Part 3: Exemptions and appeals

74. Applications for exemption

  1. Any person may apply in writing for exemption from the application of a provision of this Act to the Minister or, where the MEC is responsible for administering the provision of the Act from which the person or organ of state requires exemption, to the MEC.
  2. An application in terms of subsection (1) must be accompanied by -
    1. an explanation of the reasons for the application; and
    2. any applicable supporting documents.

75. Consideration of applications for exemption

  1. The Minister or MEC, as the case may be, may request an applicant contemplated in section 74 to furnish additional information where such information is necessary for the purposes of informing the Minister or MEC's decision.
  2. If the rights or interests of other parties are likely to be adversely affected by the proposed exemption, the Minister or MEC, as the case may be, must, before deciding the application, request the applicant to -
    1. bring the application to the attention of relevant organs of state, interested persons and the public by conducting a public participation process indicated by the Minister or MEC; and
    2. to submit any comments received from the public following such process to the Minister or MEC.

76. Decisions on applications for exemption

  1. The Minister or the MEC, as the case may be, may -
    1. grant an exemption from the application of a provision of this Act; or
    2. refuse to grant such exemption.
  2. Sections 48 and 49(2) to (6), inclusive, apply with the changes required by the context to the consideration of applications for exemptions.
  3. If an application is granted, the Minister or MEC must issue a written exemption notice to the applicant stating -
    1. the name, address and telephone number of the person to whom the exemption is granted;
    2. the provision of this Act from which exemption is granted;
    3. the conditions subject to which the exemption is granted, if the exemption is granted subject to conditions; and
    4. the period for which exemption is granted, if the exemption is granted for a period.
  4. The Minister or the MEC, as the case may be, may by notice in the Gazette exempt an organ of state from a provision of this Act if -
    1. the provision, but for the definition of "person" contained in section (1), clearly should not apply to an organ of state;
    2. the exemption would not defeat the objects of this Act; and
    3. it is in the public interest to grant the exemption.

77. Review and transfer of exemptions

  1. The Minister or MEC may -
    1. from time to time review any exemption granted in terms of section 76; and
    2. on good grounds suspend or withdraw such exemption or amend the exemption, or any part thereof.
  2. Before suspending, withdrawing or amending an exemption, the Minister or MEC must give the person to whom the exemption was granted an opportunity to comment, in writing, on the reasons for the suspension, withdrawal or amendment.
  3. If an exemption has been granted in respect of a waste management activity, or part thereof, and ownership of that waste management activity is transferred, the exemption may, with the permission of the Minister or MEC, be transferred by the holder of the exemption to the new owner of the waste management activity.
  4. Section 52 applies with the changes required by the context to the transfer of exemptions.

78. Appeals

  1. An appeal under section 43 of the National Environmental Management Act in respect of a decision made under a power delegated by the Minister or MEC in terms of this Act or another specific environmental management Act where the Minister or MEC is responsible for considering the appeal, may be considered jointly with any other appeal involving a related matter.
  2. Where the Minister or MEC exercises his or her discretion to consider appeals jointly under subsection (1), the Minister or MEC may indicate the process that must be followed to give effect to that decision.