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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations in Terms of Chapter 5 of the National Environmental Management Act, 1998

Chapter 3 : Applications for Environmental Authorisations

Part 1 : General matters

19. Disqualification of EAPs

 

1) If the competent authority at any stage of considering an application has reason to believe that the EAP managing an application may not be independent in respect of the application, the competent authority must—
a) notify the EAP of the reasons for the belief; and
b) afford the EAP an opportunity to make representations to the competent authority regarding his or her independence, in writing.

 

2) If, after considering the matter, the competent authority is unconvinced of the independence of the EAP, the competent authority must in writing, inform the EAP and the applicant accordingly and may—
a) refuse to accept any further reports or input from the EAP in respect of the application in question;
b) request the applicant to commission, at own cost, an external review by an independent person of any reports prepared or processes conducted by the EAP in connection with the application;
c) request the applicant to appoint, at own cost, another EAP—
i) to redo any specific aspects of the work done by the previous EAP in connection with the application; and
ii) to complete any unfinished work in connection with the application; or
d) request the applicant to take such action as the competent authority requires to remedy the effects of the lack of independence of the EAP on the application.

 

3) If the application has reached a stage where a register of interested and affected parties has been opened in terms of regulation 57, the applicant must inform all registered interested and affected parties of any decisions taken by the competent authority in terms of subregulation (2).