National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsExemption Regulations, 20144. Submission of application |
| (1) | A written application contemplated in regulation 3 must be accompanied by— |
| (a) | the name, address and telephone number of the person applying for the exemption; |
| (b) | a document explaining of the reasons for the application and addressing the issues contemplated in section 24M(4) of the Act; |
| (c) | details of the specific provision from which the person is requesting exemption; and |
| (d) | any applicable supporting documents; |
| (e) | a declaration by the applicant that the information in the application is correct and accurate; and |
| (f) | the applicable application fee. |
| (2) | The Minister, Minister responsible for mineral resources or MEC must, within 14 calendar days from the receipt of the application for exemption, acknowledge receipt in writing. |
| (3) | A person applying for an exemption from a provision of the Act that relates to an application for an environmental authorisation or from a provision of the Environmental Impact Assessment Regulations must communicate his or her notice of intention to apply for exemption by conducting a public participation process in the manner prescribed in the Environmental Impact Assessment Regulations. |
| (4) | The written notice contemplated in sub-regulation (3) must contain the following information— |
| (a) | the name, address and telephone number of the person applying for the exemption; |
| (b) | the provisions from which the exemption is applied for; |
| (c) | a brief description of the exemption applied for and where the application can be viewed or a copy can be obtained from; |
| (d) | the postal address, e-mail address, fax number, contact details of the person applying for the exemption to whom comments must be submitted; |
| (e) | the date on which comments on the exemption application must be submitted, provided that a minimum of 30 calendar days must be allowed for the submission of comments; and |
| (5) | A person applying for exemption from a provision of this Act, other than contemplated in subregulation (3), must give notice to all potential interested and affected parties of an application by— |
| (a) | fixing a notice board at a place conspicuous to and accessible by the public at the boundary, on the fence or along the corridor of the site which will be affected by the exemption; |
| (b) | giving written notice, in any of the manners provided for in section 47D of the Act, to– |
| (i) | the occupiers of the site and, if the applicant is not the owner or person in control of the site which will be affected by the exemption, the owner or person in control of the site which will be affected by the exemption; |
| (ii) | owners, persons in control of, and occupiers of land adjacent to the site contemplated in (a); |
| (iii) | the municipal councillor of the ward in which the site contemplated in (a) is situated and any organisation of ratepayers that represent the community in the area; |
| (iv) | the municipality which has jurisdiction in the area; |
| (v) | any organ of state that may have an interest in the matter; and |
| (vi) | any other party as required by the Minister or MEC; |
| (c) | placing an advertisement in one local newspaper; |
| (d) | placing an advertisement in at least one provincial newspaper or national newspaper, if the exemption will have an impact that extends beyond the boundaries of the metropolitan or district municipality in which it will be granted; and |
| (e) | using reasonable alternative methods, as agreed to by the Minister or MEC, in those instances where a person is desirous of but unable to participate in the process due to— |
| (i) | illiteracy; |
| (ii) | disability; or |
| (iii) | any other disadvantage . |
| (6) | The notice, notice board and advertisement contemplated in sub-regulation (5) must contain the information set out in subregulation (4). |