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GOVERNMENT GAZETTE, 7 N 2004
No. 26436
Act No. 10,2004
NATIONAL ENVIRONMENTAL
MANAGEMENT:
BIODIVERSITY ACT, 2004
Part 2
Consultation process
Consultation
99. (1) Before exercising a power which, in termsof a provision of this Act, must be
exercised in accordance with this section and section 100, the Minister must follow an 5
appropriate consultative process in the circumstances.
(2) The Minister must, in_terms of subsection (1)(a) consult all Cabinet members whoseareas of responsibility may be affected by
the exercise of the power;
( b ) in accordancewiththeprinciples
of co-operativegovernance set out in 10
Chapter 3 of the Constitution, consult the MEC for Environmental Affairsof
each province that may be affected by the exercise of the power; and
(c) allow public participation in the process in accordance with section 100.
Public participation
100. (1) The Minister must give noticeof the proposed exerciseof the power referred 15
to in section 99(a) in the Gazette; 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.
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(2) The notice must(a) invite members of the public to submit to the Minister, within 30 days
of
publication of thenotice in the Gazette, writtenrepresentationson,or
objections to, the proposed exercise of the power; and
(b) contain sufficient information to enablemembers of thepublic to submit25
meaningful representations or objections.
(3) The Minister may in appropriate circumstances allow any interested person or
community to present oral representations or objections to the Minister or a person
designated by the Minister.
(4) The Minister must give due consideration
to all representations or objections 30
received or presented before exercising the power.
CHAPTER 9
OFFENCES AND PENALTIES
Offences
101. (1) A person is guiltyof an offence if that person contravenes or fails to comply
with a provision of(a) section 57(1), 65(1), 67(2), 71(1) or 81(1);
(b) a notice published in terms of section 57(2); or
(c) a directive issued in terms of section 69(2) or 73(3).
(2) A person who is the holder of a permit is guilty of an offence if that person( a ) contravenes or fails to comply with a provision of section 69(1) or 73(1);
( b ) performsthe activity forwhichthepermitwasissuedotherwisethan
in
accordance with any conditions subject to which the permit was issued; or
( c ) permits or allows any other person to do, or to omit to do, anything which is
an offence in terms of paragraph (a) or (b).
(3) A person is guilty of an offence if that person( a ) fraudulently alters any permit;
( b ) fabricates or forges any document for the purpose of passing it as a permit;
( c ) passes, uses, alters or has in his or herpossessionany
altered orfalse
purporting
document
to be a permit; or
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