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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

3. Application of Regulations


(1) These Regulations are applicable to an appeal in terms of section 43 of the Act to the Minister or MEC against a decision taken in terms of the:
(a) Environment Conservation Act, 1989 (Act No. 73 of 1989);
(b) National Environmental Management Act, 1998 (Act No. 107 of 1998);
(c) National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);
(d) National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004); or
(e) National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);

and subordinate legislation made in terms of any of these Acts.


(2) No appeal is available if the Minister or MEC took the decision himself or herself in his or her capacity as the competent authority, issuing authority or licensing authority.


(3) An appeal against a decision by an official or municipal manager acting under delegated authority from a metropolitan, district or local municipality must be submitted, processed and considered in terms of section 62 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000).