National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 4 : Fair Decision-Making and Conflict Management18. Conciliation |
| (1) | Where a matter has been referred to conciliation in terms of this Act, the Director-General may, on the conditions, including time-limits, that he or she may determine, appoint a conciliator acceptable to the parties to assist in resolving a difference or disagreement: Provided that if the parties to the difference or disagreement do not reach agreement on the person to be appointed, the Director-General may appoint a person who has adequate experience in or knowledge of conciliation of environmental disputes. |
| (2) | A conciliator appointed in terms of this Act must attempt to resolve the matter— |
| (a) | by obtaining such information whether documentary or oral as is relevant to the resolution of the difference or disagreement; |
| (b) | by mediating the difference or disagreement; |
| (c) | by making recommendations to the parties to the difference or disagreement; |
| (d) | in any other manner that he or she considers appropriate. |
| (3) | In carrying out his or her functions, a conciliator appointed in terms of this Act must take into account the principles contained in section 2. |
| (4) | A conciliator may keep or cause to be kept, whether in writing or by mechanical or electronic means, a permanent record of all or part of the proceedings relating to the conciliation of a matter. |
| (5) | Where such record has been kept, any member of the public may obtain a readable copy of the record upon payment of a fee as approved by Treasury. |
| (6) | Where conciliation does not resolve the matter, a conciliation may enquire of the parties whether they wish to refer the matter to arbitration and may with their concurrence endeavour to draft terms of reference for such arbitration. |
| (7) |
| (a) | The conciliator must submit a report to the Director-General, the parties and the person who referred the matter for conciliation, setting out the result of his or her conciliation, and indicating whether or not an agreement has been reached. |
| (b) | In the event of no agreement having been reached, the report may contain his or her recommendations and reasons therefor. |
| (c) | Where relevant, the report must contain the conciliator's comments on the conduct of the parties. |
| (d) | The report and any agreement reached as a result of the conciliation must be available for inspection by the public and any member of the public may obtain a copy thereof upon payment of a fee as approved by Treasury. |
| (8) | The Director-General may from time to time with the concurrence of the Minister of Finance, appoint persons or organisations with relevant knowledge or expertise to provide conciliation and mediation services. |