| (1) | Before exercising a power which, in terms of a provision of this Act, must be exercised in accordance with this section and section 100, the Minister or MEC for Environmental Affairs must follow an appropriate consultative process in the circumstances. |
[Section 99(1) substituted by section 51(a) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];
| (2) | The Minister must, in terms of subsection (1)— |
| (a) | consult all Cabinet members whose areas of responsibility may be affected by the exercise of the power; |
| (b) | in accordance with the principles of co-operative governance set out in Chapter 3 of the Constitution, consult the MEC for Environmental Affairs of 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. |
| (2A) | The MEC must, before exercising a power in terms of subsection (1)— |
| (a) | consult all Cabinet members, Members of the Provincial Executive Council and organs of state, whose areas of responsibility may be affected by the exercise of the power in the province; |
| (b) | consult the Minister, in accordance with the principles of cooperative governance set out in Chapter 3 of the Constitution; and |
| (c) | allow public participation in the process in accordance with section 100. |
[Section 99(2A) inserted by section 51(b) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];
