(1) | The Minister may, in respect of applications for the Minister’s pre-approval or for a final reclamation decision, request the applicant to— |
(a) | provide further information by a specified date; |
(b) | carry out further investigations and to provide the results of those studies by a specified date; |
(c) | consult with specific organisations, authorities, persons or interested parties and submit the results of those consultations by a specified date; or |
(d) | request the applicant to make oral representations to the Minister relating to the application and to answer any questions raised at such meeting. |
(2) | If an applicant fails to— |
(a) | comply with a request made in terms of subregulation (1); |
(b) | pay any fee, if prescribed; |
(c) | fully complete all required parts of, and provide all information required by an application form referred to in these regulations; or |
(d) | provide any information required in terms of the Act or these regulations by a specified date, |
the application will be regarded as incomplete and it will not be considered.
(3) | When assessing any application in terms of these regulations, the Minister may consider— |
(a) | whether or not the applicant has been convicted of contravening— |
(ii) | the National Environmental Management Act; |
(iii) | any specific environmental management Act; or |
(b) | whether or not the applicant has contravened conditions of any permits or authorisations granted to the applicant in terms of— |
(ii) | the National Environmental Management Act; |
(iii) | any specific environmental management Act; or |
(iv) | these regulations; and |
(c) | any other relevant consideration. |