Climate Change Act, 2024 (Act No. 22 of 2024)

Chapter 6 : General Matters and Transitional Arrangements

Purchase

(1)

Before exercising a function or power in terms of section 17(1), 19, 20, 21(2), 21(3), 22(1)(b), 22(1)(c), 23(1), 24(1), 24(4), 25(1), 25(2), 25(3), 25(7), 25(9), 25(10), 26(1), 26(2), 26(5), 26(6), 27(1), 27(7), 27(8), 27(9), 28, 29(3) or 30, the Minister, MEC or mayor, as the case may be, must follow such consultative processes as may be appropriate in the circumstances.

(2)	When conducting a consultation contemplated in subsection (1), the Minister must—

(a)	consult all Cabinet members whose areas of responsibility will be affected by the exercise of the function or power; and

(b)	in accordance with the principles of cooperative governance as set out in Chapter 3 of the Constitution, consult the MEC in each province that will be affected by the exercise of the power.

(3)	When conducting a consultation contemplated in subsection (1), an MEC must—

(a)	consult all members of the Executive Council whose areas of responsibility will be affected by the exercise of the function or power; and

(b)	in accordance with the principles of cooperative governance as set out in Chapter 3 of the Constitution, consult the Minister and all other national organs of state that will be affected by the exercise of the function or power.

(4)	In respect of the carbon budgets issued in terms of section 27, the Minister must follow a fair procedure prior to the issue of the carbon budget including consultation with the person to whom a carbon budget is allocated.

(5)	When conducting a consultation contemplated in subsection (1), a mayor must follow such consultative processes in accordance with the principles of cooperative governance as set out in Chapter 3 of the Constitution.