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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations

Section 24H Registration Authority Regulations, 2016

Chapter 4 : Registration of Environmental Assessment Practitioners

18. Termination of registration

 

(1) A registration authority may terminate the registration of a registered environmental assessment practitioner or registered candidate environmental assessment practitioner if she or he—
(a) no longer meets the criteria prescribed in regulation 15;
(b) has erroneously been registered, or has been registered on information subsequently proved to be false;
(c) breaches the code of conduct of the registration authority contemplated in regulations 3(2)(e) and 10;
(d) has been removed from an office of trust on account of improper conduct;
(e) has been convicted of an offence, either in the Republic or elsewhere, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), and sentenced to imprisonment for a period exceeding 3 months or a fine as alternative thereto, where the offence relates to unethical or unprofessional conduct;
(f) is declared by the High Court to be of unsound mind or mentally disordered, or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973);
(g) is an unrehabilitated insolvent whose insolvency was caused by his or her negligence or incompetence in performing work falling within the scope of the category in respect of which he or she is applying for registration; or
(h) fails to pay the prescribed annual fee within 90 days from it becoming due.

 

(2) The registration authority must—
(a) give reasonable notification to the registered environmental assessment practitioner or registered candidate environmental assessment practitioner of its intention to terminate registration and the reasons why termination is considered; and
(b) give the registered environmental assessment practitioner or registered candidate environmental assessment practitioner a reasonable opportunity to submit any representations on the proposed termination which the registered environmental assessment practitioner or registered candidate environmental assessment practitioner wishes to make.

 

(3) Upon having reached a decision on whether or not to terminate registration, the registration authority must notify, in writing, the registered environmental assessment practitioner or registered candidate environmental assessment practitioner of the decision.

 

(4) If the decision is to terminate registration, the registration authority must—
(a) provide reasons for the decision, in writing, to the registered environmental assessment practitioner or registered candidate environmental assessment practitioner; and
(b) indicate any measures to be taken to rectify non-compliance with regulation 14 of these Regulations in instances where the planning, management, coordination or review of an environmental impact assessment and associated EMPr has been initiated but not yet completed by the time of termination of registration.

 

(5) Details of an environmental assessment practitioner whose registration has been terminated will be removed from the register of registered environmental assessment practitioners or registered candidate environmental assessment practitioners.