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).|
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