National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 9 : Administration of Act and Specific Environmental Management Acts43. Appeals |
| (1) | Any person may appeal to the Minister against a decision taken by any person acting under a power delegated by the Minister under this Act or a specific environmental management Act. |
| (1A) | Any person may appeal to the Minister against a decision made in terms of this Act or any specific environmental management Act by the Minister responsible for mineral resources or any person acting under his or her delegated authority. |
[Section 43(1A) substituted by section 43(a) of Act No. 25 of 2014]
| (1B) | [Section 43(1B) deleted by section 43(b) of Act No. 25 of 2014]. |
| (2) | Any person may appeal to an MEC against a decision taken by any person acting under a power delegated by that MEC under this Act or a specific environmental management Act. |
| (3) | [Section 43(3) deleted by the National Environmental Management Amendment Act No. 62 of 2008]. |
| (4) | An appeal under subsection (1), (1A) or (2) must be noted and must be dealt with in the manner prescribed and upon payment of a prescribed fee. |
[Section 43(4) amended by section 14(a) of Act No. 25 of 2014]
| (5) | The Minister or an MEC, as the case may be, may consider and decide an appeal or appoint an appeal panel to consider and advise the Minister or MEC on the appeal. |
| (6) | The Minister or an MEC may, after considering such an appeal, confirm, set aside or vary the decision, provision, condition or directive or make any other appropriate decision, including a decision that the prescribed fee paid by the appellant, or any part thereof, be refunded. |
| (7) | An appeal under this section suspends an environmental authorisation, exemption or any other decision made in terms of this Act or any other specific environmental management Act, or any provisions or condition attached thereto, except for a directive or other administrative enforcement notice that is aimed at addressing significant harm to the environment, issued in terms of this Act or any other specific environmental management Act. |
[Section 43(7) substituted by section 35(b) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (8) | A person who receives a directive in terms of section 28(4) may lodge an appeal against the decision made by the Director-General or any person acting under his or her delegated authority, the Director-General of the department responsible for mineral resources or any person acting under his or her delegated authority, the provincial head of the department or any person acting under his or her delegated authority or the municipal manager of a municipality or any person acting under his or her delegated authority, to the Minister, the Minister responsible for mineral resources, the MEC or the municipal council, as the case may be, within 30 days of receipt of the directive, or within such longer period as the Minister, the Minister responsible for mineral resources, MEC or municipal council may determine. |
[Section 43(8) substituted by section 35(b) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (9) | Despite subsection (7), pending the finalisation of the appeal, the Minister, the Minister responsible for mineral resources, the MEC or municipal council, as the case may be, may, on application and on good cause shown, direct that— |
| (a) | the environmental authorisation, exemption or any other decision made in terms of this Act or any other specific environmental management Act, or any provision or condition attached thereto may wholly or in part, not be suspended; or |
| (b) | the directive or any administrative enforcement notice that is aimed at addressing significant harm to the environment, issued in terms of this Act or any other specific environmental management Act or part thereof, be suspended. |
[Section 43(9) substituted by section 35(b) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (10) | A person who receives a directive and who wishes to lodge an appeal in terms of subsection (8) may make representations to the Minister, the Minister responsible for mineral resources or MEC, as the case may be, to suspend the operation of the directive or any part of the directive pending the finalisation of the appeal. |
[Section 43(10) inserted by section 14(c) of Act No. 25 of 2014]
| (11) | After considering the appeal lodged in terms of subsection (8) and any other relevant information, the Minister, the Minister responsible for mineral resources or MEC, as the case may be— |
| (a) | may confirm, modify or cancel a directive or any part of a directive; and |
| (b) | may specify the period within which the person who received the directive must comply with any part of the directive that is confirmed or modified. |
[Section 43(11) inserted by section 14(c) of Act No. 25 of 2014]