NEMA - Department of Agriculture and Environmental Affairs

(5) Where such record has been kept, any member of the public may obtain a
readable copy of the record upon payment of a fee as approved by Treasury.
(6) Where conciliation does not resolve the matter, a conciliator may enquire of the
parties whether they wish to refer the matter to arbitration and may with their
concurrence endeavour to draft terms of reference for such arbitration.
(7) (a) The conciliator must submit a report to the DirectorGeneral, the parties and
the person who referred the matter for conciliation, setting out the result of his or her
conciliation, and indicating whether or not an agreement has been reached.
(b) In the event of no agreement having been reached, the report may contain his or
her recommendations and reasons therefor.
(c) Where relevant, the report must contain the conciliator´s comments on the
conduct of the parties.
(d) The report and any agreement reached as a result of the conciliation must be
available for inspection by the public and any member of the public may obtain a
copy thereof upon payment of a fee as approved by Treasury.
(8) The DirectorGeneral may from time to time with the concurrence of the Minister
of Finance, appoint persons or organisations with relevant knowledge or expertise to
provide conciliation and mediation services.
19. Arbitration.—(1) A difference or disagreement regarding the protection of the
environment may be referred to arbitration in terms of the Arbitration Act, 1965 (Act
No. 42 of 1965).
(2) Where a dispute or disagreement referred to in subsection (1) is referred to
arbitration the parties thereto may appoint as arbitrator a person from the panel of
arbitrators established in terms of section 21.
20. Investigation.—The Minister may at any time appoint one or more persons to
assist either him or her or, after consultation with a Municipal Council or MEC or
another national Minister, to assist such a Municipal Council or MEC or another
national Minister in the evaluation of a matter relating to the protection of the
environment by obtaining such information, whether documentary or oral, as is
relevant to such evaluation and to that end—
(a) the Minister may by notice in the Gazette give such person or persons the
powers of a Commission of Inquiry under the Commissions Act, 1947 (Act No. 8 of
1947);
(b) the Minister may make rules by notice in the Gazette for the conduct of the
inquiry: Provided that the decision of the inquiry and the reasons therefor must be
reduced to writing;
(c) the DirectorGeneral must designate, subject to the provisions of the Public
Service Act, 1994 (Proclamation No. 103 of 1994), as many officers and employees