PUBLIC COMMENT INVITED ON NEW ENVIRONMENTAL APPEAL REGULATIONS

DRAFT NATIONAL APPEAL REGULATIONS, 2023

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NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998

(ACT NO. 107 OF 1998)

DRAFT NATIONAL APPEAL REGULATIONS, 2023

25 August 2023 - The Minister of Forestry, Fisheries and the Environment, has published for public comment, the draft regulations pertaining to the processing, consideration of, and decisions on appeals, in terms of sections 43, section 44(1)(b) and 47 of the National Environmental Management Act,1998 (Act No. 107 of 1998).

These regulations will apply for instance, to appeals against environmental authorisations and directives.

The new draft regulations cover aspects such as:

1. Submitting an appeal and timeframes for lodging appeals (20 days) including appeals against directives (30 days).

2. Timeframes and procedures for submitting Responding statements, Answering statements and additional information.

3. Timeframes within which the appeal authority must reach a decision on an appeal.

4. Timeframes associated with appeals of a complex nature.

5. Requirements for an Advisory Appeal Panel

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Any person who wishes to submit representations or comments in connection with the Draft National Appeal Regulations, 2023 is invited to do so within 30 calendar days.

Due date for comments is : Monday, September 25, 2023

All representations and comments must be submitted in writing to the Department:

By e-mail: draftappealregulations@dffe.gov.za

Download the Draft Regulations HERE.