i UNIVERSITY OF THE WITWATERSRAND JOHANNESBURG FACULTY OF SCIENCES MSc RESEARCH REPORT June 2025 Name: Nthabiseng Pebetse Surname: Madiba Student number: 1079286 Degree: MSc in Environmental Sciences Research Topic: The role of practitioners in facilitating the public participation process: A review of EIA in renewable energy projects. Supervisor: Dr Ingrid Watson ii DECLARATION I Nthabiseng Pebetse Madiba, declare that this research is my own unaided and supervised work. It is submitted for the Master of Sciences in Environmental Sciences degree. All the sources that are used and quoted have been acknowledged through referencing. This work has not been submitted for any degree or examination at any other university. Candidate signature Date: 05/06/2025 iii ACKNOWLEDGMENT First, I wish to thank the Almighty God who granted me the capacity to complete this research report successfully. Then I want to express my sincere gratitude to the following people for their meaningful contribution to this research: My academic supervisor, Dr Ingrid Watson for her commitment, guidance leadership, support, and instrumental input throughout this study; without whose help this accomplishment would have been impossible. All the Environmental Assessment Practitioners who willingly volunteered their valuable time to be interviewed and contributed immensely to the findings of this study. My family for their undying emotional support. iv ABSTRACT The public participation process is a crucial part of Environmental Impact Assessment (EIA) in renewable energy projects. The role of Environmental Assessment Practitioners (EAPs) in ensuring that this process is carried out as mandated by environmental legislation is equally important. Globally there has been a significant increase in renewable energy projects to support the transition to a low carbon economy. The role played by EAPs and the associated challenges they face when conducting public participation in EIA, particularly in renewable energy projects, has recently been the subject of studies across the globe. The aim of this study was to assess the practice of public participation in South African renewable energy projects, and to explore the role of practitioners in facilitating this process. The methodology employed involved reviewing the documentation from four renewable energy projects, this included the environmental impact reports, public participation reports, and background information documents. Legislation, in particular, the National Environmental Management Act (NEMA), EIA regulations, and NEMA public participation guidelines were reviewed and studied. Furthermore, structured interviews were conducted with EAPs to address the study's objectives. Results indicated that the public participation guidelines and EIA regulations provide clear and concise requirements that EAPs should meet when conducting public participation. However, there is a key contention on the parts of the EIA regulation that give discretion to EAPs in some activities of the public participation process. The findings indicate that to a greater extent EAPs meet the requirements of public participation. EAPs also face some challenges that are unique to renewable energy projects such as lack of public knowledge, the dispersed nature of settlements in the location of renewable energy projects, and lack of public interest when it comes to the participation of Interested and Affected Parties (I&APs) in renewable energy projects. Also, the Covid-19 restrictions on public gathering had both negative and positive impacts on the public participation process. However, on the positive side these restrictions encouraged the use of social media apps and other internet platforms. v The conclusions indicates that the EIA regulations and public participation guidelines provide clear and concise requirements for public participation which are implementable and has led to EAPs being able to meet most of these requirements when conducting public participation. One of the key points of contention however was the discretion given to EAPs when it comes to certain practices in public participation. An example is the issue relating to language barriers, wherein minority groups were left out, because communication was only being made in Afrikaans and English. It is recommended that concerning the issue of discretion the regulation should be revised to determine the limitation of this discretion, for example when it comes to language barriers, a multilingual clause should be included in the regulation wherein it makes it mandatory for EAPs to make information available in the language of all registered I&APs to accommodate minority groups. It is further recommended that community engagement and education be promoted when it comes to renewable energy projects to minimise the disinterest of the community in participating due to misconceptions and lack of information. A change in practice is suggested to accommodate all those participating in meetings. As such translation and interpretation services should be offered to ensure meaningful discourse and contribution to decision making. It is suggested that future studies be employed to address some of the issues that emanated from this study, but where not thoroughly investigated, such as an investigation into the role of education coupled with awareness creation in changing the public’s attitude towards renewable energy projects. Additionally, an in-depth study maybe conducted that compares and contrasts the different practices and regulation approaches to public participation in renewable energy projects across different regions and contextual circumstances. vi TABLE OF CONTENTS ABSTRACT................................................................................................................................................ iv LIST OF TABLES ................................................................................................................................... viii LIST OF FIGURES ................................................................................................................................. viii LIST OF ACRONYMS .............................................................................................................................. ix 1. CHAPTER 1: INTRODUCTION ...................................................................................................... 1 1.1 Research aim and objectives ......................................................................................................... 3 1.2 Overview of the research report .................................................................................................... 4 2. CHAPTER 2: LITERATURE REVIEW ............................................................................................ 6 2.1. Public participation .......................................................................................................................... 7 2.2 Public participation in EIA ............................................................................................................ 10 2.3 The South African legislation and guidelines on public participation .............................. 12 2.4 Public participation in renewable energy projects ................................................................. 14 2.5 Renewable energy in South Africa ............................................................................................. 15 2.6 The Environmental Assessment Practitioner .......................................................................... 18 2.7 Challenges faced by EAPs in conducting public participation ........................................... 19 3. CHAPTER 3: METHODOLOGY .................................................................................................... 21 3.1 Review of legislation, guidelines and regulations .................................................................. 21 3.2. Assess the practice of public participation in renewable energy projects in South Africa. ........................................................................................................................................................ 23 3.3. Explore the challenges faced by practitioners in facilitating public participation ..... 27 3.4 Limitations......................................................................................................................................... 29 4. CHAPTER 4: RESULTS ................................................................................................................. 31 4.1 Objective 1: Legal requirement for public participation in South Africa ......................... 31 4.2 Objective 2: The practice of public participation in renewable energy projects in South Africa ............................................................................................................................................. 43 4.3 Objective 3: the challenges face by EAP in conducting public participation Discussion of results: ........................................................................................................................... 50 5. CHAPTER 5: DISCUSSION ........................................................................................................... 54 5.1 Social media as an additional tool for public participation ................................................. 55 5.2 Reasonable alternative methods ................................................................................................. 55 5.3 Strictly comply with minimum requirements ........................................................................... 56 5.4 Meaningful participation ................................................................................................................ 57 vii 5.5 The use of the public participation guidelines in the review of public participation reports ....................................................................................................................................................... 57 5.6 Public participation for renewable energy ................................................................................ 58 5.7 Interested and affected parties' perspectives on renewable energy ................................. 58 5.8 Public knowledge ............................................................................................................................ 59 5.9 Dispersed settlement ..................................................................................................................... 59 5.10 Lack of direct benefits ................................................................................................................. 60 5.11 Social community benefit, Perceived economic benefits .................................................. 61 6. CHAPTER 6: CONCLUSION AND RECOMMENDATIONS ..................................................... 63 7. REFERENCES ................................................................................................................................. 65 APPENDIX A: INTERVIEW QUESTIONNAIRE ................................................................................. 72 APPENDIX B: ETHICS CLEARANCE CERTIFICATE ...................................................................... 73 APPENDIX C: KWANA CASE STUDY DATA .................................................................................... 74 APPENDIX D: A 225MW SOLAR PLANT OF SEVERAL FARMS DATA..................................... 81 APPENDIX E: MERINO WIND FARM DATA ..................................................................................... 87 APPENDIX F: THE PROPOSED 100 MWAC PHOTOVOLTAIC SOLAR ENERGY FACILITY PAULPATS PV1 IN THE KHAI-MA LOCAL MUNICIPALITY DATA ............................................... 95 APPENDIX G: VERBATIM RESPONSES DERIVED FROM INTERVIEWS WITH PARTCIPANTS ....................................................................................................................................... 101 APPENDIX H: SOURCES FOR ALL THE FOUR (4) CASES ....................................................... 104 viii LIST OF TABLES Table 1. IAP2 spectrum of public participation ........................................................................... 9 Table 2. Details of the EIRs selected and analysed ..................................................................24 Table 3. Relevant details of the key informants interviewed for this research ...........................28 Table 4. Summary of elements of the public participation process in terms of NEMA EIA 107 1998, 2014 EIA regulations and the public participation guidelines ...........................................36 Table 5. The checklist developed based on table 4 in the results section. ................................42 LIST OF FIGURES Figure 1 Flow diagram indicating the process of public participation ............................ 35 ix LIST OF ACRONYMS BID Background Information Documents CA Competent Authority CSP Concentrated Solar Power CSIR Environmental Services South African Council of Scientific and Industrial Research Environmental Services DEADP Western Cape Department of Environmental Affairs and Development Planning DEA Department of Environmental Affairs DMRE Department of Mineral Resources and Energy EAP Environmental Assessment Practitioner EAPASA Environmental Assessment Practitioners Association of South Africa EIA Environmental Impact Assessment ESKOM Electrical Supply Commission GW Gigawatts I&APs Interested and Affected Parties IAPP International Association for Public Participation IPP Independent Power Producers MW Mega Watts NEMA National Environmental Management Act 107 of 1998 NQF National Quality Framework PV Photovoltaic REIPPP Renewable Energy Independent Power Producer Program 1 1. CHAPTER 1: INTRODUCTION Environmental Impact Assessment (EIA) is a consultative and systematic process used in decision-making to help identify and evaluate the probable environmental impacts or consequences of proposed developments and projects (Cashmore, 2004). EIA has led to more consideration of environmental issues and factors in decision-making, which has propelled the achievement of environmental protection and resource conservation (Cashmore, 2004). The prediction of environmental impacts aims to determine the degree of the identified positive and negative impacts on the environment (Glasson et al., 2012). Furthermore, another important role of EIA is the development of impact mitigation measures, this involves the development of measures to avoid, reduce, remedy, or compensate for any of the identified impacts on the environment (Glasson et al., 2012). EIA aims to determine the probable course of action, by aiding environmental decision- making and allowing public involvement in the assessment of the positive and negative impacts that are related to a proposed project (DEA& DP, 2015). Public participation in EIA aims to help ensure quality, comprehensive and effective EIA. A much more important role of public participation in EIA is to ensure that the public‘s views are sufficiently taken into consideration in decision-making processes (Glasson et al., 2012). A contextualized definition of the concept of public participation from the National Environmental Management Act 107 of 1998 (NEMA) public participation guidelines, states that public participation is “the process by which potential interested and affected parties are allowed to comment or raise their issues relevant to the application of an environmental impact assessment” (Department of Environmental Affairs, 2017). The process of public participation contributes to improved projects, better developments, and collaborative governance. Andre et al. (2004) further emphasizes that for public participation to be successful, it requires access to information and the consideration of its outcomes in decision-making. Moreover, public participation is an integral part and a fundamental principle of EIAs. In the context of EIAs, EAPs play a crucial role as the key implementers of public participation. The EAPs are central to the process, therefore how they conduct their role in facilitating the process is crucial for the success of the process. It is the responsibility 2 of the EAP to conduct public participation. In carrying out these roles, practitioners are sometimes faced with difficulties that may affect the success and meaningfulness of the process. The participation of interested and affected parties is plagued by difficult and multifaceted challenges, making it difficult for the EAPs to complete public participation successfully at times (Mahlangu, 2008). The process of public participation is supported by several international legal instruments, one of these instruments is Principle 10 of the Declaration of the United Nations Conference on Environment and Development, which highlights that environmental issues are best resolved through the participation of all parties affected, at all levels (United Nations, 1992). In its environmental legislation (NEMA) and its regulations (EIA regulations, 2014), South African law upholds the significance of public participation and encourages meaningful public consultation, before making decisions about the environmental authorisation of a proposed project (Sisilana, 2019). To help mitigate the impact of climate change, global carbon dioxide emission needs to be reduced (World Wildlife Fund, 2023). South Africa is facing a significant energy crisis (Bayliss, 2008). These factors propelled the energy shift from fossil fuel-based energy sources to renewable energy sources (Araujo, 2014). Renewable energy projects are a growing area of development, with large-scale projects underway (Araujo, 2014). These developments have different impacts on local communities such as noise, visual impacts, and loss of agricultural land. Therefore, it is important to allow the participation of the public being affected by renewable energy projects. A comprehensive and transparent public participation process is essential in EIAs of renewable energy projects (Omenge et al., 2019). The process offers an important platform for stakeholders in renewable energy projects to contribute to addressing the environmental issues and concerns that are related to renewable energy projects (Omenge et al., 2019). However, an analysis of stakeholder responses in a Kenyan study shows that public participation during the EIA process seldom supports decisions that protect the environment (Omenge et al., 2019), as such one wonders if this is also the case in the context of South Africa regarding renewable energy. 3 1.1 Research aim and objectives This research aims to assess the practice of public participation in South African renewable energy and projects and to explore the role of practitioners in facilitating the process. This will be achieved through the following objectives: a. Review legislation and guidelines to determine the requirements for public participation in environmental management and renewable energy in South Africa. b. Conduct a case study in renewable energy projects to understand the role of public participation in such projects. c. Explore the experiences of practitioners in facilitating public participation in renewable energy projects in South Africa. 4 1.2 Overview of the research report ✓ Chapter 1: Introduction This chapter provides a brief overview of the research. The research aims and objectives are articulated. ✓ Chapter 2: Literature Review A review of literature on public participation, EIAs, Renewable energy projects and environmental assessment practitioners. The following elements/ aspects were discussed with the support from existing literature, the definition of public participation in EIA, the South African legislation, guidelines on public participation, public participation in renewable energy projects, renewable energy in South Africa, the environmental assessment practitioners and as well as the challenge faced by EAPs in conducting public participation. ✓ Chapter 3: Methodology This section of the study discusses the research methods applied in the study. The overcharging research method is the qualitative research method, moreover the research methods used to address the three objectives of the study are discussed in detail, which include document reviews, case studies and interviews with EAPs. ✓ Chapter 4: Results The result section includes a flow diagram summarising the process of public participation in South Africa and data obtained from a table detailing the legislative and regulative requirements of public participation. A detailed discussion of the results obtained from cases is populated in the checklist, this addressed objective two. Finally, for objective three discussions of themes derived from the interviews with participant are included in this section. 5 ✓ Chapter 5: Discussions The discussion section provides a recap of the key study results, an interpretation of what the results mean and their implications concerning the research topic and a focus on providing an explanation and evaluation on the outcomes of the study and the way it correlated to the literature review. This section also includes a conclusion, stating the answers to the study’s research question, a reflective summary of the research process and an indication of the new knowledge that has been obtained throughout the course of the study. Recommendations were made on the improvements that practitioners could make to solve challenges and enhance better public participation process, recommendations for future studies and of the gaps left out or determined by the study as well as recommendations made to policymakers. ✓ Chapter 6. Conclusion and Recommendations A few recommendations are made about the findings of the study. Concerning the issue of discretion, the regulations should be revised to determine the limitations of this discretion, for example when it comes to languages the regulation should make it mandatory for EAPs to make information available in the languages that are spoken by all the I&APs so that no one is left out. In terms of public knowledge, more effort should be put into schools and other learning platforms to educate the public about renewable energies as well as their environmental impacts. The long-term social effects and economic benefits of these renewable energy projects should be discussed openly with the public to avoid negative perceptions and impacts on future renewable energy projects. Moreover, providing information in a variety of languages to accommodate even minority groups is important for ensuring inclusivity and encouraging active public engagement in public participation. 6 2. CHAPTER 2: LITERATURE REVIEW Public participation has increasingly become a key element of environmental decision- making of many environmental regulatory systems globally (Richards and Razzaque, 2006). Public participation occurs in different forms, such as through education, information dissemination, advisory or review boards, public advocacy, public hearings, and submissions (Richards and Razzaque, 2006). It is an important process that enables decision-makers to understand and identify public interest and concerns in decision- making, such as formulating and applying environmental policies. Moreover, the participation of the public may help enhance the accountability of project proponents and thus increase the likely acceptability of the decisions taken (such as environmental decisions). Public participation improves the substantial outcomes of the decision-making processes (Richards and Razzaque, 2006). Public participation refers to the various process mechanisms accessible to the public to indicate their needs and opinions, receive information, and provide input to and actively participate in environmental decision-making. It is important to recognize that the “public” is made up of different groups with different needs and opinions (Van Der Merwe, 2003). The process is based on the principle that the affected public has the right to be involved in the decision-making process of projects and developments that affect and interest them (International Association of Public Participation, 2018). It aims to ensure the consideration of the public in decision-making, through the application of different mechanisms. Conversely, certain approaches to public participation may be the cause of ineffective public participation. These include the deficiency in the provision of information or deliberate provision of inaccurate information, poor identification of internal and external stakeholder and the inability of practitioners and competent authorities in examining and implementing public views, concerns and issues in decisions (Kaku et al., 2022). The failure to disseminate adequate information to all stakeholders result in the lack of project transparency and thus negatively impact on the possibility of public buy in. Moreover, deficiency in the incorporation of public issues and concerns lead to communities being 7 frustrated, this further diminishes the honesty and integrity required for the public participation process within the EIA process. However, effective public participation requires that practitioners must inform and involve interested and affected parties. It further requires that the comments and inputs of affected parties should be explicitly addressed both in documentation and in decision- making. Effective public participation is achieved when all relevant parties are involved and represented, wherein access to relevant documents and information concerning the project is made available (International Institute for Sustainable Development, 2016). 2.1. Public participation The process has evolved and improved from when it was initiated in the early 1960s (Churchman, 2012). In its infant stage, the process was mostly applied to urban renewal projects in the United States, recently the process has however spread across the world, appearing in varying legislative requirements. Although the process has become somewhat popular, in some cases it is still met with some degree of scepticism, resistance, and even refusal (Churchman, 2012). The need for public participation in environmental management is recognized internationally (Sisilana, 2019). The consideration and involvement of the public in environmental decision-making on the international stage are reinforced by several international legal instruments and international agreements. Omenge et al., (2019) state that such legal instruments and international agreements include the Aarhus Convention, the United Nations Conference on Environment and Developments, the Convention on Environmental Impact Assessment in Trans-Boundary Context, the North America Agreement on Environmental Cooperation, Rio Declaration on Environment and Development and Agenda 21. The International Association for Public Participation describes the principal values of public participation to include the following: the public should have a voice in decisions concerning the actions affecting their lives, public participation must be inclusive of an assurance that public contribution will influence decisions, the process must communicate the interest and fulfil the process needs of all participants, the process must pursue and facilitate the involvement of all that are affected, it includes involving participants in 8 defining how they contribute, the process must provide the participants with the information required for them to partake in a meaningful manner and the public participation process must communicate with the participants regarding how their input affected decisions (Creighton, 2005). Public participation is a tool that enables impacted communities and other stakeholders to take part in decision-making in environmental management (Maphaga et al., 2022). Others view public participation as means to an end. For example, public participation can improve the quality of decision-making by providing decision-makers with additional and unique information and understanding of the local environmental conditions, as well as the public livelihood‘s connection with the physical environment (Maphanga et al., 2022). The EIAs have become a pre-emptive tool for the process of environmental management, the success of EIAs depends on the level of public participation or stakeholder involvement (Kaku et al., 2022). The process of public participation enables the sharing of user-friendly or understandable information, which contributes to fruitful environmental management (Kaku et al., 2022). Moreover, the involvement of the public in the process of environmental management helps eliminate the distrust that comes with having a predominance of experts within the process (La Berr et al., 2019). Nonetheless, when dealing with environmental issues, the involvement of the public is complicated and has inherent problems, that need to be embraced (Kaku et al.,2022), such issues include the elements of employment opportunities and socio-economic concerns, which take precedence over environmental issues and influences greatly the level of public interest and participation in EIAs (Kaku et al., 2022). Public participation occurs at different levels, this includes informing, consulting, involving, and collaborating with the public on developments and projects. The International Association for Public Participation has developed the IAP2 spectrum of public participation, which is illustrated in table 1 (IAAP, 2018). As it can be seen in this model, it is significant to note that public levels in the spectrum are not synonymous to steps, which means they can be applied independently depending on the context of the situation 9 that needs to be addressed. However, the further to the right on the spectrum, the more influence the community has over the decisions (IAPP, 2018). Table 1. IAP2 spectrum of public participation (International Association for Public Participation, 2024) Informing is a part of public participation that involves providing the public with balanced and objective information to enable them to understand the problems, alternatives, opportunities and solutions associated with a project or a development (International Association of Public Participation, 2018). Public consultation is based on obtaining public feedback on analysis, alternatives and decisions, including addressing any comments, issues and responses emanating from the public (International Association of Public Participation, 2018). Public involvement is the process of directly working with the public in all stages of the public participation process, with the intention of ensuring that Inform Consult Involve Collaboration Empower P ro m is e t o t h e p u b li c We will keep you informed We will keep you informed, listen to and acknowledge concerns and aspiration, and provide feedback on how public input influenced the decision We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision We will look to you for advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible We will implement what you decide P u b li c p a rt ic ip a ti o n g o a l To provide the public with balanced and objective information to assist them in understanding the problem, alternatives, opportunities and/ or solutions To obtain public feedback on analysis alternatives and/ or decisions To work directly with the public throughout the process to ensure that the public concerns and aspiration are consistently understood and considered To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution To place final decision making in the hands of the public 10 the public concerns and issues are consistently understood and considered. Collaboration is about partnering with the public in all aspects of the decision-making process, including the development of alternatives as well as the identification of a preferred solution. The final level of public participation which is empowering, is about placing the final decision making in the hands of the public (International Association of Public Participation, 2018).The aim of the spectrum is to help with selecting the appropriate level of public participation defining the public’s role in any specific community engagement activity. 2.2 Public participation in EIA EIA are a systematic and technical process, which endeavours to analyses projects to determine their potential environmental impacts, and the significance thereof as well as to propose measures to mitigate those impacts (Cashmore, 2004). One of the key elements to ensure best practices in EIA is to lessen conflicts through promoting public participation (Cashmore, 2004). It is a common consensus in the literature and legally that public participation is a primary part of EIA (Western Cape Government Environmental Affairs and Development Planning, 2015). Public participation is key in ensuring effective environmental assessments (DEADP, 2015). Public participation helps to makes sure that the potential environmental impacts of projects are communicated to the public and, where possible, public input may assist in the mitigation of these potential impacts (Aregbeshola et al., 2011). The key role players in public participation within EIAs include registered interested and affected parties (I&APs), EAPs, state departments, other organs of states, and the competent authority (CA) (RSA, 1998). The participants involved in public participation throughout the EIA process are often referred to as the ‘public’, ‘stakeholders’, and or ‘citizens’, these terms are often used interchangeably in literature (Glucker et al.,2013). There is an expansive agreement that the ‘public’ refers to anyone who in any manner is affected by or interested in a decision affecting their environment (Glucker et al., 2013). Public participation in EIA plays a role in providing a chance for all stakeholders, to attain clear, precise, and understandable information concerning the environmental impacts of a proposed project (Kanu et al., 2018). The process further aims to provide a prospect for 11 the role players to voice their support, concerns, and questions concerning the proposed project (DEA & DP, 2015). For that matter, public participation in EIA does not only offer an opportunity for the role players to raise concerns, but it also allows for these role players to make suggestions about the mitigation measures for the negative impacts and the enhancement of positive impacts (Kanu et al., 2018). The most compelling challenge of public participation is that every affected and interested party, may have a varying or preferred manner of communication. Such preferences cause language issues, representation issues, and problems with the types of communication technology that are used to disseminate information, this may hinder the progress of the EIA process (Aregbesola et al., 2011). In some cases, they may view their contribution to the process as time-consuming and unnecessary, because it may incur an immediate cost in terms of time and sometimes money (Omenge et al., 2019). Conflicts may arise between the developer and the public due to misunderstandings. In some cases, a lack of support from the public may cause delays in the project. In the context of Southern Africa, the process of public participation in EIAs is significant for ensuring that communities are awarded the opportunity to voice their concerns with regards to the decisions that affect their environment and livelihoods (Hartmann & Thornton, 2024). Amongst the key issues of contention is the lack of meaningful engagement and consultation with affected communities and individuals in the Southern Africa region (Mahomedy, 2019). In majority of the cases locals are not sufficiently informed about the proposed projects as well as the associated impacts on the environment and livelihoods (Mahomedy, 2019). This lack of information creates a situation where the communities cannot provide informed feedback and thus undermining the effectiveness of public participation. Moreover, the issue of limited access to culturally and linguistically appropriate information impedes the full participation of communities in the public participation process of EIAs, which perpetuates inequalities (Chebanne &Dlali, 2019). 12 2.3 The South African legislation and guidelines on public participation The environmental management policies and legislative framework in South Africa require that public participation be carried out throughout any proposed project. The initial legislation dealing with environmental issues was the Environmental Conservation Act no. 73 of 1989 which was repealed. The next legislation making the inclusion of public participation in South Africa is the NEMA, which is the cornerstone for environment governance in South Africa and is based on section 24 of the Bill of Rights. NEMA serves currently as the basic legal framework for all environmental protection and rights. It makes provision for extensive public participation in the EIA process. According to section, (2) (4) (f) of NEMA, participation of those interested in and affected by the impacts of a project on their environment, must be promoted in the environmental governance of such a project. Furthermore, the public must be allowed to develop the understanding, skills, and capacity needed to help achieve equal and effective participation, and participation of vulnerable and disadvantaged persons must be guaranteed. NEMA also requires that the environment is held in trust for the benefit of the people; that the environment must not be harmed and that it must be protected as the people’s common heritage. Section 24(A) (C) of NEMA supports public participation in EIA, by requiring that those responsible for facilitating public participation must comply with any stipulated regulations in terms of NEMA when conducting public consultation and information gathering during the public participation processes. The NEMA: Environmental Impact Assessment Regulations, 2014, Government Notice no. R.983 in Government Gazette No. 38282 Regulations 2014 provides public participation guidelines on how public participation should be facilitated. The enforcement of public participation as required by the principles of NEMA is outlined in these guidelines. These guidelines are intended to assist potential applicants, interested and affected parties, and the EAP to understand what is required of them during public participation in the context of EIAs. The South African requirements for public participation include the following: a notice must be made in local, provincial, or national newspapers, depending on the complexity 13 of the project (Department of Environmental Affairs: Public Participation Guidelines, 2017). For localised projects, notice must be made in the local newspaper over two columns. For complex projects and those spreading over provincial borders, notice must be served in a provincial or national newspaper (Department of Environmental Affairs, 2017). Additionally, the process requires that a background information document (BID) must be sent out to neighbours, known interested and affected parties. The local authority, other forms of local organization, and leadership structures within which the project is situated must also be informed. The BID is a document, with the purpose of providing a description of the proposed project activities, the environmental authorisation and the EIA process that are to be followed. Including a description of the role of interested and affected parties in the process (CSIR Environmental services, 1995). The objective of the BID is to ensure the provision of complete information by the project proponent and to ensure that key aspects of the EIA are being raised early in the process (CSIR Environmental services, 1995). Requirements for contact sessions are also prescribed. According to the Department of Environment Affairs (2017, p.6) an “opportunity to learn and discuss the project must be created”, using suitable methods or formats depending on the characteristics of the population group (or public) that needs to be addressed. In the context of South Africa, public participation in renewable energy projects is required during the application, scoping, and impact assessment phases (Department of Environmental Affairs, 2017). Although the South African legislation is clear on the steps that needs to be followed when conducting public participation, some studies have questioned its effectiveness. For public participation to be effective it need not to be a once-off event, but a sustained process, whose application covers problem identification, conception, formulation and approval (Murombo, 2008). However, it is noted that the public participation process intended in NEMA and Chapter 6 of the EIA regulations only end with the granting of authorisation, with the only option for the public to content such decisions through an appeal process (Murombo, 2008). This presents an essential defect because non-compliance to mitigating measures set out in EIR reports cannot be 14 monitored by the public. Thus, public participation in South African EIAs lacks ongoing engagement and monitoring (Murombo, 2008). Moreover, the clear establishment of definitions and guidelines provided in the public participation guidelines help to ensure inclusivity. On the other hand, the lack of provision for representation and capacity building in the legislation and EIA regulations, has constrained opportunities for providing training and support for affected communities, therefore, hampering their ability to participate meaningfully (Murombo.2008) 2.4 Public participation in renewable energy projects The goal of public participation in renewable energy, which is to reduce conflicts and enhance the understanding of renewable energy technology by public has not been yet achieved (Liu et al., 2018). The renewable energy sector just like other sectors requires community participation to ensure its effectiveness and efficiency (Nouri et al, 2022). The issues that are most prominent concerning public participation in renewable energy projects are public acceptance and public awareness (Liu et al., 2018). Considering that renewable energy sources are new in most communities, public participation in renewable energy projects requires awareness creation and public acceptance before the public participation process (Nouri et al., 2022). A lack of public awareness concerning renewable energy sources may lead to a loss of interest from the public to participate (Nouri et al., 2022, as seen in the IAP2 spectrum informing the public through creating awareness is an important part and key initial stage to a successful public participation process). An open and fair public participation process can perform a vital part in terms of forging acceptance of renewable energy projects, such as wind energy projects (Langer and Decker, 2016). Public participation in renewable energy projects plays a vital part in the development and expansion of renewable energy technology (Langer and Decker, 2017), through raising awareness about renewable energy technologies and their associated benefits and potential challenges. This will help increase public acceptance of renewable energies, reducing opposition and promoting a smoother transition to mixed energy economies reliant on renewable energy. However, public participation does not always guarantee the acceptance of certain types of renewable energies (Nouri et al., 2022). Empirical evidence 15 for analysing citizen’s approval of wind energy projects, especially when it concerns public participation remains limited (Liu et al., 2018). Furthermore, considering that renewable energy is new, in most parts of South Africa there is a lack of much needed knowledge and understanding of renewable energy technologies (Liu et al., 2018). The preference of informed public participation is crucial. One study suggests that the public should take part in an informative and deliberative participation process (Liu et al., 2018). Department of Environmental Affairs, (2013) indicates that early inclusion of the public in the process relating to renewable projects has been witnessed to encourage acceptance of proposed projects and augment the element of trust among stakeholders. 2.5 Renewable energy in South Africa Renewable energy refers to energy sources that come from a supply source that is continuously and naturally replenished over a relatively short period (Dale et al., 2015). It is generated using natural resources such as sunlight, wind, rain, ocean tides, biomass, geothermal heat, and waste and converting them to energy. Solar energy is generated using photovoltaic or concentrated solar power, wherein sunlight is converted into electricity. Wind energy is source of energy created using wind turbines. Geothermal energy is extracted from geothermal heat, which is created naturally by itself at approximately 6400km below the earth‘s core, where temperatures reach 5000 degrees Celsius (Garjan, 2017). Hydropower on the other hand is energy generated through harnessing energy from falling water or fast-running water, the flowing water creates energy that can be harnessed and turned into hydroelectricity (Garjan, 2017). Lastly, biomass energy is derived from feedstock (straw, wood, and animal wastes) to produce bioenergy, by burning feedstock directly to produce heat or power or be converted into biofuels (Garjan, 2017). Renewable energy sources are crucial as the support for energy supplies to the overwhelmed existing power-generating plants in South Africa (Bodunrin et al., 2021). Thus, renewable energy is significant in helping the country mitigate carbon dioxide emissions and allow the provision of reliable electricity to the public (Bodunrin et al., 2021). 16 The South African energy sector has been in a crisis, which has been ongoing since as early as 2007 and has become worse with time, more especially between the period 2022 and 2023, with the country experiencing rolling blackouts for almost two years (Reboredo and Carmody, 2024). These blackouts resulted from a combination of factors, which include discrepancies in generation capacity due to a lack of necessary maintenance of existing infrastructure, unplanned breakdowns, and continued failure to ensure the full operation of the Kusile and Medupi power station (Reboredo and Carmody, 2024). These led to the pursuit of renewable energy as an alternative energy source to help boost the energy supply within the country, to mitigate emissions and mitigate impact of climate change (Reboredo and Carmody, 2024). Renewable energy provides an energy alternative to the overwhelmed existing power generation infrastructure. The standing of renewables in the country is progressing at a reasonable pace. The country released a White Paper on Renewable Energy, detailing how it anticipated generating 10 kWh of energy through renewable energy sources (Akinbami et al., 2021). The white paper serves as the foundation for renewable energy technology development in South Africa (Akinbami et al., 2021). These renewable energy sources include biomass, wind, solar, and small-scale hydro (Department of Energy, 2015). Historically the use of biomass and waste represented the largest renewable energy sources in the country, however recently solar and wind energy sources have become dominant (Department of Energy, 2015). The Minister of the Department of Mineral Resources and Energy (DMRE) issued a section 34 of the Electricity Regulation Act No. 4 of 2006 determination (which enables the department to undertake procurement of additional electricity capacity in line with the integration resources plan) for the procurement of 11813 MW of renewable energy between 2022 to 2027, of which 6800MW is allocated to wind and solar photovoltaic (PV) (Terblanche and Radmore, 2023). The contribution of renewable energy technologies (wind, solar PV, and Concentrated Solar Power (CSP) into the energy mix in South Africa in 2022 increased to a total of 6.2 GW installed capacity and provided 7.3% of the total energy mix. Wind energy contributed 3, 4 GW, Solar PV contributed 2.3 GW and CSP contributed 0,5GW (Pierce and Le Roux, 2023) 17 One of the contributors to renewable energy in South Africa is the Renewable Energy Independent Power Production Programs (REIPPP). REIPPP is an action-based renewable power program that is aimed at improving power generation by using renewable energy sources at much cheaper costs. The program is based on a competitive model, wherein Independent Power Producers (IPPs) bid for the delivery of energy output from different renewable energy technologies at a specific price (Ayamolowo et al., 2022). Majority of the projects emanating from the REIPPP comprise PV projects located commonly in the Northern Cape, and a few spread out across the different provinces (Department of Energy, 2015). Wind energy projects commonly found in the Eastern Cape and Northern Cape also form part of most projects emanating from the REIPPP program (Department of Energy, 2015). In terms of interaction with the public and communities, the REIPPP contributes to the local community in the form of local community empowerment targets, this refers to the specific community initiatives that benefit communities. The economic targets of renewable energy projects include the promotion of local content, offering support to local business and community-based organization and setting up a community trust that will disburse 1% of the profits to the communities within 50-kilometer radius of the project (World Wildlife Fund, 2015). The IPPs (Independent Power Producers) provide a growing share of the country‘s electricity grid, they mostly operate wind and solar renewable energy facilities. Independent power producers refer to private entities, owning and operating facilities which produce electricity for sale to the state utility (ESKOM), central government buyers and end users. The sale of the generated energy is procured through the independent power producers (IPP) procurement programme, which is a South African government initiative, which offers the opportunity to private owned companies to compete for contracts to produce electricity for sale to the national utility. This forms a part of the REIPPP which is an initiative to increase electricity capacity through private sector investment in renewable energy sources. 18 However, research has found that the process of involving communities and the public in renewable energy projects, run by IPPs It highly fragmented, which leaves powerful stakeholders to flourish, whilst vulnerable community members suffer (Nkoana, 2018). In most cases, although renewable energy (solar and wind energy) is taken from its natural sources and monetized, local host communities barely receive much direct or indirect benefit from the exploitation of the energy resource (Sandham et al., 2019). Instead of host communities being empowered, they become susceptible to rent-seeking practices, including land grabbing, fraud and enticement, empty promises, and unfair reimbursement methods (Sandham et al., 2019). This thus, makes it imperative to improve the role of EAPs in public participation process of renewable energy projects in host communities, in order to help achieve social justice in the form of improved communication and equitable distribution of the project benefits (Sandham et al., 2019). 2.6 The Environmental Assessment Practitioner One important role player in public participation is the EAP. According to the Department of Environmental Affairs, (2017), the EAP is required to ensure that all I&APs participate fully in the environmental assessment process and contribute towards the outcomes of the EIA. For the EAP to practice professionally in EIA and public participation, they must be registered with the Environmental Assessment Practitioners Association of South Africa (EAPASA). According, to EAPSA an EAP must be in possession of a qualification relating to environmental assessment practice. This qualification must be awarded by a higher learning institution, with a program accredited by the South African Qualification Authority (SAQA) at a South African National Qualification Framework (NQF) level 8. Moreover, these should be coupled with a minimum of three years of appropriate experience and the completion of a minimum of three EIAs (Environmental Assessment Practitioners Association of South Africa, 2016). The EIA process in South Africa requires the project proponent or the applicant to employ an independent EAP that will be paid by the proponent, to aid the EIA process and to make submission of the environmental impact report to the competent authority for a decision. The competent authorities rely on the EAP to give accurate information and 19 decide on the information provided. It is therefore important for the EAP to stay independent from the project proponent although they are appointed and remunerated by the project proponent as required by NEMA. The project proponent is likewise responsible for making sure that the EAP is independent (Department of Environmental Affairs, 2017). The EAPs are required to conduct themselves in a professional manner when undertaking public participation process as part of EIAs. The conduct of EAPs in their stature as professionals is guided by the EAPASA rule book, which gives an outline of the procedures and rules as per the EAPASA constitution. Furthermore, regulations for registered EAPs concerning continuous professional development are contained in this rule book. The rule book moreover contains the code of ethical conduct to ensure ethical practice by all registered EAPs. Additionally, EAPASA core competencies which refers to the fundamental skills and knowledge that are mandatory for EAPs to efficiently and effectively conduct EIAs are a part of the tools used by EAPASA to access the professional readiness of EAPs. They include a set of structured questions that are used to demonstrate an EAP‘s proficiency in environmental assessment and management. Through the assessments of the suitability of an applicant to acquire the professional status of an EAP is determined. 2.7 Challenges faced by EAPs in conducting public participation EAPs often face challenges during the public participation process. The direction and success of public participation are dependent on the type of participants that it involves (Maphanga et al., 2022). The knowledge gap between stakeholders may create a gap in the way that public participation is conducted. Some of the participants may be well knowledgeable and contribute positively to the process, while others may fail to partake in the process due to varying factors such as being constrained from attending stakeholder meetings because they are committed to other responsibilities such as attending to long working hours. The need to secure current job security is much of a priority for such an individual as compared to the future benefits presented by the proposed project (Maphanga et al., 2022), meaning individuals I mostly not willing to take time out of their daily jobs to participate in consultation activities if they do not perceive some future incentive 20 In some cases, participants may not put forth their actual demands, owing to social relationships. In practice, some participants “state views and opinions that do not reflect their real attitude, and later change their minds” (Wessels, 2015, p.14). Thus, if true opinions are not identified, the effectiveness of the public participation process will be compromised (Wessels, 2015). Marginalised people, which include a group of people that are at the bottom of the social and economic ladder, lack impetus in terms of being able to participate and contribute to decisions, while they are the ones that are mostly affected by the impacts of the project. Public participation is often a formalized process that requires participants to go through documents (Maphanga et al., 2022). This thus puts the illiterate and marginalized, such as child-headed families, and people with multiple jobs in a place of disadvantage as they are unable to participate. 21 3. CHAPTER 3: METHODOLOGY A qualitative research approach was followed in this study, using semi-structured key informant interview questions, and case studies focused on public participation. This was done through a study of selected renewable energy project cases with a particular focus on the public participation process as conducted within their EIAs. Semi-structured interviews were conducted to understand the experiences of EAPs in facilitating public participation specifically in renewable energy projects. Furthermore, the method was selected to explore the perceptions of EAPs concerning the process of public participation, with the aim of getting a deeper analysis of the challenges faced by EAPs in facilitating public precipitation. Qualitative research methods are employed when one seeks to understand the perspective of selected participants on a particular phenomenon and to explore the meaning that is attached to a specific phenomenon by people, through an in-depth observation of such a phenomenon (Barkhuizen and Schutte, 2015). The key characteristic of qualitative research is that it is typically appropriate for application for small samples. Although the outcomes of qualitative research cannot be quantified, its advantage lies in the fact that it offers a complete description and analysis of a research subject, without putting a limit on the scope of the research and degree or level of participant ‘s responses (Langos,2014). Qualitative research methods afford the researcher with the opportunity to learn about other related elements to the key research topic, which would have otherwise been unknown to the researcher (Langos, 2014). 3.1 Review of legislation, guidelines and regulations 3.1.1 Data sources South African legislation, regulations, and guidelines related to EIA and public participation were reviewed. These included: the National Environmental Management Act 107 of 1998, the Public Participation Guidelines in terms of the National Environmental Management Act, of 1998, and Environmental Impact Assessment Regulations, 2014, Government Notice no. R.983 in Government Gazette No. 38282. NEMA is the primary legislation that governs environmental management in South Africa, it is supported by other legislation and creates the fundamental legal framework for 22 ensuring environmental protection in the country. The purpose of the 2014 EIA regulation is to regulate the procedure and criteria as contemplated in chapter five (5) of NEMA, it relates to the preparation, evaluation, submission, processing, and application of environmental authorization for the undertaking of project and development activities. It enforces project and development activities to be subjected to the EIA process, to prevent or to mitigate detrimental impacts on the environment and optimize positive impacts. The public participation guidelines are formed in connection with NEMA and EIA regulations, its provisions are not substitutes for provisions made in the legislation and regulations. The 2017 public participation guidelines were developed with the aim of assisting key role players in the EIA process to understand what is required of them and to equip them with the correct manner of comprehensively undertaking the public participation process. The purpose of this review was to identify specific requirements for public participation, through the review of the legislation, regulations, and guidelines to indicate the following: ✓ The purpose/aim of public participation. ✓ The point in the EIA process at which public participation should take place. ✓ The role players that should be involved in the planning and implementation of the process and the identification of who should participate. ✓ How public participation should be conducted. ✓ The engagement processes and methods to be followed and applied in public participation. ✓ How concerns and issues raised should be addressed and dealt with, as well as an outline of the required documents that should be kept 3.1.2 Data analysis Legislation and guidelines were reviewed to determine the requirement for public participation in environmental management in South Africa: The review was conducted by reading through the documents, to identify public participation requirements, process and methods and process activities. The purpose of the review was to critically evaluate EIR to identify gaps, inconsistencies and areas of further investigation in the practice of public participation in these selected EIA cases. Following the review, a flow diagram describing the steps in conducting public 23 participation in EIA was developed. Furthermore, the requirements for public participation in EIA were tabulated indicating the name of the legislation, the associated specific requirements for public participation contained in that legislation, who is responsible for making sure that these requirements are met, and a description of who would do what action and when it should be done, the outcome was a checklist as seen in Table 5, that was applied for each of the case studies. The items of this checklist (Table 5) were used as a framework to address objective 2. 3.2. Assess the practice of public participation in renewable energy projects in South Africa. A review of four selected case studies was conducted, wherein the checklist developed in objective one was used as a framework to analyse the public participation activities of each case. 3.2.1 Data sources A total of four EIAs for recent renewable energy projects and the associated public participation reports and comment and response register were sourced and studied. The documents were sourced from the websites of the consulting companies that carried out the public participation process. The selection of EIAs for review was based on the following criteria: ✓ Location within the Northern Cape Province – the review of EIAs is a provincial competency and therefore EIAs from within the same province were reviewed. Many renewable energy projects are based in the Northern Cape. ✓ The EIAs were on solar or wind energy, as these are the most prevalent renewable energy projects in South Africa. ✓ The selected EIAs were conducted using the most recent EIA Regulations (2014). ✓ The projects were selected based on easy access and availability of information. The EIA documents were published and made available online, and with completed documentation. Four case studies were selected and conducted to help develop an in-depth analysis on the practice of public participation in renewable energy projects, using four cases allowed for comparative analysis which enabled the identification of patterns, contrast and 24 anomalies across the different context of each case study. Furthermore, four case studies are used for cross-comparison amongst the cases without becoming unmanageable. A list of EIAs for renewable energy projects located in the Northern Cape Province since 2014 was compiled. Those that meet the above criteria were selected. The selection was done randomly from a total of fifteen EIAs that met the selection criteria. Table 2. Details of the EIRs selected and analysed Case study – project name Type of project Project location Kwana Solar PV facility Solar photovoltaic Ubuntu local municipality, Pixley Ka Seme District Municipality, Northern Cape Proposed Development of a 225MW Solar PV Plant on Several Portions of Farms in the Hanover District Solar photovoltaic Portions of Farms in the Hanover District, Emthanni Local Municipality, Pixley Ka Seme District Municipality, Northern Cape Proposed development Merino wind farm Wind farm Ubuntu local municipality Pixley Ka Seme District Municipality The proposed development of 100 MWAC Photovoltaic solar energy facility Paulputs PV1 Solar Photovoltaic Kwai-Ma municipality, Northern Cape ✓ Case Study 1: Kwana Solar PV facility The Kwana solar PV facility is a commercial renewable energy project that was proposed by Great Karoo Renewable Energy (Pty) Ltd. This project is a commercial photovoltaic facility and its associated infrastructure. The project is in the Ubuntu local municipality, within the Northern Cape Province. This is at a site which is approximately 35 Km southwest of Richmond and 80 Km southeast of Victoria West. The selected location or project site extends to 29909 ha; however, the actual development area is 571 ha. The proposed project was expected to have the capacity to produce 100MW of power. This project forms a part of a large band of projects that will be undertaken in this area, which are constructed to provide renewable energy sources that will contribute to the REIIPP program. The EIA process for the Kwana solar photovoltaic facility project was carried out and conducted by Savannah Environmental. Savannah Environmental as the EAP for this 25 project conducted the public participation. This case study is based on the public participation aspect of the EIA and how this process is being carried out by the EAP. ✓ Case 2: A 225MW solar PV plant on several portions’ farms in the Hanover District The project involved the construction of solar panels in three (3) separate, but integrated facilities, which are estimated to produce 75 MW each, combined the three solar panels will produce 225 MW of power. The project covers a land area of approximately 187 ha per solar facility and a total land area of 448ha for all the projects combined. Additionally, an onsite substation forms part of the project infrastructure, this substation is necessary to help feed the power generated into the national grid. The three solar facilities are interconnected and are intended to feed power into this substation that is linked to an existing ESKOM 400KV or 132KV overhead power line. Furthermore, the facility will include areas that are used for security management, a control room, maintenance storerooms, an office, and changing facilities. The project proponent is Seventy South Africa which appointed Ecologies environmental consultants as its EAP to conduct and obtain environmental authorization of this project and conduct public participation. ✓ Case 3: Proposed development of Merino wind farm The project proponent is the Karoo renewable energy, the proposed project involved the development of a commercial wind farm and as well as associated infrastructure. The wind farm is located about 35km southwest of Richmond and 80km southeast of Victoria West, within the Ubuntu local Municipality under the jurisdiction of Pixley Ka Seme District municipality in the Northern Cape. The wind farm is expected to have power capacity of up to a 140 MW. This project forms part of a cluster of renewable energy projects. The wind farm is independent to be bid under the REIPPP, with the aim of feeding the power generated into the national grid. The project will cover a land area of up to 6463ha. Savannah Environmental was appointed as the EAP, also responsible for conducting the public participation process. In summary the public participation process in this case involved the capturing and recording of comments in comments respond report, focus 26 group meetings were conducted, with government officials, a radio live was done on RSG radio to notify the public of the availability of documents for review. Furthermore, the reports were made available on Savannah Environmental website. ✓ Case 4: Proposed 100 MWAC photovoltaic solar energy facility Paulputs PV1 The Paulputs PV1 is a 100 MWAC photovoltaic solar energy, the project proponent was Judi Renewable Energies (Pty) (Ltd). The project proponent appointed Gaea Enviro (Pty) (Ltd) as the EAP. The solar PV facility will be connected to the ESKOM 220/132 kilo volts (KV) Paulputs main transmission substation. The project covered a land area of 200 hectares; it is located within the Khaki-Ma local municipality of the Northern Cape. The proposed project was expected to have the capacity to produced 300 MW of power. The public participation process was based on the requirements stipulated in the regulations; in summary the public participation process included a pre- application period meeting with the DEA. A site visit was also organised with different government departments, agencies and parastatals to the Paulputs PV1 site. All EIA related documents were uploaded on the project website for the purpose of public review and access to information. The languages of communication were English and Afrikaans. 3.2.2 Data analysis To assess the practice of public participation in renewable energy projects in South Africa, the checklist outlining the legal requirements from objective 1, was applied to each case study. The checklist was used to collect data through document analysis, wherein the reviewed data on public participation requirements, process, methods and activities were checked against the comprehensive statements on the checklist derived from a combined study of the legislation, regulations and public participation guidelines. Data was categorized according to the checklist items. Patterns, similarities and compliance to regulations, legislations and public participation guidelines in the cases were identified by using the checklist items as a framework. The findings were reported highlighting key themes, patterns and implication for public participation compliance in the selected case studies. 27 3.3. Explore the challenges faced by practitioners in facilitating public participation 3.3.1 Data sources Key informant interviews were conducted with ten environmental assessment practitioners and/or practitioners responsible for public participation. EAPs that have been involved in conducting public participation in EIAs of renewable energy, particularly solar and wind energy were selected through snowball sampling. Contact was made with those EAPs that conducted the EIAs to be reviewed. They were asked to recommend other EAPs that have been involved in EIAs for renewable energy projects. This was continued until ten EAPs were identified and interviewed. Table 3 provides the details of the EAPs that participated in the interviews. Overall, they have extensive experience in conducting EIAs with some having completed EIAs in the renewable energy sector. These practitioners were therefore able to provide useful insights into the practice of being an EAP in South Africa. The purpose of these interviews was to better understand the practice of public participation, the challenges faced, and issues particular to renewable energy projects. The semi-structured, key informant interviews were recorded and kept as recordings. The interviews were conducted online using different online methods (Teams and Zoom meetings) available. The issue of time and resource constraints was one of the factors considered in choosing ten (10) EAPs, interviewing ten (10) EAPs was strategic in that it allowed feasibility and alignment with the research scope. Furthermore, interviewing ten EAPs allowed for exploration of EAPs with a broader range of experiences and roles, which help to enhance the credibility of findings in this study. Also, the small number helped to ensure that each interview was thoroughly analysed and interpreted. The EAPs that were selected for the interview, had conducted the public participation process in the renewable energy projects. The interviews were held for approximately 30 minutes to one hour, they took place online and were recorded. Ethics clearance was obtained from the Wits Human Research Ethics Committee (Non-medical) to conduct the study, see ethics certificate in Appendix D. 28 Table 3. Relevant details of the key informants interviewed for this research The above table indicates the population sample for the study and answers the first question of objective 3. The data as seen in this table indicates that most of the participants have a vast amount of experience as EAPs, and even so in conducting EIAs as the indicated by the number of EIAs completed by each participant. However, there is a hint of a lack of experience when it comes to conducting EIAs in renewable energy projects. This may be because renewable energy projects are fairly a new industry in South Africa. Some of the participants in the study are EAPs working on the reviewing side of the public participation process as representatives of the competent authority. Although they are not carrying out the bulk implementation of the requirements of the public participation process as per the regulation, these EAPs offer a unique perspective on the flip side of how this same requirement are used as baselines against which compliance is determined. This is done in the process of reviewing the public participation reports submitted by the EAPs (mostly consultants) whose role is to ensure implementation of the public participation requirements. Participant Years experience as an EAP Number of EIAs completed Number of EIAs completed in renewable energy projects 1 More than 20 years 20 EIAs Several EIAs in renewable energy projects (not specified) 2 5 years 10 EIAs None 3 16 years More than 20 EIAs 3 renewable energy projects 4 9 years 400 EIAs (reviewed, no EIAs completed) None 5 9 years More 30 EIAs 5 renewable energy projects 6 19 years Several EIAs (not specified) None (only theoretical knowledge of renewable energy projects) 7 19 years 16 EIAs 2 renewable energy projects (Currently working on 3 more renewable energy projects) 8 5 years 10 EIAs 3 renewable energy projects 9 3 years 7 EIAs None 10 2 years 5 EIAs 2 renewable energy projects 29 3.3.2 Data analysis The responses from the interviews of the EAPs were used to evaluate and determine the challenges that are faced by EAPs in facilitating public participation. Data analysis in this study was done using coding and theme content analysis; in which the data obtained was coded into several categories from which fitting themes were formed. These themes were ordered and classified in a tabular format, in which the verbal data obtained from interviews with the participants was classified under each theme verbatim and unedited. Conclusions and recommendations were made, as informed by the summarized data. The findings from all the objectives were combined to identify the gaps in public participation, and the challenges that are unique to public participation in renewable energy projects. As well as the identified key issues and findings around meeting public participation requirements in renewable energy projects. 3.4 Limitations There are several possible limitations to this research, which may result in the findings not being broadly applicable across South Africa. These relate to the number and selection of case studies, the location of these and the analysis of the data. Four case studies were selected, although this is a small number, an attempt has been made to obtain a diversity of case studies, with regards to technology employed, consultants used and location within the Northern Cape. It was necessary to limited case studies to a single province to eliminate any issues related to the Competent Authority (the Provincial Department responsible for environmental affairs). Furthermore, the study was conducted in only one province, which creates a small or limited sample size, this may prevent appropriate representation of the issues of public participation in renewable energy projects. Moreover, the unique socio-economic and environmental factors within the province of study will influence the result of the study, this thus results in limiting the applicability of the study learnings in other locations with varying conditions. The study applied coding and theme content analysis of the responds obtained from interviews with EAPs, the is a possibility of miscoding participants' responses, that comes with the use of qualitative research methods, which may indicate that the researcher was biased with a drive to twist participant responses to achieve personal goals. Therefore, 30 repeatedly listening and replaying the audios of the recorded interviews was a crucial element of this study that helped in reducing biases and increasingly the accuracy of the data presentation. The in-depth nature of the case study method can lead to researcher bias, wherein the researcher‘s perspective and interpretation may influence the outcomes of the study (Zaidi and Ross, 2019), in this case four cases were reviewed which had varying and similar details, remaining objectives when processing case study data was important part of the study to ensure that, what was truly observed is what is contained in the case documents, whose availability and access is made known in this report by providing links. Since well the EIAs were conducted by consultants that are hired by the project proponent, there may biases in terms of the information contained within the reports. Moreover, EIA is mainly intended to meet regulatory requirements, this limited the alignment of the data contained therewith the research objective of the case study. 31 4. CHAPTER 4: RESULTS The results for the study of public participation in renewable energy projects are presented below. For the first objective information obtained from reviewing legislation, guidelines and EIA regulation was presented in a flow diagram giving a summarised view of the public participation process, a table with detailed descriptive data on requirements, process, responsibilities, methods and the activities associated with public participation., from which checklist was developed. The checklist was applied to each of the selected cases that were studied to address objective 2, here a checklist was marked with comments based on the findings obtained from the cases. Moreover, data obtained from interviews with EAPs was discussed in terms of determining the practices of EAPs in the public participation process and the challenges faced by these EAPs. Below the findings are discussed in detail to help address each objective of the study and its overarching aim. 4.1 Objective 1: Legal requirement for public participation in South Africa The key requirements of the legislation are summarised below. A table indicating a summary of elements of public participation process in terms of NEMA EIA 107 of 1998, 2014 EIA regulations and the public participation guidelines is included. Based on this a checklist of requirements was developed and applied to the four case studies. A flow diagram describing the requirements for conducting public participation as entailed in the reviewed documents is also provided. The general requirements for conducting public participation in EIAs in South Africa include making a notice (inviting interested and affected parties), establishing a register of interested and affected parties, making an invitation for and holding public participation meetings, offering interested and affected parties the opportunity to make comments and record those comments in a comment and respond register. These comments and responses must further be recorded in the public participation report and where possible influence the decisions made in the project plans. Results based on case studies are tabulated and marked against a checklist, which includes some comments. Results based on interviews with EAPs are tabulated and grouped into themes and verbatim responses as obtained from participants. Application of the checklist (table 5) to the case studies gives a view that practical implementation of the public participation requirements, has been successful in most of these cases. 32 According, to the flow diagram below (figure 1), it is determined that regulation, and guidelines (namely NEMA, EIA regulations, and the public participation process guidelines), provide a clear indication of what is required in terms of carrying out public participation in EIA and as well as how the practitioner should conduct public participation within the EIA process. The requirements as outlined in the public participation guidelines are particularly clear and concise, making it easy to follow and to carry out. It is also important to note that most parts of the above flow diagram were derived from the public participation guidelines because the guidelines give a clearer and detailed description as well as an outline of what must be done during public participation. The flow diagram (figure 1) indicates the main activities that should be considered when conducting public participation, these activities are highlighted in grey in the flow diagram and they include: making a notice to interested affected parties, establishing a register of interested and affected parties, making an invitation to and holding public meetings, affording interested and affected parties the opportunity make comments on plans and reports and recording these comments in comments and respond register. As well as ensuring that these comments reflect in reports and plans. Outlining the key aspects of public participation within these guidelines and regulations serves to simplify the process for practitioners, by enabling them to establish a public participation plan with a clear starting and ending point. Thus, helping to foster legal compliance and effective public participation. In the case studies section although it is not obvious most of the elements of the flow diagram (figure 1) were pursued, however community empowerment proved to be lacking in all the case studies. For the key parts that are particularly extensive, the EIA regulations and the public participation guidelines give a detailed description of how that task should be carried out. For instance, in terms of notices, it is elaborated in the reviewed documents (as per contents of the checklist in table 5) that three types of notice platforms should be used, which are notice boards, newspaper advertisements, and written notices. Furthermore, the methods of giving notice are so elaborate and yet simplified to the extent that they specify the nitty-gritty of exactly how each of these should be done. For example, these documents detail how the notices should be structured (even specifying the size of the 33 notice board and the location of the notice boards), the type of interested and affected parties that are entitled to receive written notices, and as well as the type of newspaper (either a local or provincial newspaper), even going as further as specifying the size of the advertisement in that newspaper. This of course makes the requirements of public participation in South African legislation unambiguous, which in turn should make the application of these requirements a less strenuous task for practitioners. In terms of conducting public meetings, there is no specification on where and when meetings should be held (meaning that this lies at the discretion of the EAP), which can be a gap in terms of whether public participation meetings reach all those that are affected or impacted. However, in terms of public engagements meetings, the requirements does specify the type of information that should be shared by the EAP in these meetings specifically alluding to the background information document. This background information document is required to be shared with attendees in the meetings as part of the public participation process. Moreover, the public participation guideline and the EIA regulation go further in guiding the practitioner through the public participation process. This is done by making provisions or guidelines for dealing with special circumstances, such as dealing with issues of illiteracy, language barriers, and disability. This legal documentation makes it clear that provisions must be made by the practitioner to accommodate the public through making information understandable for illiterate groups and making information easily accessible for the disabled and those that are disadvantaged in any form. Based on this it can be understood that the requirements for public participation in South Africa, take measures to ensure that there is inclusivity in public participation. This is stipulated in the reviewed legal documents in an easily implementable manner, given that they give the practitioner (EAP) the discretion to choose the specific methods to be used to ensure that this inclusivity quest is implemented, with the approval of such methods by the competent authority. To continue addressing objective one, which is to “Review legislation and guidelines to determine the requirements for public participation in environmental management and renewable energy in South Africa”, more focus was given to the specific pieces of 34 legislation and regulation that make specific requirements for public participation in EIA, this information was organized in a tabular format. This table aims to provide the requirements for public participation in EIAs in South Africa. The data in the table was extracted from NEMA 107 of 1998, the EIA regulations, and the public participation guidelines. As already mentioned, in attempting to address objective one (1), the specific pieces of the legislation and regulation that make mention of the requirements for public participation in EIA are tabulated in the first column of the table. The second column of the table specifies the specific requirement that is stipulated by the piece of legislation in column one. The third row specifies the individual who is legally responsible for making sure that the requirements stated in column two are met. Finally, the last column details how the requirements should be implemented as well as when exactly this requirement should be implemented during the public participation process. 35 Figure 1. Flow diagram indicating the process of public participation Inform Consult Involve Collaborate Empower This is not provided for clearly in the South African legislation and regulation on public participation 36 Table 4. Summary of elements of the public participation process in terms of NEMA EIA 107 1998, 2014 EIA regulations and the public participation guidelines Purpose Requirement Responsibility Reference Public participation time frames -Public participation should be not conducted during the period of 15 December to 5 January., but at any time outside of this restricted period -the EAP is responsible for ensuring that the public participation process is conducted outside of the restricted period. NEMA 107 of 1998 Chapter 2 section 3 - The public participation process must be conducted for at least a period of 30 days. -The EAP during this period is responsible for engaging the public as per the regulations and as guided by the public participation guidelines. NEMA EIA regulations 2014 section 40(1)(b) - 30-day comments and review period for consultation with the public and organs of states - similarly, the EAP facilitates this process, moreover organs of states have the responsibility to make comments and raise any issues within the 30-day comment and review period, as such I&APs are not mandated but their participation is crucial. NEMA EIA regulation 2014 40(1)(b) - the competent authority must acknowledge the receipt of application with 10 days from submission - The competent authority is responsible for the review of reports submitted. - I&APs parties have the right to make comments within the given 30-day time frame NEMA EIA 2014 Chapter 3 (6) Methods of public engagement -provide access to all information that reasonably has or may have the potential to influence any decision about an application unless access to that information is protected by law. -The EAP provide the competent authority with information that has implications on the application -the project proponent should the EAP with all information that influence the application even if not favourable to the application -the EAP must make such information available to all interested and affected parties NEMA EIA regulai-os 2014(10)(c) NEMA EIA regulai-os 2014 (12)(b) NEMA EIA regulations section 13(f) 37 Purpose Requirement Responsibility Reference - Consultation with all state organs and competent authority. The EAP is responsible for initiating and continuing consultation with the competent authority, state department and I&APs NEMA EIA regulation 2014 section 40 (2) -Fixing a notice board next to the project sites and accessible to the public (boundary, on the fence, or along the corridor), the notice board must be 60 cm by 42cm The EAP NEMA EIA regulations section 41 (a) -Placing an advertisement in at least one local newspaper or national newspaper, official gazette The EAP NEMA EIA regulai-os section 41(c) -Using reasonable alternative methods, as agreed to by the competent authority, in those instances where a person is desirous of, but unable to participate in the process due to illiteracy, disability, and another disadvantage. The EAP NEMA EIA regulai-os 2014 section 41 (e) - Giving a written notice, in any of the manners provided for in section 47 D of the Act The EAP NEMA EIA regulations 2014 section 41 (b) -making use of alternative methods agreed with the competent authority to accommodate the illiterate, disabled and other disadvantage groups The EAP NEMA EIA regulai-os 2014 section 41 (e) Who should be involved -interested and affected parties (including landowners and adjacent landowners) - I&APs are responsible for registering as interested and affected parties. -raising their consent issues -making comments on reports and other plans NEMA EIA regulations 2014 of section41 -the competent authority - the competent authority is responsible for commenting as requested by the applicant within the required time frames -consult with other organs of state that administer law relating to matters relevant to the environment NEMA EIA regulations 2014- chapter 3 section 7 (1) 38 Purpose Requirement Responsibility Reference -manage the process for environmental authorization in a cooperative government- manner - The project must appoint an independent EAP and provide them with the necessary information for them to carryout public participation. -The proponent must appoint an EAP - Take all reasonable steps to verify that the EAP and specialist comply with the EIA regulations - provide the EAP with access to all information concerning the application. THE EIA NEMA regulation 2014- chapter 3 section 12 (b) - state departments administering law relating to the matter when it comes to the environment - state departments must be consulted and make comments based on the consultation NEMA EIA regulations 2014 section 40 (b) -all organs of the state which have jurisdiction over the activity applied for -must be consulted and make comments based on the consultation NEMA EIA regulai-os 2014 section 40 (2) (c) How I& APs issues and concerns are addressed -all potential or registered interested and affected parties as well as the competent authority are entitled for at least 30 days to submit comments on all reports - the EAP provide the opportunity to make comments to all stakeholders involved - The I&APs and the competent authority are responsible for making comments on these reports. NEMA EIA regulations 2014 section 3 - interested and affected parties are entitled to bring their issues deemed by that party to be of significance to the attention of the proponent or applicant -the EAP is responsible for creating the platform for I&APs to raise their issues NEMA EIA regulations 2014 section 43 (1) - in raising issues and comments the interested and affected party must disclose any direct business, financial, personal, or other interests that may influence their refusal or approval of the application -The interested and affected parties are responsible for declaring conflict of interest NEMA EIA regulation 2014 section 43(1) 39 Purpose Requirement Responsibility Reference - the applicant must ensure that the comments and issues of interested and affected parties are recorded in reports and plans The EAP NEMA EIA regulations 2014 section 44 (1) the comments and responses as of meetings must be attached to the reports and plans submitted to the competent authority in terms of these regulations The EAP THE NEMA EIA regulations 2014 section 44 (1) - registered interested and affected parties are entitled to comment on reports and plans in writing that are submitted to them The EAP - The applicant must notify all interested and affected parties of the decision taken on the application (complete refusal or granting of environmental authorization), within 14 days The EAP THE NEMA EIA regulations chapter 2 section (4) - Potential interested and affected parties must be given reasonable opportunity to comment on the proposed application The EAP NEMA EIA regulation 43 (1) - The proponent or applicant must ensure the opening and maintenance of a register of interested and affected parties - With written request to the proponent all persons must have their added in a register (including) -the EAP NEMA EIA regulations 2014 section 44 (1) -NEMA EIA regulations 2014 section 42(b) - The register must be submitted to the competent authority The EAP NEMA EIA regulations 2014 section 42 40 The South African environmental legislation makes sufficient provision for what is required legally in terms of public participation in South Africa. The National Environmental Management NEMA: EIA Regulation, 2014 acts as the key piece of legislation in the country that accounts for public participation requirements, particularly chapter 6 of the EIA regulations. The requirements as outlined in the table are detailed, they specify what practitioners need to do to fulfil the legal requirement for public participation in EIAs. The EAPs are one of the key role players in the implementation of the stipulated requirements from the EIA regulations pertaining to the public participation process. Most of the requirements are dedicated to being completed by the EAP who is responsible for conducting public the participation process in EIAs. The EAPs have the primary responsibility for conducting public participation in EIAs. They are responsible for performing and carrying out the key activities that make the essence of the public participation process. They are further urged by the law to consider any applicable guidelines for public participation. One can deduce from the above table that the successful implementation of most, if not all the requirements of the public participation process is heavily reliant on the EAPs and how well they understand and practice the stipulated requirements. However, it is also important to note that though the EAPs are at the forefront of and the custodians of public participation in EIA, they are not the only role players. As shown in the above table there are other equally important role players, which affect the outcomes of the public participation process. These role players include the competent authority, other organs of state, and the I&APs. The cooperation and co