National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsEnvironmental Management Framework Regulations, 20105. Adoption and consideration |
| (1) | The Minister or MEC in concurrence with the Minister may adopt with or without amendments, an environmental management framework initiated in terms of regulation 3. |
| (2) | If the Minister or MEC adopts with or without amendments an environmental management framework initiated in terms of regulation 3 the environmental management framework must be taken into account in the consideration of applications for environmental authorisation in or affecting the geographical area to which the framework applies. |
| (3) | An environmental management framework not initiated in terms of regulation 3 may be taken into account in the consideration of applications for environmental authorisation in or affecting the geographical area to which the framework applies, if such environmental management framework complies with the content requirements as stipulated in regulation 4 and the development of such EMF complied with the process requirements as stipulated in regulation 3. |
| (4) | When an environmental management framework has been adopted, notice must be given in the Government Gazette or the official Gazette of the relevant province of— |
| (a) | the adoption of the environmental management framework; and |
| (b) | the place where the environmental management framework is available for public scrutiny. |
| (5) | Environmental management frameworks adopted as provided in subregulation (1) must be implemented and monitored on a regular basis to ensure that it achieves its purpose and goal. |
| (6) | Environmental management frameworks adopted as provided in subregulation (1) may from time to time, on the initiative of the Minister or an MEC in concurrence with the Minister, or as specified in the revision schedule of the environmental management framework, be revised, on condition that such revision is subject to a public participation process similar to that envisaged in regulation 3(4). |
| (7) | When an environmental management framework has been revised as provided in subregulation (6), notice must be given in the Government Gazette or the official Gazette of the relevant province of— |
| (a) | the revision of the environmental management framework; and |
| (b) | the place where the revised environmental management framework is available for public scrutiny. |