According to Section (2)(4)(f) and (o) of the National Environmental Management Act (NEMA), Act No. 107 of 1998:
– the participation of all interested and affected parties (I&APs) in environmental governance must be promoted and all people must have the opportunity to develop the understanding, skills and capacity necessary for achieving equitable and effective participation, and participation by vulnerable and disadvantaged persons must be ensured, and
– the environment is held in public trust for the people, the beneficial use of environmental resources must serve the public interest and the environment must be protected as the people’s common heritage.
In order to give effect to the above sections, it is essential to ensure that there is adequate and appropriate opportunity for public participation (PP) in decisions that may affect the environment. Section 24(1A) (c) of the NEMA allows for this participation by requiring that the person conducting PP comply with any regulated procedure related to public consultation and information gathering through the public participation process (PPP).
Further to this, the NEMA requires that the person conducting a PPP must take into account any relevant guidelines applicable to PP as contemplated in section 24J of the NEMA. The guideline has been developed in order to assist the proponents or applicants, registered interested and affected parties (RI&APs) and environmental assessment practitioners (EAPs) to understand what is required of them and how to comprehensively undertake a PPP.
The guideline is a revised version of the PP guideline that was published in 2010. It provides information and guidance for proponents or applicants, RI&APs, competent authorities and EAPs on the PP requirements of the Act. It further provides information on the characteristics of a vigorous and inclusive PPP.