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

Regulations

National Exemption Regulations, 2014

6. Decision on application

 

(1) Subject to section 24M(4) of the Act, the Minister, Minister responsible for mineral resources or MEC, as case may be, may grant or refuse to grant an exemption.

 

(2) If an application for exemption is granted, the Minister, Minister responsible for mineral resources or MEC, as the case may be, must issue a written exemption notice to the person applying for exemption stating the—
(a) name, address and telephone number of the person to whom the exemption is granted;
(b) provision of the legislation from which exemption is granted;
(c) conditions subject to which exemption is granted, including conditions relating to the transfer of the written exemption notice; and
(d) period for which exemption is granted.

 

(3) After the Minister, Minister responsible for mineral resources or MEC has reached a decision on an application for exemption, the Minister, Minister responsible for mineral resources or MEC must, in writing and within eight calendar days—
(a) notify and make available to the applicant the decision on the application for exemption; and
(b) give written reasons for the decision.

 

(4) The applicant must in writing and within 12 calendar days of being notified of the decision, notify, using any of the communication methods set out in section 47D of the Act, any person that submitted comments, objections or oral submissions in relation to the exemption application of—
(a) the outcome of the application and the reasons for the decision; and
(b) draw the attention of any person that submitted comments, objections or oral submissions to the fact that an appeal may be lodged against the decision in terms of section 43 of the Act, if such appeal is available in the circumstances of the decision.