APPEAL IN TERMS OF SECTION 43(1A) OF THE NATIONAL ENVIROMENTAL MANAGEMENT ACT, 1998 AGAINST THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023 - 12/4/1/07/2/2

The Centre for Environmental Rights, acting on behalf of Appellants, submitted a statement to the Department of Forestry, Fisheries and the Environment opposing a request by Tetra4 (Pty) Ltd for condonation regarding the late filing of its responding statement in an appeal against an environmental authorisation granted on 13 July 2023.

• The Appellants oppose Tetra4's request for condonation for failing to meet the timeframes for submitting its responding statement, arguing that Tetra4 has not demonstrated any "exceptional circumstances" as required by Section 47CB(1) of the National Environmental Management Act (NEMA).
• The Appellants assert that their appeal was submitted on 8 August 2023, within the prescribed 20-day limit, whereas Tetra4's responding statement was due on 29 August 2023. Tetra4 only requested an extension or condonation from the Minister on 1 September, without copying the Appellants on that request.
• The Appellants argue that Tetra4's failure to meet the deadline is unjustified because the appeal was not voluminous. The appeal's grounds were 41 pages, with expert reports of 18 and 11 pages and other annexures totaling 7 pages, while Tetra4's own Final Environmental Impact Assessment Report (FEIAR) was 401 pages excluding appendices.
• The Appellants contend that they would be prejudiced if the late responding statement were condoned, while Tetra4 has not demonstrated any prejudice and has failed to address the merits of its condonation request.

APA

Centre for Environmental Rights (2023). APPEAL IN TERMS OF SECTION 43(1A) OF THE NATIONAL ENVIROMENTAL MANAGEMENT ACT, 1998 AGAINST THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023 - 12/4/1/07/2/2. https://cer.org.za/wp-content/uploads/2023/12/18-09-2023-CER-response-to-Tetra4-request-for-condonation.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL IN TERMS OF SECTION 43(1A) OF THE NATIONAL ENVIROMENTAL MANAGEMENT ACT, 1998 AGAINST THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023 - 12/4/1/07/2/2. 2023. https://cer.org.za/wp-content/uploads/2023/12/18-09-2023-CER-response-to-Tetra4-request-for-condonation.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL IN TERMS OF SECTION 43(1A) OF THE NATIONAL ENVIROMENTAL MANAGEMENT ACT, 1998 AGAINST THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023 - 12/4/1/07/2/2 |date=18 September 2023 |url=https://cer.org.za/wp-content/uploads/2023/12/18-09-2023-CER-response-to-Tetra4-request-for-condonation.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2023appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL IN TERMS OF SECTION 43(1A) OF THE NATIONAL ENVIROMENTAL MANAGEMENT ACT, 1998 AGAINST THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023 - 12/4/1/07/2/2}}, publisher = {Centre for Environmental Rights}, year = {2023}, month = sep, url = {https://cer.org.za/wp-content/uploads/2023/12/18-09-2023-CER-response-to-Tetra4-request-for-condonation.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }