Piketberg Co-op Contests Hefty Fine for Unauthorized Dam Expansion

In a recent development, Piketberg's Piekenierskloof Vrugte cooperative has lodged an appeal against a substantial R625,000 fine for unauthorized dam expansion, requesting a reduction to R100,000. The Western Cape’s Department of Environmental Affairs and Development Planning sanctioned the fine after the co-op enlarged the capacity of Namaquasfontein School Dam from 1,000 cubic meters to 47,000 cubic meters without necessary environmental clearance back in 2017.

The fine, issued in June, is part of the co-op’s Section 24G application, which is a bid for post-facto approval for the illegal activity as outlined in the National Environmental Management Act (NEMA) of 1998. This application process lets entities legally rectify unapproved environmental activities, with R5-million as the top-end fine for companies.

While accepting liability for a penalty, Piekenierskloof Vrugte contests the fine's magnitude, stating the enhanced dam offers no substantial risk to the environment. However, the fine calculation—conducted by a dedicated administrator within the national Department of Forestry, Fisheries and the Environment—considers different impacts, including socio-economic implications and biodiversity conservation.

A Cape Town law firm, BBS Attorneys, representing the co-op, presented a 16-page appeal document, arguing for a reduced sanction. They highlighted the belief that the dam expansion was legally compliant, grounded on advice from a since-deceased professional dam engineer, as well as the absence of malicious intent. Despite the co-op's arguments, environmental authorities contend that the larger dam holds potential biodiversity effects, concerns heightened due to the dam’s location near crucial water resources like the Krom Antonies River and Verlorenvlei—a vital wetland system of international ecological importance.

Besides the dam, Piekenierskloof Vrugte is also seeking absolution for additional infractions, including a 1.8km pipeline linked to the Krom Antonies River. The outcomes of their legal appeal will resonate elsewhere, as future compliance and conservation efforts hinge upon the enforcement of environmental legislation.

The case has drawn public attention, reflecting the essential balance between agricultural development and environmental stewardship. The decision of whether to amend the fine will offer insights into the government’s stance on environmental infringements and will set a precedent for similar cases going forward. The story remains a poignant example of the rigors of environmental law in South Africa and the ongoing negotiations between sustainability and economic growth.