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

Regulations

National Exemption Regulations, 2014

7. Review of exemption

 

(1) The Minister, Minister responsible for mineral resources or MEC, as the case may be, may—
(a) from time to time review any exemption granted in terms of these Regulations; and
(b) on good grounds suspend, withdraw or amend the exemption, or any part thereof.

 

(2) Before suspending, withdrawing or amending an exemption granted in terms of these Regulations, the Minister, Minister responsible for mineral resources or MEC, as the case may be, must give notice of such intention to the person to whom the exemption was granted and must provide the person with an opportunity to make written representations within a specified period.

 

(3) The Minister, Minister responsible for mineral resources or MEC must consider any comments submitted in terms of sub-regulation (2) before making a decision on the suspension, withdrawal or amendment of any exemption granted in terms of these Regulations.

 

(4) The Minister, Minister responsible for mineral resources or MEC must reach a decision on the suspension, withdrawal or amendment of any exemption granted in terms of these Regulations within 30 calendar days after receipt of any comments submitted in terms of sub-regulation (2).

 

(5) The Minister, Minister responsible for mineral resources or MEC must in writing and within 12 calendar days, using any of the communication methods set out in section 47D of the Act—
(a) notify the holder of the relevant exemption granted in terms of these Regulations; and
(b) draw the attention of the holder of the relevant exemption granted in terms of these Regulations to the fact that an appeal may be lodged against the decision in terms of section 43 of the Act.