| (1) |
Any person who appeals in terms of section 96 of the Act against an administrative decision, must: |
| (a) |
lodge at the Regional Office a written notice of appeal to the Director-General or to the Minister. as the case may be; |
| (b) |
serve in terms of section 97 of the Act a copy of the notice of appeal on any other person whose rights may, in the opinion of the appellant, be affected by the outcome of the appeal and who must be listed in the notice of appeal, and in writing inform such person of such person's rights in terms of subregulation (9); and |
| (c) |
notify the Director-General or the Minister, as the case may be, in writing that a notice of appeal has been lodged at the Regional Office, and submit a copy of such notice to the Director-General or to the Minister, as the case may be. |
| (2) |
The notice of appeal referred to in subregulation (1) must be submitted within 30 days of the date of the appellant becoming aware of the decision in respect of which the appeal is lodged. |
| (3) |
The Regional Manager must: |
| (a) |
within 10 days of receiving a notice of appeal, identify any other person whose rights may, in the opinion of the Regional Manager, be affected by the outcome of the appeal and who is not already listed in the notice of appeal received in terms of sub-regulation (1); |
| (b) |
give written notice to the appellant of the identity and contact details of such further affected person; |
| (c) |
submit a copy of such notice contemplated in subregulation (3)(b) to the Director-General or the Minister, as the case may be; and |
| (d) |
require the appellant to serve in terms of section 97 of the Act a copy of the notice of appeal on such further identified person within 14 days of receipt by appellant of the Regional Manager's notice in terms of subregulation {3)(b). |
| (4) |
The Director-General or the Minister as the case may be, may, upon application and on good cause shown, condone and extend the time periods prescribed in this regulation. |
| (5) |
The notice of appeal must be accompanied by an affidavit which must: |
| (a) |
clearly state the decisions appealed against; |
| (c) |
clearly set out the grounds on which the appeal is based; |
| (d) |
list the affected persons contemplated in subregulation (1)(b); and |
| (e) |
be accompanied by supporting documentation referred to in the affidavit. |
| (6) |
The appellant must submit proof of service to the Regional Office with copies to the Director-General or to the Minister, as the case may be. |
| (7) |
The appeal must be accompanied, or followed within 14 days of lodgement, by the payment of a non-refundable appeal fee referred to in regulation 75(1)(f). |
| (8) |
Upon receipt of the notice of appeal referred to in subregulation (1), but no later than 10 days thereafter, the Regional Manager must send copies of all records pertaining to the decision or decisions which are the subject of the appeal to the appellant, to all identified affected persons, and to the Director-General or to the Minister, as the case may be. |
| (9) |
A third party receiving a copy of an appeal referred to in subregulation (1) may submit to the Regional Manager with a copy to the Director-General or to the Minister, as the case may be, an answering affidavit, and serve on the appellant a copy thereof, within 30 days of receipt of the copy of the appeal, setting out: |
| (a) |
the extent and nature of his or her rights; |
| (b) |
how the outcome of the appeal may affect his or her rights; and |
| (c) |
any other information pertaining to the grounds of appeal set out in the notice of appeal; and must within such 30 day period notify the Director-General or the Minister, as the case may be, in writing that such answering affidavit was filed, together with proof of submission and service thereof. |
| (10) |
The appellant after having received a copy of the record of decision as contemplated in subregulation (8) and after receiving any answering affidavit from affected parties referred to in subregulation (9): |
| (a) |
may submit to the Regional Manager, together with proof of service of a copy thereof on the affected party or parties, an amended notice of appeal relating to aspects flowing from the record of decision, or a replying affidavit to any answering affidavit, within 30 days after having being served with the affected party or parties answering affidavit or on expiry of the 30 day period in subregulation (9); and |
| (b) |
must give written notice to the Director-General or to the Minister, as the case may be, that an amended notice of appeal or a replying affidavit has been submitted to the Regional Manager, together with proof of service of a copy thereof on the affected parties. |
| (11) |
The Regional Manager must within 10 days of filing by the Appellant of his or her replying affidavit or the expiry of the period referred to in subregulation (10), submit to the Director-General or to the Minister, as the case may be, copies of: |
| (a) |
the notice of appeal with all required annexures; |
| (b) |
proof of service in terms of subregulations (6) and (10)(a); |
| (c) |
all documentation pertaining to the decision or decisions subject to the appeal as contemplated in subregulation (8); |
| (d) |
all answering affidavits received from third parties who may be affected by the outcome of the appeal, if any; and |
| (e) |
any amended notice of appeal or any replying affidavits by the appellant, if any. |
| (12) |
All notices required to be given to the Director-General or to the Minister. as the case may be.in terms of this regulation shall be forwarded to the following addresses: |
The Minister or The Director-General
Department of Mineral Resources and Energy
Private Bag X 59
Arcadia
0007
FOR ATTENTION: THE CHIEF DIRECTOR: LEGAL SERVICES
Department of Mineral Resources and Energy
2nd Floor, Block 2 B
Trevenna Campus
c/o Meintjes & Francis Baard Streets
Sunnyside
FOR ATTENTION: THE CHIEF DIRECTOR: LEGAL SERVICES.
| (13) |
The Director-General or the Minister, as the case may be, must, within 60 days of receipt of all information contemplated in subregulation (11) either: |
| (a) |
confirm the administrative decision concerned; |
| (b) |
set aside the administrative decision concerned with or without a remittal with or without directions, of the matter to the decision-maker for reconsideration; |
| (c) |
amend the administrative decision concerned; or |
| (d) |
substitute any other administrative decision for the administrative decision concerned. |
| (14) |
The Director-General or the Minister, as the case may be, must, within 14 days after the appeal decision has been made, notify the appellant, affected parties and the Regional Manager, of the decision with reasons therefor. |
| (15) |
The Minister will use the Minister's best endeavours to arrange with the Minister of Environmental Affairs that if appeals are received in terms of section 96(1) of the Act and in terms of section 43(1A) of the National Environmental Management Act, 1998, that relate to decisions taken in respect of the same proposed prospecting, mining, exploration or production operation, that: |
| (a) |
a copy of the appeal lodged in terms of section 96(1) of the Act will be sent to the Minister of Environmental Affairs and a copy of the appeal lodged in terms of section 43(1A) of the National Environmental Management Act, 1998 will be sent to the Director-General or to the Minister, as the case may be; and |
| (b) |
the Director-General or the Minister as the case may be, and the Minister of Environmental Affairs, will co-ordinate the finalisation of both appeals. |
| (16) |
Notwithstanding the provisions of section 97 of the Act, service of documents in terms of this regulation may be effected by way of electronic transmission to the designated e-mail addresses of the persons contemplated in this regulation. |
| (17) |
These regulations shall not apply to appeals lodged prior to the coming into operation of the Amendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020. |
[Regulation 74 substituted by Notice No. R. 420, G43172, dated 27 March 2020]
Contingency Fees Act, 1997
