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National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Regulations

Amathole Offshore Marine Protected Area Regulations

10. Suspension, amendment and cancellation of permits

 

(1) Subject to subregulations (2) and (3), a permit issued under these regulations may at any time be suspended, cancelled or amended.

 

(2) A permit issued in terms of these regulations may be suspended, cancelled or amended, if—
(a) the Minister is satisfied on the basis of information that was not considered when the permit was issued, that it is necessary or desirable to suspend, cancel or amend the permit to prevent deterioration or further deterioration of the environment within the Marine Protected Area;
(b) other similar permits held by other persons have also been reviewed and the suspension, cancellation or amendment does not unfairly discriminate against the holder in relation to other holders of similar permits;
(c) the permit-holder is in breach of a condition contained in the permit;
(d) the permit-holder provided incorrect or false information in the application for the permit;
(e) the holder of a permit has been convicted of an offence in terms of the Act, the National Environmental Management Act or a specific environmental management Act or any regulations issued thereunder; or
(f) the reason for the issuing of the permit no longer exists.

 

(3) A permit issued in terms of these regulations may be amended—
(a) if an error needs to be corrected or rectified;
(b) at the request of the applicant;
(c) for the proper management and implementation of these regulations; or
(d) where the conditions or circumstances have changed since the original permit was issued.