SUBMISSIONS ON THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, DRAFT NATIONAL APPEAL REGULATIONS 2023

The Centre for Environmental Rights (CER) provided formal submissions on the Draft National Appeal Regulations 2023 under the National Environmental Management Act (NEMA), 1998. The CER argues that several proposed regulations create barriers to public participation, violate principles of administrative justice, and are inconsistent with existing NEMA provisions, particularly regarding appeal timeframes and the use of standardized forms.

• The CER opposes the proposed 20-calendar-day limit for submitting appeals, arguing it is insufficient for interested and affected parties (IAPs) and directly affected communities to prepare meaningful appeals or obtain expert opinions. They contend this timeframe violates the South African Constitution, the Promotion of Administrative Justice Act (PAJA), and NEMA's environmental management principles.
• The CER argues that requiring appeals to be submitted using a specific form obtainable from the appeal administrator limits the ability of appellants to present complex legal, scientific, and technical information. They suggest the form should only serve as a guideline.
• The CER opposes the introduction of a payment requirement for lodging appeals, stating that such a fee would act as a barrier for IAPs who did not request the license being appealed.
• The CER suggests that the definition of "independent" should be expanded to include experts, not just members of an appeal panel, and that both the lack of interest and the lack of compromising circumstances must be met rather than being alternatives.
• Regarding the inclusion of the Minister responsible for mineral resources as an appeal authority, the CER recommends specific wording for the definitions of "appeal administrator" and "appeal authority" to ensure this addition does not detract from the Agreement defined in section 50A(2) of NEMA.
• The CER recommends that timeframes for responses should run from the date of receipt rather than the date of dispatch, particularly because registered post is an acceptable mode of delivery and the postal service is unreliable.

APA

Centre for Environmental Rights (2023). SUBMISSIONS ON THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, DRAFT NATIONAL APPEAL REGULATIONS 2023. https://cer.org.za/wp-content/uploads/2023/09/26-09-2023-CER-comments-on-draft-NEMA-Appeal-Regulations.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, DRAFT NATIONAL APPEAL REGULATIONS 2023. 2023. https://cer.org.za/wp-content/uploads/2023/09/26-09-2023-CER-comments-on-draft-NEMA-Appeal-Regulations.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, DRAFT NATIONAL APPEAL REGULATIONS 2023 |date=26 September 2023 |url=https://cer.org.za/wp-content/uploads/2023/09/26-09-2023-CER-comments-on-draft-NEMA-Appeal-Regulations.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2023submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, DRAFT NATIONAL APPEAL REGULATIONS 2023}}, publisher = {Centre for Environmental Rights}, year = {2023}, month = sep, url = {https://cer.org.za/wp-content/uploads/2023/09/26-09-2023-CER-comments-on-draft-NEMA-Appeal-Regulations.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }