The Environmental Assessment Practitioner/Consultant managing the Application must give written notice of the proposed activity to –

1. the owners and occupiers of land adjacent to the site where the activity is to be undertaken and any alternative sites.
2. the owners and occupiers of land within 100 metres of the boundary of the site and alternative sites who are or may be directly affected by the activity.
3. the municipal councilor of the ward in which the site or alternative site is situated and any organisation of ratepayers that represent the community in the area.
4. the municipality which has jurisdiction in the area;
5. any organ of state having jurisdiction over any aspect of the activity.

In addition, any other individual or groups can register as an Interested and Affected Party. The Applicant/Developer or Environmental Assessment Practitioner/Consultant must open and maintain a register of names and addresses of: all persons who as a result of the basic public participation process have submitted written comments or attended meetings with the Applicant/Developer or Environmental Assessment Practitioner/Consultant; all persons who have completed, in writing, the relevant public participation process request form; and all organs of state with jurisdiction.

The person conducting the public participation must:

1. give notice of the Application to all interested and affected parties by fixing a notice board at a conspicuous place at the boundary or fence of the site (or an alternative site);
2. give written notice to the owners and occupiers of land adjacent to the site where the activity is to be undertaken (or any alternative site); the owners and occupiers within 100 metres of the boundary of the site who may be affected by the activity; the municipal councillor of the ward in which the site is located; the municipality and any organ of state which has jurisdiction.
3. place an advertisement in one local paper or any official Gazette that is published specifically for the purpose of providing public notice of Applications.
4. place an advertisement in at least one provincial newspaper or national newspaper if the activity may have an impact extending beyond the boundaries of the metropolitan area or local municipality.
5. open and maintain a register of interested and affected parties.
6. provide registered interested and affected parties with the opportunity to comment on all written submissions made to the Competent Authority.

The person conducting the public participation must ensure that information containing all relevant facts about the Application is made available to the Interested and Affected Parties and that the participation of Interested and Affected Parties is made easy so that they are provided with a reasonable opportunity to comment on the Application.

Submit your questions/objections in writing to the Consultant and send a copy to the Competent Authority informing the Competent Authority that you asked these questions at the meeting but the Consultant failed to answer you.

Always remember to keep a record of your questions/objections and correspondence to the Competent Authority and/or Environmental Assessment Pracitioner/Consultant.

Notify the Competent Authority, in writing, of the Environmental Assessment Practitioner/Consultant’s failure.

Always remember to keep a record of your questions/objections and correspondence to the Competent Authority and/or Environmental Assessment Pracitioner/Consultant.

If you feel that the municipality or the Applicant/Developer is attempting to block you from the process or is not properly communicating with Interested and Affected Parties about the project, go to the provincial authority with your concerns. If the provincial authority is unresponsive, contact the national Department of Environmental Affairs and Tourism.

Always remember to keep a record of your questions/objections and correspondence to the Competent Authority and/or Environmental Assessment Pracitioner/Consultant.

Notify the Competent Authority, in writing, with the specifics of the lack of notice.

Always remember to keep a record of your questions/objections and correspondence to the Competent Authority and/or Environmental Assessment Pracitioner/Consultant.

You are entitled to comment on the following reports:

1. Basic Assessment Reports;
2. Basic Assessment Reports amended upon Competent Authority‘s request and resubmitted;
3. Scoping Reports (including plan of study for EIA);
4. Scoping Reports amended upon Competent Authority’s request and resubmitted;
5. Environmental Impact Assessment Reports;
6. Draft Environmental Management Plans; and
7. any final report submitted by a specialist reviewer where the contents of that report include substantive information that has not been previously made available to the registered Interested and Affected Party.

Any written comments that you submit to the Environmental Assessment Practitioner/Consultant, within the specified/agreed/extended timeframes, must accompany the report when the report is submitted by the Environmental Assessment Practitioner/Consultant to the Competent Authority.

Always remember to keep a record of your questions/objections and correspondence to the Competent Authority and/or Environmental Assessment Practitioner/Consultant.

The Environmental Assessment Practitioner/Consultant or Applicant/Developer was required to notify you. Your property is adjacent to the site and, therefore, you are an Interested and Affected Party even if you didn’t register as one. If you were not given notification, contact the Competent Authority and inform it of the Applicant/Developer’s failure to comply with the public participation requirements of the regulations. You may also wish to contact the Applicant/Developer or Environmental Assessment Practitioner/Consultant and inform them that you wish to participate in the process and ask for any documents (i.e. Basic Assessment Report etc.) that have been produced. If the EIA process is still on-going, you can participate from now on. However, if the EIA process has been completed in your absence, you should determine if your rights have been violated and if you wish to proceed with a lawsuit.

If the Environmental Assessment Practitioner sent you the proper notices but you failed to receive them because you were out of the country, you can participate in the remainder of the process, if any. Otherwise you should attempt to contact the Competent Authority and see if they can assist you by making changes to the authorisation to reduce the impact on your property.

Notify the Competent Authority of your objection as soon as possible and explain the reasons for the lateness of your objection.

Always remember to keep a record of your questions/objections and correspondence to the Competent Authority and/or Environmental Assessment Practitioner/Consultant.