These are notes that give a general understanding of the EIA process in South Africa. It provides the general requirements outlined by NEMA and gives what is expected of you as an EAP.
Lecture 12: Public Participation
PP process by which potential I&APs are given opportunities to comment on raise
issues.
o Environmental governance
o Safeguarding shared heritage
o Relevant guidelines of 24 J should be considered.
Environmental management system (2014)
Department of Environmental Affairs (2017)
DFFE – DEADP
o Mandatory to consider guidelines.
Cant do EIA process without it but can do exemption of some parts.
Systematic evaluation of impacts – ensure triple bottom line impacts have been
assessed and mitigated.
o Mitigation hierarchy (avoidance – if can’t be avoided then mitigate)
o Large number of impacts then have important step of PP if impact by project
then can give suggestion and least impact on different environments
Integrated into different stages – have sufficient opportunities to give input.
CA have detailed looked at PP process – have accordance with regulation.
o Fatal flaw is grounds to be rejected or appealed.
Scoping/ or screening or BA = when have public involvement – mitigation – then
have second public involvement
o Normally in beginning but can be additional.
o Before submission of application.
Relevant CA and registered I&AP must have opportunity to comment
for 30 days.
Normally do before because significant impacts to get input and
feedback.
Once formal application the have-to-have PP in that stage.
o Significant impacts/ changes – then have to send out for additional 30 days
and if the 90 days is not enough then have to ask for an additional 50 days or
extension.
o 3.7 regulation extension with CA for extension no time limit but have to have
already done PP therefore this extension would just allow for additional PP.
If amendment to authorisation.
Allow everyone enough time to comment on change of impact – may
not be a full, already have the interested and affected parties.
When additional reports, short coming in EMPr that need to be updated or addressed
then have to have PP with the CA.
Holder of EA intends to amend impact management outcomes or when there is
closure and then have to engage with the registered interested and affected parties.
o Auditors have to be independent and say noncompliance.
EAP or specialists are declared not to be independent the applicant needs to get
another EAP and then have to have another PP.
o If there is a review that is a required, then client has to pay.
15 December to 5 January = excluded from calculated time frames and public holidays.
Notice board, written notice, public meeting, advertisement and information sharing
Doesn’t have set rule that say how long before submission there has to be CA then
have to say relevant or not.
, o CA to determine undertaking PP before had and the validity thereof.
Portions of PP before application that don’t have to do post application.
o Neighbour notices, site notice and media notices = only happens once (even
if prior to application process unless CA requires it to be done)
o Comment must always be given opportunity once the application is submitted.
Min legal requirement:
Ensure involved parities receive clear information about impact and application or
proposed decision.
Allow to express support, concerns and questions about project.
o Have to include department comments – might not adhere to timeframes.
o If do not submit comment, then is a comment in itself.
Suggest ways to lessen negative impacts and enhance positive one.
Create opportunities to clarify technical issues, resolve conflicts and address
misunderstanding.
Promote transparency and accountability in decision-making.
o Don’t have someone saying that don’t consider this.
o Keep record and be able to show and that the process was undertaken with
minimum requirements.
Contribute to healthy democracy.
o Administrative justice act
Don’t disregard comments and try not being basis.
o This is where the department will put a lot of effort into reviewing the
comments and the response.
o Good to have empathy but can’t respond emotionally.
o Needs to be feasible.
Chapter 6 of NEMA EIA regulations
o Giving notice to I&APs
o Maintaining register
o Having all registered I&AP being able to comment.
o Record of comments of I&AP recorded in all reports and plans.
Notification of I&AP
Informative and proactive way (trust and improve community analysis)
Fixing notice (accessible – boundary or corridor of site and any alternative site)
o Road development at start and end, place at area where the bulk of
development is going to take place.
o Details of what required and size = visible to passer by
Written notice.
o Adjacent landowner or landowners that may be living on the property.
o Boundaries of site (if pipeline then everyone in pipeline corridor then
everyone notice)
Now more difficult because of poppy act (privacy)
o Letter drops.
o Registered mail
o Email/sms
Placing advertisement – media notice.
o Local newspaper
o Media 24 can find out what paper is distributed in the area.
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