THE ROLE PLAYERS AND THEIR RESPONSIBILITIES

The four Role Players involved in an Environmental Impact Assessment process are: the Applicant/Developer (the person that wants to undertake a listed activity and therefore has to obtain Environmental Authorisation from the Competent Authority); the Competent Authority (based on the outcome of an Environmental Impact Assessment will either grant or refuse the requested Environmental Authorisation); the Environmental Assessment Practitioner (an independent person appointed by the Applicant to manage the Environmental Impact Assessment process on behalf of the Applicant); and Interested and Affected Parties/the Public (who have the right to participate in the Environmental Impact Assessment process and comment on the Application).

These four role-players have the following roles and responsibilities during the Environmental Impact Assessment process:

Applicant:
  • Must appoint an Environmental Assessment Practitioner to manage the Application;
  • Must provide the Environmental Assessment Practitioner with access to all available information relevant to the Application;
  • Must provide the Environmental Assessment Practitioner and Competent Authority with access to all the relevant information;
  • Must provide the Environmental Assessment Practitioner with truthful and accurate information relevant to the proposed identified activity; and
  • Must pay any costs or fees applicable to the Application.
Environmental Assessment Practitioner (EAP):
  • Must ascertain whether the Basic Assessment or Scoping and EIA Application process should be followed;
  • Must act independently of the Applicant/Developer;
  • Must be objective in undertaking the work;
  • Must have appropriate expertise in conducting Environmental Impact Assessments;
  • Must disclose any information that may affect the decision of the Competent Authority;
  • Must take any relevant national and / or provincial guidelines into consideration; and
  • Must manage the Application process, by —
    • giving notice, in writing, of the proposed activity to any organ of state with jurisdiction in respect of any aspect of the activity
    • compiling the relevant reports
    • submitting required documentation to the Competent Authority
    • if applicable, amending reports and or providing additional information upon the Competent Authority's request
    • notifying Interested and Affected Parties of the Competent Authority's decision and Appeal provisions
    • conducting at least the basic public participation —
      • arrange the required public participation activities
      • provide adequate time for public participation
      • provide Interested and Affected Parties with information that will enable them to participate
      • keep a register of Interested and Affected Parties and record their inputs
      • consider all objections and representations received from Interested and Affected Parties
      • provide Interested and Affected Parties with an opportunity to comment on all reports
Public / Interested And Affected Parties (I&AP) :
  • May participate in the Application process;
  • May comment on any written communication submitted to the Competent Authority;
  • Must comment within the specified /agreed timeframes;
  • Must send copies of any comments to the Applicant/Environmental Assessment Practitioner if submitted directly to Competent Authority;
  • Must disclose any interest they have in the Application being granted or refused; and
  • May Appeal a final decision.
Competent Authority (CA):
  • Must make decisions on Applications for Environmental Authorisations in accordance with the EIA Regulations;
  • Must comply with the specified timeframes;
  • Must give access to information that may be relevant to the Application;
  • Must enter into written agreements with organs of state with jurisdiction;
  • May pass national and/or provincial guidelines;
  • May adopt an Environmental Management Framework;
  • Must request additional information or that further studies be conducted if necessary;
  • Must make decisions in an open and transparent manner;
  • Must notify Applicant/Developer of decsion, conditions and Appeal provisions;
  • Must give written reasons for decisions;
  • Must, if applicable consider and respond to Appeals;
  • May WithdrawAmend or Suspend an Environmental Authorisation; and
  • Must give reasonable assistance to a person who is unable to participate as a result of illiteracy, disability or any other disadvantage.