80 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. 20 (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 35 40 45 50