Submitting A Planning Or Environmental Appeal

   
Description

The appeals process allows interested and affected parties with a fair and just opportunity to challenge an environmental decision by our Department should they not be in agreement with the decision.

The provisions of the National Environmental Management Act, 1998 [“NEMA”] Environmental Impact Assessment (“EIA”) Regulations give effect to the right of appeal afforded by section 43 of NEMA. An appeal may be lodged with the Provincial Minister responsible for Environmental Affairs against a decision taken by the Department on an application for environmental authorisation.

The Provincial Minister may, after considering such an appeal, confirm, set aside or vary the decision, provision, condition or directive, or make any other appropriate decision.  No appeal is available if the Provincial Minister responsible for Environmental Affairs took a decision himself in his capacity as the competent authority.


The decisions by the Department that may be appealed to the Provincial Minister of Environmental Affairs are:


[1] Granting or refusal of environmental authorisation to undertake an activity listed in terms of the NEMA EIA Regulations.


[2] Amendment of an environmental authorisation either on application by an applicant or the Department on its own initiative.


[3] Amendment of an environmental management programme either on application by an applicant or the Department acting on its own initiative.


[4] Suspension of an environmental authorisation by the Department.

Supporting Documents

Appeal forms in terms of NEMA EIA regulations

EIA guideline on appeals

Appeal process

Mail Us

Office of the Premier 
Private Bag X5016 
Kimberley 
8301

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