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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations in Terms of Chapter 5 of the National Environmental Management Act, 1998

Chapter 6 : Public Participation Processes

56. Public participation process

 

 

1) This regulation only applies where specifically required by a provision of these Regulations.

 

2) The person conducting a public participation process must take into account any guidelines applicable to public participation and must give notice to all potential interested and affected parties of the application which is subjected to public participation by—
a) fixing a notice board at a place conspicuous to the public at the boundary or on the fence of—
i) the site where the activity to which the application relates is or is to be undertaken; and
ii) alternative site mentioned in the application;
b) giving written notice to—
i) the owners and occupiers of land adjacent to the site where the activity is or is to be undertaken or to any alternative site;
ii) the owners and occupiers of land within 100 metres of the boundary of the site or alternative site who are or may be directly affected by the activity;
iii) the municipal councillor of the ward in which the site or alternative site is situated and any organisation of ratepayers that represents the community in the area;
iv) the municipality which has jurisdiction in the area; and
v) any organ of state having jurisdiction in respect of any aspect of the activity;
c) placing an advertisement in—
i) one local newspaper; or
ii) any official Gazette that is published specifically for the purpose of providing public notice of applications or other submissions made in terms of these Regulations; and
d) placing an advertisement in at least one provincial newspaper or national newspaper, if the activity has or may have an impact that extends beyond the boundaries of the metropolitan or local municipality in which it is or will be undertaken: Provided that this paragraph need not be complied with if an advertisement has been placed in an official Gazette referred to in subregulation (c) (ii).

 

3) A notice, notice board or advertisement referred to in subregulation (2) must-
a) give details of the application which is subjected to public participation; and
b) state-
i) that the application has been or is to be submitted to the competent authority in terms of these Regulations, as the case may be;
ii) whether basic assessment or scoping procedures are being applied to the application, in the case of an application for environmental authorisation;
iii) the nature and location of the activity to which the application relates;
iv) where further information on the application or activity can be obtained; and
v) the manner in which and the person to whom representations in respect of the application may be made.

 

4) A notice board referred to in subregulation (2) must—
a) be of a size at least 60cm by 42cm; and
b) display the required information in lettering and in a format as may be determined by the competent authority.

 

5) If an application is for a linear or ocean-based activity and strict compliance with subregulation (2) is inappropriate, the person conducting the public participation process may deviate from the requirements of that subregulation to the extent and in the manner as may be agreed to by the competent authority.

 

6) When complying with this regulation, the person conducting the public participation process must ensure that—
a) information containing all relevant facts in respect of the application is made available to potential interested and affected parties;
b) and participation by potential interested and affected parties is facilitated in such a manner that all potential interested and affected parties are provided with a reasonable opportunity to comment on the application.