National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsEnvironmental Management Framework Regulations, 20103. Development of environmental management frameworks |
| (1) | The Minister or MEC with the concurrence of the Minister may initiate an environmental management framework for an area. |
| (2) | In order to initiate an environmental management framework for an area, the Minister or MEC must— |
| (a) | conduct public consultation to inform the preparation of a draft environmental management framework; |
| (b) | compile a draft environmental management framework; |
| (c) | subject the draft to a public participation process by— |
| (i) | making the draft available for public inspection at a convenient place; and |
| (ii) | inviting potential interested and affected parties by way of advertisements in newspapers circulating in the area and in any other appropriate way to inspect the draft and submit representations, and comments in connection with the draft to that person or organ of state; |
| (iii) | take appropriate steps to ensure that reasonable alternative methods of promoting public participation are followed in those instances where a person is desiring but unable to participate in the process due to |
| (aa) | illiteracy; |
| (bb) | disability; or |
| (cc) | any other disadvantage, |
| (d) | consider representations and comments received; |
| (e) | review the draft in the light of any representations, and comments received; and |
| (f) | prepare a comments and response report including responses to all representations and comments received. |
| (3) | The development of an environmental management framework must include an assessment of |
| (a) | the need for an environmental management framework; |
| (b) | the status quo of the geographical area that forms the subject of the environmental management framework; |
| (c) | the desired state of the environment; and |
| (d) | the way forward to reach the desired state. |
| (4) | Public participation as contemplated in subregulation (2)(c) must ensure that participation by potential interested and affected parties in the development of the environmental management framework is facilitated in such a manner that all potential interested and affected parties are provided with a reasonable opportunity, sufficient understanding and skill, best suited to the local interests and groups in each geographical area, to provide comment during the process of developing the environmental management framework. |