ADMINISTRATION AND PROCESSING OF APPEALS

Appeals Process

• The Minister of Forestry, Fisheries and the Environment (the minister) is the appeal authority over decisions taken by the officials within the Department of Forestry, Fisheries and the Environment in terms of the following statutes:
• Section 43(1) of the National Environmental Management Act (NEMA), Act No. 107 of 1998 
• Section 80 of the Marine Living Resources Act (MLRA), Act No. 18 of 1998 
• Chapter 9 of the Integrated Coastal Management Act (ICMA), Act No. 24 of 2008
• Section 74 read with section 75 of the Promotion of Access to Information Act (PAIA), Act No. 2 of 2000.

The minister is also the appeal authority in terms of section 43(1A) of NEMA over environmental decisions taken by the Minister of Mineral Resources or his delegated authority on mining and mining related activities in terms of NEMA.

Appeals in terms of the MLRA

Section 80 of the MLRA states:

(1) Any affected person may appeal to the minister against a decision taken by any person acting under a power delegated in terms of this act or section 238 of the Constitution.
(2) An appeal under subsection (1) must be noted and shall be dealt with in the manner and in accordance with the procedure prescribed by the minister.
(3) The minister shall consider any matter submitted to him or her on appeal, after giving every person with an interest in the matter an opportunity to state his or her case.

The procedure for the submission and consideration of an appeal in terms of the MLRA is set out in Regulation 5 of the Regulations in terms of the Marine Living Resources Act, 1998.

Appeals in terms of the ICMA

Section 74 of the ICMA provides as follows:

(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.

The procedure for the submission and consideration of an appeal in terms of the ICMA is set out in section 74(3) of the act read with the Integrated Coastal Management Appeal Regulations, 2016.

Appeals in terms of PAIA

Section 74 of PAIA, provides as follows:

(1) A requester may lodge an internal appeal against a decision of the information officer of a public body as defined in section l—
(a) to refuse a request for access; or
(b) in terms of section 22, 26(1) or 29(3), in relation to that requester with the relevant authority.
(2) A third party may lodge an internal appeal against a decision of the information officer of a public body as defined in section 1, to grant a request for access.

The manner of internal appeal, are set out in Section 75 of PAIA.

Applicable legislation

• National Environmental Management Act, 1998 (as amended) (Act No. 107 of 1998)
• National Appeal Regulations, 2014 (as amended) (GG 38303-GN 993)
• Environmental Impact Assessment Regulations, 2010 (G33306-GN 543)
• Environmental Impact Assessment Regulations, 2014 (G38282 – GN 982 - 985)
• National Environmental Management: Biodiversity Act (10 of 2004)
• Alien and Invasive Species Regulations, 2014 (GG 37885- GN 598)
• National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)               
• Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)
• Mineral and Petroleum Resources Development Act, 2008 (Act No.49 of 2008)
• Promotion of Access to Information Act, 2000 (Act No.2 of 2000)

Downloads

• Appeals guideline document [PDF - 210 kb]
• Form: notice of intention to appeal against environmental authorisation (EA) / waste management licence (WML) [Docx]
• Appeals should be submitted in the prescribed form known as the:
  • Appeal response report (ARR) [Docx]

Submission of appeals

• Appeals in terms of:
  • section 43(1) of NEMA are to be submitted to: appeals@dffe.gov.za
  • section 80 of the MLRA are to be submitted to: MLRAappeals@dffe.gov.za
  • chapter 9 of the ICMA are to be submitted to: appeals@dffe.gov.za
  • section 74 of PAIA are to be submitted to: PAIAappeals@dffe.gov.za

Appeals in terms of NEMA

Section 43 of NEMA, provides as follows:

(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 the 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.

The procedure for the submission and consideration of an appeal in terms of the section 43 of NEMA is set in the National Appeal Regulations, 2014.

APPEALS PROCESSING, ADMINISTRATION AND CONTACTS

Administration and processing of appeals submitted to the minister in terms of section 43(1) and 43(1A) of NEMA

Should an appellant require any guidance, please refer to the guideline document or contact:

The Directorate: Appeals and Legal Review (Pretoria)
Mrs H van Schalkwyk
Tel: 012 399 8835
E-mail: hvanschalkwyk@dffe.gov.za

Administration and processing of appeals submitted to the minister in terms of section 74 of PAIA

Should an appellant require any guidance, please refer to the guideline document or contact:

E-mail: nntelzi@dffe.gov.za

Administration and processing of appeals submitted to the minister in terms of section 80 of the MLRA and section 74 of the ICMA

Should an appellant require any guidance, please refer to the guideline document or contact:

The Directorate: Appeals and Legal Review (Cape Town)
Adv S Rawat
Tel: 021 402 3178
E-mail:srawat@dffe.gov.za