National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 8 : Administration of ActPart 2 : Consultation process100. Public participation |
| (1) | The Minister or MEC for Environmental Affairs must give notice of the proposed exercise of the power referred to in section 99— |
[Words preceding section 100(1)(a) substituted by section 52(a) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];
| (a) | in the Gazette or Provincial Gazette, as the case may be; and |
| (b) | in at least one newspaper distributed nationally, or if the exercise of the power may affect only a specific area, in at least one newspaper distributed in that area. |
[Section 100(1)(a) substituted by section 52(b) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];
| (2) | The notice must— |
| (a) | invite members of the public to submit to the Minister or MEC for Environmental Affairs, within 30 days of publication of the notice in the Gazette or Provincial Gazette, as the case may be, written representations on, or objections to, the proposed exercise of the power; and |
| (b) | contain sufficient information to enable members of the public to submit meaningful representations or objections. |
[Section 100(2)(a) substituted by section 52(c) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];
| (3) | The Minister or MEC for Environmental Affairs may in appropriate circumstances allow any interested person or community to present oral representations or objections to the Minister or MEC for Environmental Affairs or a person designated by the Minister or MEC for Environmental Affairs. |
[Section 100(3) substituted by section 52(d) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];
| (4) | The Minister or MEC for Environmental Affairs must give due consideration to all representations or objections received or presented before exercising the power. |
[Section 100(4) substituted by section 52(d) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];