The Minister of Environmental Affairs has, under section 44(1)(a) read with section 43(4) of the NEMA, published regulations pertaining to the submission, processing, consideration of and decision on appeals.
The regulations are applicable to an appeal in terms of section 43 of the NEMA to the Minister or MEC against a decision taken in terms of the NEMA, NEM:BA, NEM:WA, ECA, NEM:AQA and all subordinate legislation made in terms of these Acts. No appeal is available if the Minister or MEC took the decision himself or herself in his or her capacity as the competent authority, issuing authority or licencing authority.
