National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsThreatened or Protected Marine Species Regulations, 2017Provisions Relating to Listed Threatened or Protected Marine SpeciesChapter 2 : Permit System for Listed Threatened or Protected Marine SpeciesPart 2 : Permit application procedure16. 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 the requirements of regulation 15 of these Regulations in respect of the application, the issuing authority— |
| (a) | may disqualify the risk assessment report; |
| (b) | must 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 |
| (c) | afford the applicant and the person who carried out the risk assessment an opportunity to make written representations to the issuing authority regarding the independence of the person who carried out the risk assessment. |
| (2) | An interested and affected party may notify the issuing authority of suspected non-compliance with regulation 15 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 15 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 15 of these Regulations by the person carrying out the risk assessment, the issuing authority must, in writing, inform the applicant and such person 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. |