| (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). |
