| (1) | If the competent authority at any stage of considering an application has reason to believe that the EAP or specialist is not complying or has not complied with the requirements of regulation 13 in respect of the application, other than circumstances where the requirement of independence in regulation 13(1)(a) has been met by compliance with regulation 13(2) and (3), the competent authority may— |
| (a) | notify the EAP or specialist and the applicant of the reasons therefore, that the application is suspended until the matter is resolved and the extended timeframe for the processing of the application; and |
| (b) | afford the EAP or specialist and the applicant an opportunity to make representations to the competent authority regarding the suspected non-compliance with the requirements of regulation 13 of the EAP or specialist, in writing. |
| (2) | Other than circumstances where the requirement of independence in regulation 13(1)(a) has been met by compliance with regulation 13(2) and (3), an interested and affected party may notify the competent authority of any suspected non-compliance with regulation 13. |
| (3) | Where an interested and affected party notifies the competent authority of suspected non-compliance in terms of subregulation (2), the competent authority must investigate the allegation promptly. |
| (4) | The notification referred to in subregulation (2) must be submitted in writing and must contain documentation supporting the allegation, which is referred to in the notification. |
| (5) | If, after considering the matter, there is reason for the competent authority to believe that there is non-compliance with regulation 13 by the EAP or specialist, the competent authority must, in writing, inform the interested and affected party who notified the competent authority in terms of subregulation (2), the EAP or specialist and the applicant accordingly and may— |
| (a) | refuse to accept any further reports, plans, documents or input from the EAP or specialist in respect of the application in question; |
| (b) | request the applicant to— |
| (i) | commission, at own cost, an external review, by another EAP or specialist that complies with the requirements of regulation 13, of any reports, plans or documents prepared or processes conducted in connection with the application; |
| (ii) | appoint another EAP or specialist that complies with the requirements of regulation 13 to redo any specific aspects of the work done by the previous EAP or specialist in connection with the application or to complete any unfinished work in connection with the application; or |
| (iii) | take such action as the competent authority requires to remedy the defects; or |
| (c) | act in accordance with both paragraphs (a) and (b); and |
indicate the actions to be completed and associated timeframes in order to finalise the application.
[Regulation 14(5) substituted by Notice No. 326 of 2017]
| (6) | If the application has reached a stage where a register of interested and affected parties has been opened in terms of regulation 42, the applicant must, within 7 days from the suspension in terms of subregulation (1)(a), a decision in terms of subregulation (5)(a), a request in terms of subregulation (5)(c), or both such decision and request in terms of subregulation (5)(c), inform all registered interested and affected parties of such suspension, decision or actions to be completed in order to finalise the application. |
[Regulation 14(6) substituted by Notice No. 326 of 2017]
