoa to dispose of dredged material onto "an appropriate place” and obtain the necessary permission from Dedeat should dumping be made at sea.

Kapp was tasked with making a site visit and preparing a recommendation to Dedeat general manager Albert Mfenyana, which he did in December.

Ramhoa chairman Peter Bassett allowed TotT to study the documents last week, but we were not allowed to have copies.

TotT sent queries to six Dedeat officials, including Kapp, Govender, Mfenyana, Div de Villiers, Jaap Pienaar and Leon Els, but had received no response at the time of going to press.