| (1) |
A person to whom a coastal protection notice or coastal access notice in terms of section 59 or a repair and removal notice in terms of section 60, has been issued, may lodge a written appeal against that notice with— |
| (a) |
the Minister, if the notice was issued by an MEC or by a person exercising powers which have been delegated by the Minister to such person in terms of this Act; or |
| (b) |
the MEC of the province concerned, if the notice was issued by a municipality in that province or by a person exercising powers delegated by the MEC in terms of this Act. |
| (2) |
A person who is dissatisfied with any decision taken to issue, refuse, amend, suspend or cancel a coastal authorisation may lodge a written appeal against that decision with— |
[Words preceding subsection (2)(a) substituted by section 43 of Act No. 36 of 2014]
| (a) |
the Minister, if the decision was taken by a person exercising powers which have been delegated by the Minister to such person in terms of this Act; or |
| (b) |
the MEC of the province concerned, if the decision was taken by— |
| (i) |
a person exercising powers granted or delegated to the MEC that have been delegated by the MEC; |
| (iii) |
a municipality in that province. |
| (3) |
An appeal made under subsection (1) or (2) must— |
| (a) |
be lodged within 30 days of the appellant being given the notice in terms of section 59 or 60, or being notified of the decision, or if the appellant is not given a notice or notified of the decision, within 60 days of the relevant decision being announced; |
| (b) |
state clearly the grounds of the appeal; |
| (c) |
state briefly the facts on which the appellant relies and include any relevant information that was not placed before the decision-maker and which the appellant believes should be considered on appeal; and |
| (d) |
comply with any other requirements that may be prescribed. |
| (4) |
An appeal under this section does not suspend an authorisation or an exemption, or any provision or condition of an authorisation, or any notice issued under Chapter 7, unless the Minister or MEC directs otherwise. |
| (5) |
The Minister or MEC may, on good cause shown, extend the period within which an appeal may be lodged in terms of this Chapter. |
| (6) |
The Minister or MEC may dismiss an appeal that he or she considers to be trivial, frivolous or manifestly without merit. |
Housing Development Agency Act, 2008
