The Gauteng Department of Agriculture and Rural Development will be issuing administrative notices to the Velmore Hotel which was illegally built on land underlain by dolomite and within a water flood line. The hotel has been chosen by the German national football team as its base camp for the 2010 FIFA World Cup.
Velmore hotel was illegally built commencing in 2004 without an environmental authorisation in terms of the Environmental Conservation Act, 1989. The hotel was built in two phases, the first of which was built in 2004 and the second in 2009. This entailed the conversion of agricultural land into a private resort and henceforth in terms of the applicable legislation; this activity required certain environmental approvals together with other associated approvals before commencing with construction.
The developer in 2005 made an application to the Gauteng Provincial Government for approval of the building in terms of the National Environmental Management Act, which provides the public the opportunity to rectify illegal developments. After failure by the developer to submit an environmental report in line with the process and procedures of Section 24G of the National Environment Management Act, the provincial government requested the relevant information from the developer in 2008, which was only submitted in August 2009.
The following are areas that have not been addressed to the satisfaction of the competent authority:
* The area on which the hotel is built is dolomitic and requires that specialist studies must be undertaken in order to indicate suitable management strategies to be implemented during the construction and operation of any activity.
* The hotel and associated infrastructure is built within 1:100 and 1:50 years flood lines of a perennial river.
* The site is also suitable habitat for Red Listed Species.
* The facility was built on land zoned for agricultural use.
To date, the hotel remains illegal and is in contravention of the South African environmental legislation. The provincial government has a constitutional duty to ensure the protection and preservation of the environment, biodiversity and natural resources.
The owner/developer of the property will be issued with a Section 24G administrative fines to be determined by the Department of Agriculture and Rural Development. The department will also issue an administrative notice to the owner/developer regarding phase two of the hotel for which no application has been made for rectification of illegal development.
The Gauteng Provincial Government reserves the right to take any further action and would like to place on record that it exonerates itself from any liability that may occur as a result of the illegal construction and occupation of the hotel.
Enquiries:
Thabo Masebe
Cell: 082 410 8087
Issued by: Department of Agriculture and Rural Development, Gauteng Provincial Government
25 May 2010
