THE ROLE PLAYERS AND THEIR RESPONSIBILITIES

The four Role Players involved in an Environmental Impact Assessment process are: the Applicant/Developer (the person that wants to undertake a listed activity and therefore has to obtain Environmental Authorisation from the Competent Authority); the Competent Authority (based on the outcome of an Environmental Impact Assessment will either grant or refuse the requested Environmental Authorisation); the Environmental Assessment Practitioner (an independent person appointed by the Applicant to manage the Environmental Impact Assessment process on behalf of the Applicant); and Interested and Affected Parties/the Public (who have the right to participate in the Environmental Impact Assessment process and comment on the Application).

These four role-players have the following roles and responsibilities during the Environmental Impact Assessment process:

Applicant:

• Must appoint an Environmental Assessment Practitioner to manage the Application;
• Must provide the Environmental Assessment Practitioner with access to all available information relevant to the Application;
• Must provide the Environmental Assessment Practitioner and Competent Authority with access to all the relevant information;
• Must provide the Environmental Assessment Practitioner with truthful and accurate information relevant to the proposed identified activity; and
• Must pay any costs or fees applicable to the Application.

Environmental Assessment Practitioner (EAP):

• Must ascertain whether the Basic Assessment or Scoping and EIA Application process should be followed;
• Must act independently of the Applicant/Developer;
• Must be objective in undertaking the work;
• Must have appropriate expertise in conducting Environmental Impact Assessments;
• Must disclose any information that may affect the decision of the Competent Authority;
• Must take any relevant national and / or provincial guidelines into consideration; and
• Must manage the Application process, by —
  • giving notice, in writing, of the proposed activity to any organ of state with jurisdiction in respect of any aspect of the activity
  • compiling the relevant reports
  • submitting required documentation to the Competent Authority
  • if applicable, amending reports and or providing additional information upon the Competent Authority's request
  • notifying Interested and Affected Parties of the Competent Authority's decision and Appeal provisions
  • conducting at least the basic public participation —
    • arrange the required public participation activities
    • provide adequate time for public participation
    • provide Interested and Affected Parties with information that will enable them to participate
    • keep a register of Interested and Affected Parties and record their inputs
    • consider all objections and representations received from Interested and Affected Parties
    • provide Interested and Affected Parties with an opportunity to comment on all reports

Public / Interested and Affected Parties (I&AP) :

• May participate in the Application process;
• May comment on any written communication submitted to the Competent Authority;
• Must comment within the specified /agreed timeframes;
• Must send copies of any comments to the Applicant/Environmental Assessment Practitioner if submitted directly to Competent Authority;
• Must disclose any interest they have in the Application being granted or refused; and
• May Appeal a final decision.

Competent Authority (CA):

• Must make decisions on Applications for Environmental Authorisations in accordance with the EIA Regulations;
• Must comply with the specified timeframes;
• Must give access to information that may be relevant to the Application;
• Must enter into written agreements with organs of state with jurisdiction;
• May pass national and/or provincial guidelines;
• May adopt an Environmental Management Framework;
• Must request additional information or that further studies be conducted if necessary;
• Must make decisions in an open and transparent manner;
• Must notify Applicant/Developer of decsion, conditions and Appeal provisions;
• Must give written reasons for decisions;
• Must, if applicable consider and respond to Appeals;
• May Withdraw, Amend or Suspend an Environmental Authorisation; and
• Must give reasonable assistance to a person who is unable to participate as a result of illiteracy, disability or any other disadvantage.