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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 5 : Exemptions from Provisions of these Regulations

53. Consideration of applications

 

1) On receipt of an application in terms of regulation 51, the competent authority—
a) must consider whether the granting or refusal of the application is likely to adversely affect the rights or interests of other parties; and
b) may for that purpose request the applicant to furnish additional information.

 

2) In addition to complying with subregulation (1), the competent authority may advise the applicant of any matter that may prejudice the success of the application.

 

3) The competent authority must promptly decide the application if the rights or interests of other parties are not likely to be adversely affected by the proposed exemption.

 

4) If the rights or interests of other parties are likely to be adversely affected by the proposed exemption, the competent authority must, before deciding the application, request the applicant—
a) to conduct at least a public participation process as set out in regulation 56, or any aspect of such process;
b) to open and maintain a register of all interested and affected parties in respect of the application in accordance with regulation 57; and
c) to submit any comments received from interested and affected parties following such public participation process, to the competent authority.