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

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 5 : Amendment, Suspension, Withdrawal and Auditing of Compliance with Environmental Authorisation and Environmental Management Programme

Part 5: Suspension and withdrawal of environmental authorisation

38. Suspension and withdrawal of environmental authorisation

 

(1) If the competent authority has reason to believe that the authorisation was obtained through fraud, non-disclosure of material information or misrepresentation of a material fact, the competent authority may, in writing, suspend or partially suspend, with immediate effect, the environmental authorisation and direct the holder of such environmental authorisation forthwith to cease any activities that have been commenced or to refrain from commencing any activities, pending a decision to withdraw the environmental authorisation.

 

(2) The holder of the environmental authorisation may, within 10 days of the suspension issued in terms of subregulation (1), provide the competent authority with representations as to why the environmental authorisation should not be withdrawn.

[Regulation 38(2) substituted by Notice No. 326 of 2017]

 

(3) Subject to subregulation (4), within 14 days of receipt of representations, alternatively within 14 days of the expiry of the time period in which to submit representations, the competent authority must consider the representations, if any, and must inform the applicant in writing of its decision to—
(a) lift the suspension; or
(b) withdraw, or partially withdraw, the environmental authorisation.

[Regulation 38(3) substituted by Notice No. 326 of 2017]

 

 

(4) In the event that the competent authority requires further information in order to take a decision referred to in subregulation (3) it shall—
(a) within the 14 day time period set out in regulation (3), and in writing, request the holder to provide such further information; and
(b) consider this additional information prior to taking a decision in terms of (3)(a) or (b).

 

(5) Where further information is requested, the competent authority shall have a further 14 day period from the date of receipt of this information, in which to make its decision in terms of subregulation (3)(a) or (b).

 

(6) In the event that the competent authority decides to withdraw, or partially withdraw, the environmental authorisation in terms of (3)(b), and the activity or activities have commenced, the competent authority may direct the holder to rehabilitate the effects of the activity on the environment.

 

(7) The provisions of this Part apply equally to any exemptions issued in terms of the ECA regulations or the previous NEMA regulations as defined in Chapter 8 of these Regulations.

[Regulation 38(7) substituted by Notice No. 326 of 2017]