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

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 6 : Public Participation

40. Purpose of public participation

 

(1) The public participation process to which the—
(a) basic assessment report and EMPr, and where applicable the closure plan, submitted in terms of regulation 19; and
(b) scoping report submitted in terms of regulation 21 and the environmental impact assessment report and EMPr submitted in terms of regulation 23;

was subjected to must give all potential or registered interested and affected parties, including the competent authority, a period of at least 30 days to submit comments on each of the basic assessment report, EMPr, scoping report and environmental impact assessment report, and where applicable the closure plan, as well as the report contemplated in regulation 32, if such reports or plans are submitted at different times.

 

(2) The public participation process contemplated in this regulation must provide access to all information that reasonably has or may have the potential to influence any decision with regard to an application unless access to that information is protected by law and must include consultation with—
(a) the competent authority;
(b) every State department that administers a law relating to a matter affecting the environment relevant to an application for an environmental authorisation;
(c) all organs of state which have jurisdiction in respect of the activity to which the application relates; and
(d) all potential, or, where relevant, registered interested and affected parties.

 

(3) Potential or registered interested and affected parties, including the competent authority, may be provided with an opportunity to comment on reports and plans contemplated in subregulation (1) prior to submission of an application but must be provided with an opportunity to comment on such reports once an application has been submitted to the competent authority.

[Regulation 40(3) substituted by Notice No. 326 of 2017]