MINIMUM REQUIREMENTS FOR PUBLIC PARTICIPATION

Public Participation Process:

Please note that these are the Minimum requirements for Public Participation. The level of public participation will depend on the activity/development.

The person conducting a public participation process (usually the Environmental Assessment Practitioner) must:

• take any guidelines applicable to public participation into account;
• give notice to all potential Interested and Affected Parties of the Application which is subjected to public participation, by —
  • fixing a notice board at a place conspicuous to the public at the boundary or on the fence of -
    • the site where the activity to which the Application relates is or is to be undertaken; and
    • any alternative site mentioned in the Application;
  • giving written notice to —
    • the owners and occupiers of land adjacent to the site where the activity is or is to be undertaken or to any alternative site;
    • 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;
    • 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;
    • the municipality which has jurisdiction in the area; and
    • any organ of state having jurisdiction in respect of any aspect of the activity;
  • placing an advertisement in —
    • one local newspaper; or
    • any official Gazette that is published specifically for the purpose of providing public notice of Applications or other submissions made in terms of the EIA Regulations; and
  • 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.

Requirements for placing of Notice:

• notice, notice board or advertisement must —
  • give details of the Application which is subjected to public participation; and
  • state —
    • that the Application has been or is to be submitted to the Competent Authority in terms of the EIA Regulations, as the case may be;
    • whether Basic Assessment or Scoping and EIA procedures are being applied to the Application, in the case of an Application for Environmental Authorisation;
    • the nature and location of the activity to which the Application relates;
    • where further information on the Application or activity can be obtained; and
    • the manner in which and the person to whom representations in respect of the Application may be made.
• A notice board must —
  • be of a size at least 60cm by 42cm; and
  • display the required information in lettering and in a format as may be determined by the Competent Authority.
• If an Application is for a linear or ocean-based activity and strict compliance with the above is inappropriate, the person conducting the public participation process may deviate from the requirements to the extent and in the manner as may be agreed to by the Competent Authority.
• When conducting public participation, the person conducting the public participation process (usually the Environmental Assessment Practitioner) must ensure that —
  • information containing all relevant facts in respect of the Application is made available to potential Interested and Affected Partiess; and
  • participation by potential Interested and Affected Partiess is facilitated in such a manner that all potential Interested and Affected Partiess are provided with a reasonable opportunity to comment on the Application.

Register of Interested and Affected Parties:

• An Applicant or Environmental Assessment Practitioner managing an Application must open and maintain a register which contains the names and addresses of —
• • all persons who, as a consequence of the public participation process conducted in respect of that Application, have submitted written comments or attended meetings with the Applicant or Environmental Assessment Practitioner;
  • all persons who, after completion of the public participation process above, have requested the Applicant or the Environmental Assessment Practitioner managing the Application, in writing, for their names to be placed on the register; and
  • all organs of state which have jurisdiction in respect of the activity to which the Application relates.
• An Applicant or Environmental Assessment Practitioner managing an Application must give access to the register to any person who submits a request for access to the register in writing.

Registered Interested and Affected Parties are entitled to comment on submissions:

• A registered Interested and Affected Parties is entitled to comment, in writing, on all written submissions made to the Competent Authority by the Applicant or the Environmental Assessment Practitioner managing an Application, and to bring to the attention of the Competent Authority any issues which that party believes may be of significance to the consideration of the Application, provided that —
  • comments are submitted within —
    • the timeframes that have been approved or set by the Competent Authority; or
    • any extension of a timeframe agreed to by the Applicant or Environmental Assessment Practitioner;
  • a copy of comments submitted directly to the Competent Authority is served on the Applicant or Environmental Assessment Practitioner; and
  • the Interested and Affected Parties discloses any direct business, financial, personal or other interest which that party may have in the approval or refusal of the Application.
• Before the Environmental Assessment Practitioner managing an Application for Environmental Authorisation submits a report compiled in terms of the EIA Regulations to the Competent Authority, the Environmental Assessment Practitioner must give registered Interested and Affected Parties access to, and an opportunity to comment on the report in writing.
• Reports include —
  • Basic Assessment Reports;
  • Basic Assessment Reports amended and resubmitted;
  • Scoping Reports;
  • Scoping Reports amended and resubmitted;
  • specialist reports and reports on specialised processes compiled;
  • Environmental Impact Assessment Reports submitted; and
  • draft Environmental Management Plans compiled.
• Any written comments received by the Environmental Assessment Practitioner from a registered Interested and Affected Parties must accompany the report when the report is submitted to the Competent Authority.
• A registered Interested and Affected Parties may comment on any final report that is submitted by a specialist reviewer for the purposes of the EIA Regulations where the report contains substantive information which has not previously been made available to a registered Interested and Affected Parties.

Comments of Interested and Affected Parties to be recorded in Reports submitted to the Competent Authority:

The Environmental Assessment Practitioner managing an Application for Environmental Authorisation must ensure that the comments of Interested and Affected Parties are recorded in reports submitted to the Competent Authority. Any comments by Interested and Affected Parties on a report may be attached to the report without recording those comments in the report itself.

Remember that these are the Minimum requirements for public participation.