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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 3 : Withdrawal of environmental authorisations

48. Withdrawal proceedings

 

 

1) If the competent authority intends to consider the withdrawal of an environmental authorisation, the competent authority must-
a) notify the holder of the authorisation, in writing, of the proposed withdrawal and the reasons why withdrawal of the authorisation is considered;
b) give the holder of the authorisation an opportunity-
i) to comment on any environmental audit report submitted to or obtained by the competent authority in terms of regulation 79(2); and
ii) to submit any representations on the proposed withdrawal which the holder of the authorisation wishes to make; and
c) conduct any appropriate public participation process to bring the proposed withdrawal 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, if the environment or rights or interests of other parties are likely to be adversely affected by the withdrawal.

 

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