| (1) | The Minister, Minister responsible for mineral resources or the MEC, as the case may be, may— |
[Words preceding section 76(1)(a) substituted by section 81(a) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023
| (a) | grant an exemption from the application of a provision of this Act; or |
| (b) | 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, Minister responsible for mineral resources or MEC, as the case may be, must issue a written exemption notice to the applicant stating— |
[Words preceding section 76(3)(a) substituted by section 81(b) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023
| (a) | the name, address and telephone number of the person to whom the exemption is granted; |
| (b) | the provision of this Act from which exemption is granted; |
| (c) | the conditions subject to which the exemption is granted, if the exemption is granted subject to conditions; and |
| (d) | the period for which exemption is granted, if the exemption is granted for a period. |
| (4) | The Minister, Minister responsible for mineral resources 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— |
[Words preceding section 76(4)(a) substituted by section 81(c) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023
| (a) | the provision, but for the definition of "person" contained in section (1), clearly should not apply to an organ of state; |
| (b) | the exemption would not defeat the objects of this Act; and |
| (c) | it is in the public interest to grant the exemption. |
