Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions relating to National Environmental Management Permits and Licences during Alert Level 3

Annexures

Annexure 3 : Services to be provided or obtained by proponent, applicants, environmental assessment practitioners (EAPs), specialists, professionals undertaking actions as part of the environmental authorisation process and organs of state as commenting authorities required ito the National Environmental Management Act, the National Environmental Management: Waste Act, and the Environmental Impact Assessment Regulations, (EIA Regulations)
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Annexure 3: Services to be provided or obtained by proponent, applicants, environmental assessment practitioners (EAPs), specialists, professionals undertaking actions as part of the environmental authorisation process and organs of state as commenting authorities required in terms of the National Environmental Management Act, the National Environmental Management: Waste Act, and the Environmental Impact Assessment Regulations, (EIA Regulations)

 

General provisions

 

1. The provision or obtaining of services indicated in the table below, in addition to the specific requirements indicated in the table, is subject to all the applicable health and safety and other restrictions, directions and requirements determined in terms of section 27(2) of the Disaster Management Act.

 

2.Where any hard copies of documents are submitted, such documents must be sanitized.

 

3. If there is any uncertainty about whether an activity is allowed or not, the relevant official of the applicable authority should be approached for guidance and/or confirmation.

 

4. At all times it must be ensured that reasonable opportunity is provided for public participation and that all administrative actions are reasonable. While the COVID-19 pandemic is a unique circumstance, the specific circumstances in each case must be considered in order to determine what will be reasonable. If in the circumstances of a particular case alternative reasonable methods to give notice to potential interested and affected parties (I&APs) are available, then the relevant competent authority can be approached for an agreement in this regard as provided for in Regulation 41(2)(e) of the EIA Regulations, as per the table below.

 

Activity

Requirements

Request a meeting with the competent authority, including pre-application discussions or meetings to discuss adherence to Chapter 6 of the EIA Regulations, including, if applicable, proposing alternative reasonable methods in terms of regulation 41(2)(e) of the EIA Regulations, 2014, and reaching agreement on the public participation plan for applications, including new applications or amendments undertaken where adherence to Chapter 6 is required.

A person (proponent/applicant, specialist, EAP or other professional) who performs the services must:

- prepare a written public participation plan, containing proposals on how the identification of and consultation with all potential I&APs will be ensured in accordance with regulation 41(2)(a) to (d) of the EIA Regulations or proposed alternative reasonable methods as provided for in regulation 41(2)(e) of the EIA Regulations, for purposes of the application and submit such plan to the competent authority;
- request a meeting or pre-application discussion with the relevant competent authority to determine the reasonable measures to be followed to identify potential I&APs and register IA&Ps for purposes of conducting public participation on an application requiring adherence to Chapter 6 of the EIA Regulations as set out in the public participation plan and obtain agreement from the relevant competent authority on the public participation plan;
- For new applications, the public participation plan agreed with the competent authority must be annexed to the application form;
- Unless part of a site visit, virtual or telephonic meetings to be arranged with the relevant competent authority as set out in Annexure 2.

Meetings between proponents/applicants, specialists, EAPs and other professionals

Unless part of a site visit, virtual or telephonic meetings to be arranged.

Site visits

The number of people present at site visits must be restricted as far as possible.

Public participation

Proponents/applicants, EAPs, specialists and professionals, where relevant, must:

- ensure that all reasonable measures are taken to identify potential I&APs for purposes of conducting public participation on the application; and
- ensure that, as far as is reasonably possible, taking into account the specific aspects of the application—
(a) information containing all relevant facts in respect of the application or proposed application is made available to potential I&APs; and
(b) participation by potential or registered I&APs has been facilitated in such a manner that all potential or registered I&APs are provided with a reasonable opportunity to comment on the application or proposed application.

In ensuring the above, applicants and EAPs, in addition to the methods contained in Chapter 6 of the EIA Regulations, or as part of reasonable alternative methods proposed in terms of regulation 41(2)(e) of the EIA Regulations, may make use of the following non-exhaustive list of methods : emails, websites, Zero Data Portals, Cloud Based Services, or similar platforms, direct telephone calls, virtual meetings, newspaper notices, radio advertisements, community representatives, distribution of notices at places that are accessible to potential I&APs.

Make reports available for comment

Reports may not be made available at any public places or premises closed to the public, as contemplated in the Regulations.

 

Hard copies or electronic versions of reports may be made accessible through any of the following non-exhaustive list of methods: websites, Zero Data Portals, community or traditional authorities, Cloud Based Services, provided that all registered I&APs have access to the reports.

 

Reports made available to the competent authority must be made available as indicated by the relevant competent authority in Annexure 2.

Submit reports and documents to competent authority for decision-making on applications requiring adherence to Chapter 6 of the EIA Regulations

Proponents/applicants or EAPs must, when submitting documents to the competent authority for decisionmaking purposes, submit a declaration indicating that:

- all reasonable measures have been taken to identify potential I&APs for purposes of conducting public participation on the application;
- as far as is reasonably possible and taking into account the specific aspects of the application,
(a) information containing all relevant facts in respect of the application or proposed application has been made available to potential I&APs; and
(b) participation by potential or registered I&APs has been facilitated in such a manner that all potential or registered I&APs have been provided with a reasonable opportunity to comment on the application or proposed application; and
- the public participation plan, as agreed with the competent authority, has been adhered to and indicate any deviations from such agreed plan where relevant;
- reports and documents submitted for decision-making purposes must contain the public participation plan as required in Annexure 2.

Notify registered I&APs of a decision

made on the application and provide

access to the decision

Registered I&APs must be notified of the decision on an application as well as be provided with access to the decision.

 

Hard copies or electronic versions of decisions may be made accessible through any of the following non-exhaustive list of methods: websites, Zero Data Portals, community or traditional authorities, Cloud Based Services, provided that all registered I&APs have access to the decision.

 

The applicant or EAP must provide proof that all registered I&APs have been notified and provided access to the decision.

Conduct specialist studies

In instances where it is not possible for a specialist to conduct an assessment or sampling as required for a specific specialist assessment, the specialist or EAP must engage the relevant competent authority on a case by case basis, as regards the possibility of alternative arrangements. The EAP or specialist must provide the competent authority with a written proposal on how the specific specialist study/assessment or sampling exercise can be executed and obtain written agreement from the competent authority on the proposal.