Part 2: Consultative process

72. Consultation

  1. Before exercising a power which, in terms of this Act, must be exercised in accordance with this section and section 73, the Minister or MEC must follow such consultative process as may be appropriate in the circumstances.
  2. When conducting the consultations contemplated in subsection (1), the Minister must -
    1. consult all Cabinet members whose areas of responsibility will be affected by the exercise of the powers;
    2. in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution and subject to the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), consult the MEC responsible for waste management in each province that will be affected by the exercise of the power; and
    3. conduct a public participation process in accordance with section 73.
  3. When conducting the consultations contemplated in subsection (1), the MEC must -
    1. consult all members of the Executive Council whose areas of responsibility will be affected by the exercise of the powers;
    2. in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution and subject to the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), consult the Minister and all other national organs of state that will be affected by the exercise of the power; and
    3. conduct a public participation process in accordance with section 73.

73. Public participation

  1. Before exercising a power that, in terms of this Act, must be exercised in accordance which this section, the Minister or MEC, as the case may be, must give notice of the proposed exercise of the relevant power -
    1. in the Gazette; and
    2. in at least one newspaper distributed nationally or, if the exercise of power will only affect a specific area, in at least one newspaper distributed in that area.
  2. The notice must -
    1. invite members of the public to submit to the Minister or MEC, as the case may be, within no less than 30 days of publication of the notice in the Gazette, written representations on or objections to the proposed exercise of power; and
    2. contain sufficient information to enable members of the public to submit representations or objections.
  3. The Minister or MEC, as the case may be, may, in appropriate circumstances, allow any interested person or community to present oral representations or objections to the Minister or MEC, or a person designated by the Minister or MEC.
  4. The Minister or MEC, as the case may be, must give due consideration to all representations or objections received or presented before exercising the relevant power.