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National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Chapter 8 : Administration of Act

Part 2 : Consultation process

99. Consultation

 

(1) Before exercising a power which, in terms of a provision of this Act, must be exercised in accordance with this section and section 100, the Minister must follow an appropriate consultative process in the circumstances.

 

(2) The Minister must, in terms of subsection (1)—
(a) consult all Cabinet members whose areas of responsibility may be affected by the exercise of the power;
(b) in accordance with the principles of co-operative governance set out in Chapter 3 of the Constitution, consult the MEC for Environmental Affairs of each province that may be affected by the exercise of the power; and
(c) allow public participation in the process in accordance with section 100.