National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Regulations

Section 24G Fine Regulations

Annexure A

Section B : Deferral
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Section 24G(7) of the NEMA provides that if at any stage after the submission of an application it comes to the attention of the Minister, the Minister responsible for mineral resources or the MEC, that the applicant is under criminal investigation for the contravention of, or failure to comply with, section 24F(1) of the NEMA or section 20(b) of the NEM:WA, the Minister, Minister responsible for mineral resources or MEC may defer a decision to issue an environmental authorisation until such time as the investigation is concluded and—

(a)the National Prosecuting Authority has decided not to institute prosecution respect of such contravention or failure;
(b)the applicant concerned is acquitted or found not guilty after prosecution respect of which such contravention or failure has been instituted; or
(c)the applicant concerned has been convicted by a court of law of an offence in respect of such contravention or failure and the applicant has in respect of the conviction exhausted all the recognised legal proceedings pertaining to appeal or review.

 

Kindly answer the following questions:

 

Are you, the applicant, being investigated for a contravention of section 24F(1) of the NEMA in respect of a matter that is not subject to this application and in any province in the Republic/

YES

NO

UNCERTAIN

If yes, provide details of the offence being investigated and authority conducting the investigation.

If uncertain, provide details of the activity or activities in relation to which you suspect you may be under investigation.

Are you, the applicant, being investigated for the contravention of section 20(b) of the NEMWA in respect of a matter that is not subject to this application an in any province in the Republic/

YES

NO

UNCERTAIN

If yes, provide details of the offence being investigated and authority conducting the investigation.

If uncertain, provide details of the activity or activities in relation to which you suspect you may be under investigation.

Are you, the applicant, being investigated for an offence in terms of section 24F(1) of the NEMA or section 20(b) of the NEMWA in terms of which this application directly relates/

YES

NO

UNCERTAIN

If yes, provide details of the offence being investigated and authority conducting the investigation.

If uncertain, provide details of the activity or activities in relation to which you suspect you may be under investigation.

 

If you have answered yes or uncertain to any of the above questions, you are hereby provided with an opportunity to make representations as to why the Minister, Minister responsible for mineral resources or MEC, as the case may be, should not defer the application as he or she is entitled to do under section 24G(7).