Acts Online
GT Shield

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

Chapter 8 : General Matters

Part 3 : Exemptions and appeals

76. Decisions on applications for exemption

 

(1) The Minister, Minister responsible for mineral resources or the MEC, as the case may be, may—

[Words preceding section 76(1)(a) substituted by section 81(a) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023

(a) grant an exemption from the application of a provision of this Act; or
(b) refuse to grant such exemption.

 

(2) Sections 48 and 49(2) to (6), inclusive, apply with the changes required by the context to the consideration of applications for exemptions.

 

(3) If an application is granted, the Minister, Minister responsible for mineral resources or MEC, as the case may be, must issue a written exemption notice to the applicant stating—

[Words preceding section 76(3)(a) substituted by section 81(b) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023

(a) the name, address and telephone number of the person to whom the exemption is granted;
(b) the provision of this Act from which exemption is granted;
(c) the conditions subject to which the exemption is granted, if the exemption is granted subject to conditions; and
(d) the period for which exemption is granted, if the exemption is granted for a period.

 

(4) The Minister, Minister responsible for mineral resources or the MEC, as the case may be, may by notice in the Gazette exempt an organ of state from a provision of this Act if—

[Words preceding section 76(4)(a) substituted by section 81(c) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023

(a) the provision, but for the definition of "person" contained in section (1), clearly should not apply to an organ of state;
(b) the exemption would not defeat the objects of this Act; and
(c) it is in the public interest to grant the exemption.