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

Chapter 4 : Fair Decision-Making and Conflict Management

22. Relevant Considerations, Report and Designated Officer

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(1)Decisions under this Act concerning the reference of a difference or disagreement to conciliation, the appointment of a conciliator, the appointment of a facilitator, the appointment of persons to conduct investigations, and the conditions of such appointment, must be made taking into account—
(a)the desirability of resolving differences and disagreements speedily and cheaply;
(b)the desirability of giving indigent persons access to conflict resolution measures in the interest of the protection of the environment;
(c)the desirability of improving the quality of decision-making by giving interested and affected persons the opportunity to bring relevant information to the decision-making process;
(d)any representations made by persons interested in the matter; and
(e)such other considerations relating to the public interest as may be relevant.

 

(2)
(a)[Section 22(2)(a) deleted by the National Environmental Laws Amendment Act, 2009 (Act No. 14 of 2009).
(b)[Section 22(2)(b) deleted by the National Environmental Laws Amendment Act, 2009 (Act No. 14 of 2009).
(c)The Director-General shall designate an officer to provide information to the public on appropriate dispute resolution mechanisms for referral of disputes and complaints.
(d)The reports, records and agreements referred to in this subsection must be available for inspection by the public.