Compliance Legislation Pack
R 1125.00
National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 9 : Administration of Act and Specific Environmental Management Acts47A. Regulations, legal documents and steps valid under certain circumstances |
| (1) | A regulation or notice, or an authorisation, permit or other document, made or issued in terms of this Act or a specific environmental management Act— |
| (a) | but which does not comply with any procedural requirement of the relevant Act, is nevertheless valid if the non-compliance is not material and does not prejudice any person; |
| (b) | may be amended or replaced without following a procedural requirement of the relevant Act if— |
| (i) | the purpose is to correct an error; and |
| (ii) | the correction does not change the rights and duties of any person materially. |
| (2) | The failure to take any steps in terms of this Act or a specific environmental management Act as a prerequisite for any decision or action does not invalidate the decision or action if the failure— |
| (a) | is not material; |
| (b) | does not prejudice any person; and |
| (c) | is not procedurally unfair. |
