| (2) | An application for reclamation in terms of this section must be accompanied by— |
| (a) | details of how the land will be developed and its use; |
| (b) | an assessment of whether there is any alternative land available and why such land cannot be used; |
| (c) | information on whether the land and structures will be accessible to the public; |
| (d) | information on whether the development is in the interests of the whole community; |
| (e) | detailed information on how the development will be funded; and |
| (f) | any other relevant information. |
| (3) | An application for reclamation must be submitted to the Minister for pre-approval prior to any application for an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act. |
| (a) | follow the consultation process in section 53 prior to pre-approving an application for reclamation; and |
| (b) | submit a pre-approval for reclamation to Parliament for ratification. |
| (a) | Parliament fails to ratify the pre-approval, the Minister’s pre-approval as envisaged in subsection (3) becomes invalid; or |
| (b) | the environmental authorisation is refused, a pre-approval in terms of subsection (3) and a ratification in terms of subsection (4)(b) becomes invalid. |
| (6) | In the event that Parliament ratifies the pre-approval, application may be made for an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act. |
| (7) | If an environmental authorisation is granted, the applicant must resubmit to the Minister the application, the environmental authorisation, the ratified pre-approval and other documents related to the reclamation for a final decision. |
| (8) | A final decision made by the Minister in terms of subsection (7) must be tabled in Parliament within 60 days of the decision. |
| (9) | Land reclaimed in terms of this section— |
| (a) | may not be sold under any circumstances; |
| (b) | must be subject to a lease as prescribed by the Minister; and |
| (c) | may not be subleased without the written authorisation of the Minister. |
| (10) | Unless authorised by the Minister, land reclaimed in terms of this section may not be utilised other than in accordance with the purpose stated in the original application and conditions of the authorisation. |
| (11) | The Minister may, when approving a reclamation application, make the approval subject to any conditions. |
[Section 7C inserted by section 6 of Act No. 36 of 2014]
