National Environmental Management Act, 1998 (Act No. 107 of 1998)National Appeal Regulations, 2014Chapter 3 : General Matters10. Transitional arrangements |
| (1) | An appeal lodged prior to the commencement of these Regulations, and which is still pending when these Regulations takes effect, must be finalised in terms of the legislation that applied at the time when the appeal was lodged. |
(2) An appeal lodged after 8 December 2014 against a decision taken—
| (a) | in relation to a waste management license or integrated in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), which followed the processes in the regulations referred to in paragraph (b) and (c); |
| (b) | in terms of the Environmental Impact Assessment Regulations, 2006; or |
| (c) | in terms of the Environmental Impact Assessment Regulations, 2010, |
must despite the repeal of the regulations referred to in paragraphs (b) and (c) be dispensed with in terms of the Environmental Impact Assessment Regulations, 2010 as if those regulations have not been repealed: Provided In the instance where a decision was taken after 8 December 2014, but prior to the publication of the National Appeal Amendment Regulations, 2015, and the applicant was informed in such decision to follow a different appeal process than the process indicated in sub-regulation (2), the appeal process indicated in such decision must be followed, unless otherwise informed by the relevant appeal authority.
[Regulation 10(2) substituted by regulation 3(a) of Notice No. R. 205, GG 38559, dated 12 March 2015]
| (3) | For all decisions, other than decisions in sub-regulation (2)— |
| (a) | an appeal lodged after 8 December 2014 against a decision taken prior to 8 December 2014, must follow the appeal process applicable at the time of the decision; and |
| (b) | an appeal lodged after 8 December 2014 against a decision taken after 8 December 2014, in terms of the legislation indicated in regulation 3 of these Regulations, must be submitted, processed and considered in terms of these Regulations |
[Regulation 10(3) inserted by regulation 3(b) of Notice No. R. 205, GG 38559, dated 12 March 2015]