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Over the past few years the process of decision-making has changed. The previous position was that a one-off decision was made. For this purpose all possible research into aspects that could affect the environment had to be done and all possible bigger and smaller potential impacts anticipated. This was collected in one thick application and was ruled on finally. The process has now became an incremental decision-making process. It typically has four phases. The first phase is the preparatory work leading up to a decision whether a project should in principle be allowed or not. The second phase builds on the first phase, requires more research and focuses on establishing the broad conceptual framework for the implementation of the project. The third phase builds on the second phase, requires and enormous amount of detail and has as its aim a detailed implementation and management programme. The fourth stage focuses on monitoring and control in order to ensure that the environmental aims and objectives are achieved that were identified in the course of the planning process. This approach, based on the typical business planning and management strategic approach allows a continuous evaluation and re-evaluation of all components of the project.
The Constitution also relies on the principle of subsidiarity which means that decisions should preferably be devolved to the lowest level that can deal with an application effectively. Decisions should therefore rather be on a local government level than on a provincial level unless it will only be effective if the provincial authorities make the decision. The same applies to decision of the relationship between the province and central government. Generally speaking, the objective of integrated environmental management (NEMA) includes the integration of the principles of environmental management into all decisions which may have a significant effect on the environment. NEMA also requires that the principles set out in section 2 be applied in decision-making. These principles include for example what should be done to achieve sustainable development. In the White Paper on the conservation and sustainable use of South Africa's biological diversity, Government undertakes to ensure that decisions regarding consequences of threatening processes or activities on ecological functions and processes be taken upon the best applicable knowledge available (Objective 1.1 ). The Convention requires that biodiversity considerations be integrated into national decision-making (Goal 2 ). Biodiversity is often adversely affected by planning and development decisions and actions. Decision-making must avoid impacts, minimize risks and mitigate adverse impacts where possible (Land-use planning and Environmental Assessment ). Government will have to ensure that the costs of environmental impacts of the mining industry are not passed over to the community. It will require, among other things, an increased public involvement to ensure pro-active and informed decision-making (White Paper Minerals and Mining Policy for South Africa). The Department of Minerals and Energy (DME), in consultation with the relevant State Departments, will develop procedures that will provide for decision-making (Government Policy, Minerals & Mining Policy). During decision-making, a risk-averse and cautious approach that recognizes the limits of current environmental management expertise will be adopted. Public should participate in the decision-making process. The decision-making process shall provide for the right to appeal. Clear guidelines on the process and sequence of events for implementation of environmental management procedures and decision-making will be provided.
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