1. Consultation with interested and affected parties under section 74(4)(a) of the MPRDA must be adequate, appropriate and meaningful, not merely formal. It requires genuine engagement with all affected parties, including small-scale fishers and indigenous communities. 2. A consultation process that deliberately excludes affected communities by deeming them "not directly affected" without proper investigation, and that uses methods inaccessible to the poor, illiterate, and non-English/Afrikaans speakers, violates the obligation to consult and the constitutional right to equality under section 9 of the Constitution. 3. The audi alteram partem principle requires that parties be afforded a fair hearing and opportunity to respond before determinations are made about their interests. 4. Proper consultation is integral to determining whether a proposed activity will cause unacceptable environmental harm under section 75(1)(c) of the MPRDA, and a permit granted without such consultation may be procedurally unfair and unlawful. 5. The Minister cannot lawfully grant a reconnaissance permit where consultation requirements have not been met, as this would prevent proper assessment of environmental impacts. 6. In the balance of convenience for interim interdicts, harm to constitutional rights (equality, food security, livelihood, cultural rights) of vulnerable communities cannot be quantified or weighed against commercial interests and financial losses of private companies. 7. The precautionary principle applies where there is scientific uncertainty about environmental harm, particularly to marine ecosystems. 8. An internal appeal remedy is not an adequate alternative remedy where the harm will be irreversible by the time the appeal is decided.