National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 8 : General MattersPart 3 : Delegations and exemptions59. Exemptions |
(1)
(a) | Any person or organ of state may, in writing, apply for exemption from the application of a provision of this Act to the Minister. |
(2) | An application in terms of subsection (1) must be accompanied by reasons. |
(3)
(a) | The Minister may require an applicant applying for exemption to take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public. |
(b) | The steps contemplated in paragraph (a) must include the publication of a notice in at least two newspapers circulating nationally— |
(i) | giving reasons for the application; and |
(ii) | containing such other particulars concerning the application as the Minister may require. |
(4) The Minister may—
(a) | from time to time review any exemption granted in terms of this section; and |
(b) | on good grounds withdraw any exemption. |
(5) | The Minister may on such conditions and limitations determined by the Minister delegate any of the powers contained in this section to— |
(a) | the MEC responsible for air quality in a province; or |
(b) | a metropolitan or district municipality. |