The Environmental Audit, Assessment and Review Regulations, 2000

PART D: ACCEPTANCE OF DOCUMENTS AND PUBLIC PARTICIPATION

Notices of Acceptance

10. (1) The Authority or the appropriate authorising agency shall issue a notice of acceptance to an operator or proponent in respect of an EA, IEE, EIA, CMP or summary submitted by that operator or proponent if, in the opinion of the Authority or the authorising agency, the document in question conforms with the requirements of these Regulations and any relevant guidelines issued by the Authority.

(2) A notice of acceptance constitutes confirmation by the Authority or the appropriate authorising agency, that the document to which it refers is acceptable to the Authority and will be made public and evaluated for the purposes of deciding whether or not to grant an environmental compliance certificate.

(3) Irrespective of whether or not a notice of acceptance has been issued in respect of any document concerning an undertaking or project, the Authority may, at any time, by notice in writing, require the operator or proponent to furnish the Authority with further information which the Authority considers to be necessary or desirable to enable it to make a properly informed decision as to whether or not to issue, suspend or cancel an environmental compliance certificate.

Public Reviews

11. (1) Immediately after the Authority has issued a notice of acceptance in respect of an IEE or EIA and the accompanying CMP, or a summary of any of these documents, and has received any additional copies of these documents requested from the proponent, the Authority shall concurrently -
(a) distribute copies of these documents to concerned and affected ministries, local authorities, parastatals, non-governmental organizations and any other persons;
(b) display conspicuously such copies in public places or such other places in the vicinity of the site of the proposed project; and
(c) advertise the public review -
   (i) in the Government Gazette;
   (ii) on the Swaziland Broadcasting Service; and
   (iii) in a newspaper circulating in Swaziland twice a week and for two consecutive weeks, specifying the place and the times where copies may be available for inspection, inviting objections, comments or submissions from interested and affected persons, specifying the procedure for the submission of comments and objections and the date on which the public review period will terminate in accordance with sub-regulation (2).

(2) The period for public review of the reports mentioned in the sub-regulation (1) shall be calculated from the date of the last notification in the newspaper and subject to sub-regulation (3), shall not be less than
(a) fifteen (15) days for category 2 projects; and
(b) twenty (20) days for category 3 projects.

(3) The Authority may extend a public review period for a period of not more than ten (10) days where the Authority considers it necessary because of the sensitive nature of a project.

(4) Where the Authority believes a project is likely to have significant impacts on the environment of a neighbouring country or that country so requests the Authority shall forward the relevant reports and documents to that country at the same time the reports or documents are made available for public review in Swaziland.

(5) The Authority shall immediately after receipt of objections, comments or submissions:
(a) acknowledge receipt of all written objections, comments or submissions; and
(b) send a copy of the objections, comments or submissions to the proponent and the authorising agency.

(6) The Authority shall, at the expiration of the public review periods specified under sub-regulations (3) review the comments or submissions and in accordance with regulation 12, determine within five (5) days whether or not to hold a public hearing.

(7) The Authority shall not, if so requested by a person who submitted a written comment or an objection, disclose or make public the personal information or data of that person.

(8) The proponent shall be responsible for all expenses incurred including expenses for the preparation of an IEE, EIA reports and the CMP and shall provide sufficient copies during all review procedures.

Public Hearings

12. (1) The Authority shall hold a public hearing, where -
(a) after examining the IEE and/or EIA report and accompanying CMP for the proposed project, it is of the opinion that the project is of such a sensitive or significant nature that the public should have the opportunity to make submissions or comments at a public hearing; or
(b) the public concern over the project is great and the number of written and substantiated objections exceeds ten (10).

(2) The Authority shall, where a public hearing is to be held -
(a) publish a notice, at least once a week for two (2) consecutive weeks, in a newspaper circulating in Swaziland, stating the date and place where the public hearing is to be held at least fifteen (15) days before the public hearing is held and the expenses in respect of the publication of the notice shall be borne by the proponent;
(b) display and make available for inspection and copying in public or other places in the vicinity of the proposed project, all reports, documents, written comments and objections during and after the period of public review until the public hearing is finalised; and
(c) call upon any party who has an interest in the outcome of the public hearing, including the project proponent, the authorising agency, the commenting agency and any other person, to attend the public hearing or solicit in writing comments from other government agencies or offices with expertise or regulatory power over the proposed project.

(3) A public hearing provided for under sub-regulation (1) shall be held within twenty-five (25) days after compliance with sub-regulation (2), by the Authority, but where the Authority is of the opinion that the number and complexity of the issues to be considered at the hearing requires additional time for preparation by any party to the public hearing, it may extend by ten (10) days the date of the public hearing.

Appointment of Officers for Public Hearings

13. (1) The Authority shall appoint a tribunal to conduct the public hearing of not less than three (3) and not more than five (5) persons, the majority of whom shall be persons holding professional qualifications in Environmental Management, Sociology, Economics, Engineering or Law and one of whom shall be the chairperson.

(2) Subject to sub-regulation (3), an appointment made under these regulations shall be for a specific and determinable period of time, commensurate with and coextensive with the duration of a public hearing which duration may be determined by the complexity of the issues to be heard and which, in any event, shall not exceed two (2) months.

(3) The Authority shall not, under these regulations, in any event appoint a person to be a hearing officer for a period of time exceeding two (2) months in any one appointment and no person shall be lawfully or deemed for whatever reason or fact to be appointed in contravention of this sub-regulation

Findings of Public Hearings

14. (1) The Chairperson of the public hearing shall make and deliver within fifteen (15) days after that public hearing a report approved by all the appointed hearing officers who participated in the public hearing, of its findings to the Authority for its determination.

(2) Te Authority, shall make the report of the public hearing available for public inspection for a period of not less than twenty (20) days, and shall advertise details of where and when it may be inspected and copied, in accordance with regulation 11(1)(c).