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

Regulations in Terms of Chapter 5 of the National Environmental Management Act, 1998

Chapter 4 : Amendment and Withdrawal of Environmental Authorisations

Part 2 : Amendments on initiative of competent authority

45. Process



1) If a competent authority intends amending an environmental authorisation in terms of regulation 44, the competent authority must first—
a) notify the holder of the environmental authorisation, in writing, of the proposed amendment;
b) give the holder of the environmental authorisation an opportunity to submit representations on the proposed amendment, in writing; and
c) if necessary, conduct a public participation process as referred to in regulation 56 or any other public participation process that may be appropriate in the circumstances to bring the proposed amendment to the attention of potential interested and affected parties, including organs of state which have jurisdiction in respect of any aspect of the relevant activity.


2) The process referred to in subregulation (1) must afford an opportunity to—
a) potential interested and affected parties to submit to the competent authority written representations on the proposed amendment; and
b) the holder of the environmental authorisation to comment on any representations received in terms of paragraph (a) in writing.


3) Subregulations (1)(c) and (2) need not be complied with if the proposal is to amend the environmental authorisation in a non-substantive way.