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National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 8 : General Matters

Part 2 : Consultative process

56. Consultation

 

(1) Before exercising a power which, in terms this Act, must be exercised in accordance with this section and section 57, the Minister or MEC must follow such consultative process as may be appropriate in the circumstances.

 

(2) When conducting the consultations contemplated in subsection (1), the Minister must—
(a) consult all Cabinet members whose areas of responsibility will be affected by the exercise of the power;
(b) in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution, consult the MEC responsible for air quality in each province that will be affected by the exercise of the power; and
(c) allow public participation in the process in accordance with section 57.

 

(3) When conducting the consultations contemplated in subsection (1), the MEC must—
(a) consult all members of the Executive Council whose areas of responsibility will be affected by the exercise of the power;
(b) in accordance with the principles of co-operative 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 power; and
(c) allow public participation in the process in accordance with section 57.