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

Part VI : Regulations

28A. Exemption to persons, local authorities and government institutions from application of certain provisions

 

1) Any person, local authority or government institution may in writing apply to the Minister or a competent authority, as the case may be, with the furnishing of reasons, for exemption from the application of any provision of any regulation, notice or direction which has been promulgated or issued in terms of this Act.

 

2) In order to enable him to make a decision on an application in terms of subsection (1), the Minister or a competent authority, as the case may be, may call for further information from the applicant.

 

3) The Minister or a competent authority, as the case may be, may after considering an application-
a) refuse to grant exemption;
b) in writing grant exemption from compliance with any of or all die provisions of any regulation, notice or direction, subject to such conditions as he may deem fit.

 

4) If any condition referred to in subsection (3) (b) is not being complied with, the Minister may in writing withdraw the exemption concerned or at his discretion determine new conditions.

 

5) The Minister or a competent authority, as the case may be, may from time to time review any exemption granted or condition determined, and if he deems it necessary, withdraw such exemption or delete or amend such condition.