(a) The Department of Environmental Affairs did not approve the environmental impact assessment in this instance, as it is not the Competent Authority for this type of activity/ies under the current regulatory regime. If the application was lodged under the 2014 Environmental Impact Assessment Regulations, the application may have been processed and approved by the Department of Mineral Resources, in which case the Department of Environmental Affairs would become the appeal authority.
(b) Given that the Department of Environmental Affairs was not the issuing authority in this instance, it cannot comment on “whether the principle of public participation has been applied to give the surrounding communities a chance to voice their opinions and input and assist the executive in making the decision”. However, the surrounding communities may appeal a decision granted by the Competent Authority to the Minister of Environmental Affairs if they are dissatisfied with
(i) the decision that was “approved”, alternatively, (ii) the lack of, or dissatisfaction with, the public participation process.
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