Housing Development Agency Act, 2008
R 385
National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 9 : Administration of Act and Specific Environmental Management Acts47CB. Condonation of time periods applicable to appeals relating to prospecting, exploration, mining or production |
| (1) | The Minister may only in exceptional circumstances extend or condone a failure by a person to comply with a time period applicable to an appeal contemplated in section 43(1A), except for a time period which binds the Minister. |
| (2) | The Minister may not accept an application for condonation to submit an appeal contemplated in section 43(1A) after 30 days has lapsed from the date of the decision by the Minister responsible for mineral resources or any person acting under his or her delegated authority. |
| (3) | When considering an extension or condonation the Minister must consider the following factors: |
| (a) | The degree of lateness; |
| (b) | a detailed explanation of the reasons for the lateness; |
| (c) | whether and to what extent that person or the Minister responsible for mineral resources will suffer prejudice if the time period is extended or failure to comply with a time period is condoned; and |
| (d) | a detailed explanation of the merits of the application for extension or condonation. |
| (4) | The time period may only be condoned for a maximum period equal to the time period allowed for the action for which condonation is sought in terms of this Act. |
[Section 47CB inserted by section 16 of Act No. 25 of 2014]
