CHAPTER 15

PERMITS, PERMISSIONS, EXEMPTIONS AND EXCLUSIONS
Part 1: Permits

Permits to be issued by MEC
97. The MEC may –
(a) issue any permit required by a provision of this Act; or
(b) withdraw any such permit if the holder of the permit contravenes or fails
to comply with a condition subject to which the permit was issued.

Application for permits
98. (1) Any person may in writing apply to the MEC for a permit by lodging an
application on the prescribed form to any office of the Environmental Management Authority.

(2) After receiving an application in terms of subsection (1), the MEC may request
further information from the applicant before considering the application.

(3) The MEC may, after considering an application –
(a) refuse the application in writing;
(b) issue the permit unconditionally; or
(c) issue the permit subject to any conditions the MEC may consider necessary in the interest of environmental management.

(4) A permit issued in terms of subsection (3)(c) applies to the extent only that any
conditions subject to which it was issued are complied with.

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(5) This section also applies, with the necessary changes as the context may
require, to any authority or permission, which may be issued by the MEC or a municipality in municipality in terms of this Act.

Part 2: Permissions

Permissions to be in writing
99. A permission which an owner of land may issue in terms of a provision of this Act must be in writing and in the prescribed form.

Permissions to be issued before act is performed
100. (1) A written permission which an owner of land may issue in terms of a provision of
this Act must be issued by the owner before the act for which the permission is required is performed.

(2) A permission issued after the performance of the act is invalid.

Conditional permissions
101. (1) A written permission which an owner of land may issue in terms of a provision of this Act may be issued subject to any conditions the owner may consider necessary in the interest of environmental management.

.
(2) A permission applies to the extent only that conditions imposed in terms of
subsection (1) are complied with, and the owner of land who issued the permission must withdraw the permission if the holder of the permission contravenes or fails to comply with a condition of the permission.


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Part 3: Exemptions

Exemption of specific persons
102. (1) The MEC, in consultation with the Executive Council of Limpopo Provincial
Government and subject to sections 103 and 104, may in writing, exempt any person from any or all of the provisions of this Act if the exemption can be justified in the interest of environmental management.

(2) The MEC must, annually, by notice in the Provincial Gazette publish the
prescribed information regarding exemptions granted in terms of subsection (1).

Process to apply for exemption
103. (1) A person desiring exemption in terms of section 102 from all or any of the
provisions of this Act–
(a) may in writing apply to the MEC for such exemption by lodging an
application on the prescribed form to any office of the Environmental
Management Authority; and
(b) must furnish reasons in the application why the exemption should be
granted.

(2) After receiving an application in terms of subsection (1), the MEC may request
further information from the applicant before considering the application.

(3) The MEC may, after considering an application in terms of section 102, in
writing–

(a) refuse to grant the exemption;
(b) grant the exemption unconditionally; or
(c) grant the exemption subject to any conditions the MEC may consider
necessary in the interest of environmental management, including
conditions limiting the scope of the exemption to –

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(i) a species or category of wild or alien animals, aquatic biota,
invertebrate or indigenous plants, specified in the exemption; or
(ii) an area or category of areas specified in the exemption.

(4) An exemption in terms of subsection (3)(c) applies to the extent only that any
conditions subject to which the exemption was issued, are complied with.

Review of exemptions
104. The MEC in consultation with the Executive Council of Limpopo Provincial
Government, may at any time review an exemption, and by written notice to the holder of the exemption –

(a) withdraw the exemption if –
(i) any of the conditions subject to which the exemption was granted
are contravened or not complied with; or
(ii) the exemption can no longer be justified in the interest of
environmental management; or
(b) delete or amend a condition if it is in the interest of environmental
management.

Part 4: Exclusions

General exclusions
105. (1) The MEC may in the Provincial Gazette –
(a) exclude from any or all of the provisions of this Act in a specified notice –
(i) a category of persons;
(ii) an area or category of areas;
(iii) a species or category of wild or alien animals;
(iv) a species or category of aquatic biota;
(v) an aquatic system or category of aquatic systems;

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(vi) a species or category of invertebrate;
(vii) a species or category of indigenous plants; or
(viii) a cave or category of caves;
(b) amend or withdraw a notice issued in terms of paragraph (a).

(2) A notice in terms of subsection (1) may be issued only if the exclusion can be
justified in the interest of environmental management.

(3) A notice issued in terms of subsection (1) may impose conditions subject to which
the exclusion is granted.

(4) An exclusion applies to the extent only that conditions imposed in terms of
subsection (3) are complied with.

Process
106. (1) Before a notice in terms of section 105 is published, amended or withdrawn, the MEC must give notice in the Provincial Gazette, in at least one newspaper circulated in the Province and on radio broadcasts covering the area, of the intention to grant, amend or withdraw an exclusion.

(2) The notice must –
(a) invite members of the public to submit to the MEC written representations
on or objections to the proposed exclusion, amendment or withdrawal
within 30 days from the date of publication of the notice; and
(b) contain sufficient information to enable members of the public to submit
meaningful representations or objections.
(3) The MEC must give due consideration to all representations or objections
received.

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Part 5: General provisions

Expert evidence before permit or exemption is granted
107. (1) Before granting a permit or exemption in terms of this Act, the MEC may in
writing require the applicant to provide the MEC, at the applicant’s expense, with expert evidence that the granting of the permit or exemption would not be detrimental to the interests of environmental conservation.

(2) If after evaluation of the expert evidence, there is doubt that the granting of the
permit or exemption may be detrimental to the interests of environmental conservation, the permit or exemption may not be issued.

Permits, permissions, licences and other documents to be carried on person
108. A person to whom a permit, written permission, exemption or other document was issued
in terms of this Act, must carry the document on their person when performing the act for which
the document was issued.