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

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 6 : Public Participation

41. Public participation process

 

(1) This regulation only applies in instances where adherence to the provisions of this regulation is specifically required.

 

(2) The person conducting a public participation process must take into account any relevant guidelines applicable to public participation as contemplated in section 24J of the Act and must give notice to all potential interested and affected parties of an application or proposed application which is subjected to public participation by—
(a) fixing a notice board at a place conspicuous to and accessible by the public at the boundary, on the fence or along the corridor of—
(i) the site where the activity to which the application or proposed application relates is or is to be undertaken; and
(ii) any alternative site;
(b) giving written notice, in any of the manners provided for in section 47D of the Act, to—
(i) the occupiers of the site and, if the proponent or applicant is not the owner or person in control of the site on which the activity is to be undertaken, the owner or person in control of the site where the activity is or is to be undertaken and to any alternative site where the activity is to be undertaken;
(ii) owners, persons in control of, and occupiers of land adjacent to the site where the activity is or is to be undertaken and to any alternative site where the activity is to be undertaken;
(iii) the municipal councillor of the ward in which the site and alternative site is situated and any organisation of ratepayers that represent the community in the area;
(iv) the municipality which has jurisdiction in the area;
(v) any organ of state having jurisdiction in respect of any aspect of the activity; and
(vi) any other party as required by the competent authority;

[Regulation 41(2)(b) substituted by Notice No. 326 of 2017]

(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;
(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 district 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 paragraph (c)(ii); and
(e) using reasonable alternative methods, as agreed to by the competent authority, in those instances where a person is desirous of but unable to participate in the process due to—
(i) illiteracy;
(ii) disability; or
(iii) any other disadvantage.

 

(3) A notice, notice board or advertisement referred to in subregulation (2) must—
(a) give details of the application or proposed application which is subjected to public participation; and
(b) state—
(i) whether basic assessment or S&EIR procedures are being applied to the application;
(ii) the nature and location of the activity to which the application relates;
(iii) where further information on the application or proposed application can be obtained; and
(iv) the manner in which and the person to whom representations in respect of the application or proposed application may be made.

 

(4) A notice board referred to in subregulation (2) must—
(a) be of a size of at least 60cm by 42cm; and

[Regulation 41(4)(a) substituted by Notice No. 326 of 2017]

(b) display the required information in lettering and in a format as may be determined by the competent authority.

 

(5) Where public participation is conducted in terms of this regulation for an application or proposed application, subregulation (2)(a), (b), (c) and (d) need not be complied with again during the additional public participation process contemplated in regulations 19(1)(b) or 23(1)(b) or the public participation process contemplated in regulation 21(2)(d), on condition that—
(a) such process has been preceded by a public participation process which included compliance with subregulation (2)(a), (b), (c) and (d); and
(b) written notice is given to registered interested and affected parties regarding where the—
(i) revised basic assessment report or, EMPr or closure plan, as contemplated in regulation 19(1)(b);
(ii) revised environmental impact assessment report or EMPr as contemplated in regulation 23(1)(b); or
(iii) environmental impact assessment report and EMPr as contemplated in regulation 21(2)(d);

may be obtained, the manner in which and the person to whom representations on these reports or plans may be made and the date on which such representations are due.

[Regulation 41(5) substituted by Notice No. 326 of 2017]

 

(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 or proposed application is made available to potential interested and affected parties; and
(b) participation by potential or registered interested and affected parties is facilitated in such a manner that all potential or registered interested and affected parties are provided with a reasonable opportunity to comment on the application or proposed application.

 

(7) Where an environmental authorisation is required in terms of these Regulations and an authorisation, permit or licence is required in terms of a specific environmental management Act, the public participation process contemplated in this Chapter may be combined with any public participation processes prescribed in terms of a specific environmental management Act, on condition that all relevant authorities agree to such combination of processes.