National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsRegulations pertaining to threatened or protected terrestrial species and freshwater species, 2023 - effective 1 April 2023Section A: Provisions relating to Listed Threatened or Protected SpeciesChapter 2 : Permit System for Listed Threatened or Protected SpeciesPart 3 - Consideration of permit applications15. Disqualification of the risk assessment report |
| (1) | If the issuing authority at any stage of considering an application has reason to believe that the person who carried out the risk assessment has not complied with any of the requirements of regulation 14 of these Regulations in respect of the application, the issuing authority may disqualify the risk assessment report, in which case the issuing authority must— |
| (a) | notify the applicant and the person who carried out the risk assessment— |
| (i) | of the disqualification of the risk assessment report and provide reasons for such disqualification; and |
| (ii) | that the application is suspended until the matter is resolved; and |
| (b) | afford the applicant and the person who carried out the risk assessment an opportunity to make a written representation regarding the specific requirement that has not been complied with. |
| (2) | An interested and affected party may notify the issuing authority of suspected non-compliance with regulation 14 of these Regulations by the person carrying out the risk assessment. |
| (3) | The notification contemplated in subregulation (2) must be submitted in writing to the issuing authority and must contain documentation supporting the allegation that is referred to in such notification. |
| (4) | Where an interested and affected party notifies the issuing authority of suspected non-compliance with regulation 14 of these Regulations, the issuing authority must investigate the allegation. |
| (5) | If, after considering the notification and supporting documentation contemplated in subregulation (3), the issuing authority is unconvinced of compliance with regulation 14 of these Regulations by the person carrying out the risk assessment,the issuing authority must, in writing, inform such person and the applicant accordingly and may— |
| (a) | refuse to accept any further reports or input from such person in respect of the application in question; and |
| (b) | request the applicant to— |
| (i) | commission, at own cost, an external review by an independent person or persons of any reports prepared or processes conducted by the person who carried out the risk assessment in connection with the application; |
| (ii) | redo any specific aspects of the work done by the previous person who carried out the risk assessment in connection with the application; and |
| (iii) | complete any unfinished work in connection with the application or take such action as the issuing authority requires remedying the defects. |