Key Benefits:
14. Validity of an authorisation
An authorisation granted under section 12 (1) (a) shall be valid for such period as may be stipulated therein and may be subject to renewal at the end of such period.
15. Revocation or modification of authorisation
(1) The competent authority may revoke or modify an authorisation to implement an activity where there is an unanticipated irreversible adverse environmental impact, or a developer fails to comply with any term or condition subject to which the developer's authorisation was issued.
(2) The competent authority shall not revoke or modify any authorisation granted to a developer until the competent authority has, by notice in writing, given the opportunity to the developer concerned, to -
(a) rectify any contravention; or
(b) show cause, within a period not exceeding 21 days from the date of such notice, why the authorisation should not be revoked or modified.
(3) The competent authority shall publish a notice of any revocation or modification made under this section, in two consecutive issues of-
(a) the Gazette; and
(b) two newspapers in circulation in Botswana.
(1) No person shall transfer, assign or encumber in any way, without the written consent of the competent authority, an authorisation issued under section 12 (1) (a).
(2) A person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding P2 000, or to imprisonment for a period not exceeding three months, or to both.
17. Decision making by competent authority
In assessing applications for an authorisation under this Act, and in making a decision as to whether it ought to issue or renew an authorisation under this Act, the competent authority shall take into account the contents of the terms of reference, the statement, the recommendations of other government departments, local authorities and the comments and objections of interested persons and the public.
