National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)Chapter 4 : Declaration of Protected AreasPart 5 : Consultation process33. Public participation |
| (a) | publish the intention to issue a notice contemplated in section 31 or 32, in the Gazette and in at least two national newspapers distributed in the area in which the affected area is situated; and |
| (b) | if it is proposed to declare any private land as a protected environment, send a copy of the proposed notice by registered post to the last known postal address of each owner of land within the area to be declared, and inform in an appropriate manner any other person whose rights in such land may materially and adversely be affected by such declaration. |
| (2) | The publication contemplated in subsection (1) must— |
| (a) | invite members of the public and the person referred to in subsection (1)(b), if applicable, to submit to the Minister or MEC written representations on or objections to the proposed notice within 60 days from the date of publication in the Gazette; and |
| (b) | contain sufficient information to enable members of the public to submit meaningful representations or objections, and must include a clear indication of the area that will be affected by the declaration. |
| (3) | The Minister or MEC may in appropriate circumstances allow any interested person to present oral representations or objections to the Minister or the MEC, or to a person designated by the Minister or MEC, but such representations or objections must be allowed where the proposed notice will affect the rights or interests of a local community. |
| (4) | The Minister or MEC must give due consideration to all representations or objections received or presented before publishing the relevant notice. |