Laws and regulations

The core environmental process

The Constitution, section 24 and section 33

Everyone has the right to an environment that is not harmful to their health or well-being, and the right to just administrative action that is lawful, reasonable and procedurally fair.

What this means for you: These rights are the foundation. They are why the public must be given a fair chance to comment before a decision, and why a decision must be lawful and reasonable.

National Environmental Management Act (NEMA), Act 107 of 1998

The framework environmental law. It sets out the environmental principles (including sustainable development and public participation) and requires environmental authorisation for certain listed activities before they may start.

What this means for you: This is the main law behind most development applications here. It is why a proposal has to be assessed and why you get to comment.

The EIA Regulations 2014 and the Listing Notices (as amended)

The detailed rules for how an application is assessed, either a Basic Assessment or a full Scoping and Environmental Impact Assessment, and how the public participation process must run. The Listing Notices (1, 2 and 3) say which activities need authorisation.

What this means for you: These set the process, the documents, and the comment periods. When an application says it triggers a listed activity, this is what it means.

Section 24G of NEMA (rectification)

A process to apply for authorisation after an activity has already been unlawfully started or completed, known as post facto or rectification. It carries an administrative fine and does not guarantee approval.

What this means for you: When you see a 'Section 24(G)' application, it means the work was done first and approval is being sought afterwards.

Protecting the environment

National Environmental Management: Integrated Coastal Management Act, Act 24 of 2008

Manages the coast and estuaries, including the coastal protection zone and estuarine areas. Development near the coast or an estuary can trigger its requirements.

What this means for you: Very relevant here, because much of our area is on or near the Kromme River Estuary and the coast.

National Environmental Management: Biodiversity Act, Act 10 of 2004

Protects biodiversity, including threatened ecosystems and species, and informs Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) mapped in provincial plans.

What this means for you: When an application mentions a CBA, ESA or a listed species, this is the law and the plans behind it.

National Water Act, Act 36 of 1998

Regulates the use of water and work in or near watercourses and wetlands. Certain water uses need their own authorisation.

What this means for you: Building near a river, wetland or the estuary edge can require a separate water use authorisation, on top of the environmental one.

National Heritage Resources Act, Act 25 of 1999

Protects heritage resources, including archaeology and palaeontology. Section 38 can require a heritage assessment, and the heritage authority (SAHRA, or ECPHRA in the Eastern Cape) must be consulted.

What this means for you: This is why some applications need a heritage or palaeontology study before a decision.

Land use and planning

Spatial Planning and Land Use Management Act (SPLUMA), Act 16 of 2013, and the municipal land use scheme

Governs zoning and land use. A property is zoned for certain uses; other uses (for example tourism accommodation on agricultural land) may need a separate consent use or rezoning from the municipality.

What this means for you: Environmental approval is not the same as land use approval. A development may still need a separate municipal land use decision.

Local government and municipal processes

The Constitution, sections 152, 160 and 195

Local government must encourage the involvement of communities in its affairs, a municipal council makes and administers by-laws for its area, and public administration must be accountable and encourage the public to participate in policy-making.

What this means for you: This is why a municipality such as Kouga has to give you a real chance to comment before it passes a by-law or adopts a plan.

Local Government: Municipal Systems Act, Act 32 of 2000

Requires every municipality to develop a culture of community participation and sets out how the public must be consulted on the Integrated Development Plan (IDP), the budget, by-laws and major decisions. Chapter 4 deals specifically with community participation.

What this means for you: This is the main law behind Kouga's public participation processes, from by-laws to the IDP and spatial planning.

Local Government: Municipal Structures Act, Act 117 of 1998

Provides for ward committees and other structures through which residents take part in municipal decisions.

What this means for you: Your ward committee is one of the formal channels for raising local issues, alongside a written comment.

Local Government: Municipal Finance Management Act (MFMA), Act 56 of 2003

Governs municipal budgets and finances, and requires the public to be consulted on the annual budget and related plans.

What this means for you: It is why the municipal budget and IDP are put out for comment each year.

Spatial Development Frameworks and land use schemes under SPLUMA and the Municipal Systems Act

A Spatial Development Framework (SDF) sets the long-term vision for how land in the municipality should be used and developed. It is adopted through a public participation process and guides later land use decisions.

What this means for you: When Kouga reviews its SDF or land use scheme, this is your chance to shape the bigger picture, not just a single application.

Your rights and your information

Promotion of Administrative Justice Act (PAJA), Act 3 of 2000

Gives effect to the right to just administrative action. It provides for procedural fairness, the right to written reasons for a decision, and the right to take a decision on review.

What this means for you: This underpins your right to be heard, to reasons, and to challenge a decision that is unfair or unlawful.

Promotion of Access to Information Act (PAIA), Act 2 of 2000

Gives you the right to request access to information held by the state and, in some cases, by private bodies.

What this means for you: It is a route to obtain documents or information you need to participate properly.

Protection of Personal Information Act (POPIA), Act 4 of 2013

Governs how personal information must be collected, used and protected.

What this means for you: It is why your details are handled carefully and used only for your submission. See our privacy notice.

Who decides

For environmental authorisations in the Eastern Cape, the competent authority is usually the Department of Economic Development, Environmental Affairs and Tourism (DEDEAT). The application is prepared and run by an independent environmental assessment practitioner (EAP), who compiles the public comments for the authority to consider.

For municipal processes, such as by-laws, spatial development frameworks and management plans, the decision is taken by the Kouga Local Municipality council after a public participation process. Comments are submitted to the municipality or the responsible department.