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National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 8 : General Matters

Part 3 : Delegations and exemptions

59. Exemptions

 

(1)        

(a) Any person or organ of state may, in writing, apply for exemption from the application of a provision of this Act to the Minister.
(b) No exemption from a provision of section 9, 22 or 25 may be granted in terms of paragraph (a).

 

(2) An application in terms of subsection (1) must be accompanied by reasons.

 

(3)        

(a) The Minister may require an applicant applying for exemption to take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public.
(b) The steps contemplated in paragraph (a) must include the publication of a notice in at least two newspapers circulating nationally—
(i) giving reasons for the application; and
(ii) containing such other particulars concerning the application as the Minister may require.

 

(4)        The Minister may—

(a) from time to time review any exemption granted in terms of this section; and
(b) on good grounds withdraw any exemption.

 

(5) The Minister may on such conditions and limitations determined by the Minister delegate any of the powers contained in this section to—
(a) the MEC responsible for air quality in a province; or
(b) a metropolitan or district municipality.