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Environment Conservation Act, 1989 (Act No. 73 of 1989)

Part V : Control of activities which may have detrimental effect on the environment

23. Limited development areas

 

1) A competent authority may by notice in the Official Gazette declare any area defined by him or her, as a limited development area.

 

2) No person shall undertake in a limited development area any development or activity prohibited by the competent authority by notice in the Official Gazette or cause such development or activity to be undertaken unless he or she has on application been authorized thereto by the competent authority, or by a local authority designated by the competent authority by notice in the Official Gazette, on the conditions contained in such authorisation.

 

3) In considering an application for an authorization referred to in subsection (2) the competent authority or the designated local authority may request the person to submit a report as prescribed concerning the influence of the proposed activity on the environment in the limited development area.

 

4) A limited development area shall not be declared unless the competent authority--
a) has given notice in the Official Gazette and in not fewer than one English and one Afrikaans newspaper circulating in the area in question of his or her intention to declare such area as a limited development area;
b) has permitted not fewer than 60 days for the submission to the Director-General of the provincial administration concerned, of comment on the proposed declaration;
c) has considered all representations received in terms of such notice; and
d) has consulted each Minister charged with the administration of any law which in the opinion of the competent authority relates to a matter affecting the environment in that area.