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

Chapter 8 : General Matters

Part 2 : Consultative process

57. Public participation

 

(1) Before exercising a power which, in terms of this Act, must be exercised in accordance with this section, the Minister or MEC must give notice of the proposed exercise of the relevant power—

(a)        in the Gazette; and

(b) in at least one newspaper distributed nationally or, if the exercise of the power will affect only a specific area, in at least one newspaper distributed in that area.

 

(2)        The notice must—

(a) invite members of the public to submit to the Minister or MEC, within 30 days of publication of the notice in the Gazette, written representations on or objections to the proposed exercise of the power; and
(b) contain sufficient information to enable members of the public to submit meaningful representations or objections.

 

(3) The Minister or MEC may in appropriate circumstances allow any interested person or community to present oral representations or objections to the Minister or MEC, or a person designated by the Minister or MEC.

 

(4) The Minister or MEC must give due consideration to all representations or objections received or presented before exercising the power concerned.