APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
Summary
The Centre for Environmental Rights, acting on behalf of groundWork and Earthlife Africa, submitted an appeal to the Minister of Forestry, Fisheries and the Environment on 9 February 2022. The appeal seeks to set aside decisions made by the National Air Quality Officer on 30 October 2021 regarding Eskom's applications for alternative limits and the postponement and suspension of compliance timeframes under the National Environmental Management: Air Quality Act 39 of 2004 Minimum Emission Standards.
Key insights
- On 9 February 2022, the Centre for Environmental Rights submitted an appeal on behalf of groundWork and Earthlife Africa to the Minister of Forestry, Fisheries and the Environment to overturn decisions issued on 30 October 2021 by the National Air Quality Officer (NAQO).
- The appeal was filed pursuant to Section 43(2) of the National Environmental Management Act, 1998, and follows the requirements of regulation 4(2)(a) of the National Environmental Management National Appeal Regulations, 2014.
- The submission included detailed grounds of appeal (Annexure A), supporting documentation (Annexures A1 to A4), a completed Department of Forestry, Fisheries and Environment Appeal Questionnaire, and the prescribed Department of Environmental Affairs Appeal Response Form.
Cite the original document
- APA
- Centre for Environmental Rights (2022). APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS. https://cer.org.za/wp-content/uploads/2022/02/Eskom-MES-Appeal-Cover-Letter-9-February-2022.pdf?x21779
- Chicago
- Centre for Environmental Rights. APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS. 2022. https://cer.org.za/wp-content/uploads/2022/02/Eskom-MES-Appeal-Cover-Letter-9-February-2022.pdf?x21779.
- Wikipedia
- {{cite press release |author=Centre for Environmental Rights |title=APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS |date=9 February 2022 |url=https://cer.org.za/wp-content/uploads/2022/02/Eskom-MES-Appeal-Cover-Letter-9-February-2022.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{centreforenvironmentalrights2022appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS}}, publisher = {Centre for Environmental Rights}, year = {2022}, month = feb, url = {https://cer.org.za/wp-content/uploads/2022/02/Eskom-MES-Appeal-Cover-Letter-9-February-2022.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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