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National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Chapter 8 : General Matters

Part 2 : Consultative process

72. Consultation

 

(1) Before exercising a power which, in terms of this Act, must be exercised in accordance with this section and section 73, the Minister or MEC must follow such consultative process as may be appropriate in the circumstances.

 

(2) When conducting the consultations contemplated in subsection (1), the Minister must—
(a) consult all Cabinet members whose areas of responsibility will be affected by the exercise of the powers;
(b) in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution and subject to the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), consult the MEC responsible for waste management in each province that will be affected by the exercise of the power; and
(c) conduct a public participation process in accordance with section 73.

 

(3) When conducting the consultations contemplated in subsection (1), the MEC must—
(a) consult all members of the Executive Council whose areas of responsibility will be affected by the exercise of the powers;
(b) in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution and subject to the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), consult the Minister and all other national organs of state that will be affected by the exercise of the power; and
(c) conduct a public participation process in accordance with section 73.