National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 5 : Integrated Environmental Management24M. Exemptions from application of certain provisions |
| (1) | The Minister or an MEC, as the case may be, may grant an exemption from any provision of this Act, except from a provision of section 24(4)(a) or the requirement to obtain an environmental authorisation contemplated in section 24(2)(a) or (b). |
[Section 24M(1) amended by section 10(a) of Act No. 30 of 2013]
| (2) | The Minister responsible for mineral resources may grant an exemption from any matter contemplated in section 24(4)(b). |
| (3) | The Minister or an MEC, as the case may be, must prescribe the process to be followed for the lodging and processing of an application for exemption in terms of this section. |
| (4) | The Minister, the Minister responsible for mineral resources or MEC may only grant an exemption contemplated in subsection (1) or (2), as the case may be, if— |
| (a) | the granting of the exemption is unlikely to result in significant detrimental consequences for or impacts on the environment; |
| (b) | the provision cannot be implemented in practice in the case of the application in question; |
[Section 24M(4)(b) amended by section 10(b) of Act No. 30 of 2013]
| (c) | the exemption is unlikely to adversely affect the rights of interested or affected parties; or |
[Section 24M(4)(c) amended by section 10(b) of Act No. 30 of 2013]
| (d) | the activity is of national or provincial importance and is aimed at preventing or mitigating serious harm to the environment or property. |
[Section 24M(4)(d) inserted by section 10(b) of Act No. 30 of 2013]