ENVIRONMENTAL MANAGEMENT: NEW APPEAL REGULATIONS GAZETTED AND IN FORCE

The Department of Forestry, Fisheries & the Environment has gazetted new appeal regulations under the 1998 National Environmental Management Act, repealing and replacing two sets of secondary legislation:

  • December 2014 regulations under the Act itself, and
  • July 2016 regulations under the 2008 National Environmental Management: Integrated Coastal Management Act.

Immediately effective, the new regulations were released in draft form in August 2023 for public comment, as SA Legal Academy reported at the time. They prescribe the procedures to be followed when submitting, processing, considering and determining the outcome of appeals against decisions made under the National Environmental Management Act, as well as any sector-specific environmental management legislation.

Regarding transitional arrangements:

  • any pending appeal submitted before the commencement of the new regulations ‘must be finalised in terms of legislation applicable at the time of submission’, including
    • environmental waste management-related appeals submitted after December 2014 under:
      • the 2008 Environmental Management: Waste Act
      • any previously prevailing environmental impact assessment regulations, and
      • the 2015 national appeal amendment regulations.

Please click the link below for more information:

Published by SA Legal Academy Policy Watch

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