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National Environmental Management Act, 1998 (Act No. 107 of 1998)

National Appeal Regulations, 2014

Chapter 1 : Interpretation and Purpose of Regulations

1. Interpretation

 

(1) In these Regulations any word or expression to which a meaning has been assigned in the Act, and unless the context requires otherwise—

 

"appeal administrator"

means a holder of an office in the Department or Provincial Department responsible for environmental affairs who administers the appeal on behalf of the appeal authority;

 

"appeal authority"

is the Minister, the MEC or a person delegated the power to decide on appeals by the Minister or MEC, as the case may be;

 

"appellant"

means any person who is entitled to submit an appeal in terms of the legislation referred to in regulation 3(1) of these Regulations;

 

"decision-maker"

means an official who has been delegated the authority to make a decision in terms of the laws referred to in regulation 3(1) of these Regulations;

 

"applicant"

means a person to whom a decision has been issued in terms of the Act or specific environmental management Act;

 

"independent",

in relation to a person appointed as a member of an appeal panel or a person providing an appeal authority with expert advice as contemplated in regulation 6 of these Regulations, means—

(a) that such a person has no business, financial, personal or other interest in the appeal in respect of which that person is appointed in terms of these Regulations other than fair remuneration for work performed in connection with that appeal; and
(b) that there are no circumstances that may compromise the objectivity of that person in performing such work;

 

"the Act"

means the National Environmental Management Act, 1998 (Act No. 107 of 1998).

 

(2) When a period of days must be reckoned in terms of these Regulations, the period must be reckoned as from the start of the day following that particular day to the end of the last day of the period, but if the last day of the period falls on a Saturday, Sunday or public holiday, that period must be extended to the end of the next day which is not a Saturday, Sunday or public holiday, and the period of 15 December to 5 January must be excluded from the reckoning of days.

 

(3) Where a prescribed timeframe is affected by one or more public holidays, the timeframe must be extended by the number of public holiday days falling within that timeframe.