INTEGRATED COASTAL MANAGEMENT ACT: APPEALS
Title: National Environmental Management: Integrated Coastal Management Act 24 of 2008: Appeal Regulations
Government Gazette Notice: GN R815 in GG 40128 of 8 July 2016
Effective date: 8 July 2016
These regulations pertain to the process to be followed on the processing and consideration of, and decisions on appeals, under section 74 read with section 83(1)(j) of the National Environmental Management: Integrated Coastal Management Act 24 of 2008 (NEMICMA). These Regulations are applicable to a decision that is subject to an appeal to the Minister or MEC in terms of section 74 of NEMICMA.
The following aspects are addressed in these Regulations:
• Lodgement of an appeal;
• Responding statements by the Minister or MEC;
• Processing of appeal;
• Decision on appeal; and
• Advisory appeal panel (that can be appointed by the appealing authority to assist in considering the appeal)
Any appeal that is pending when these regulations take effect must be administered in terms of NEMICMA. Any appeal submitted after the date that these regulations come into effect must be administered in terms of these regulations, read together with NEMICMA.
“So what” for my operation?
An appeal can be lodged by the following persons:
• A person who has been issued with a coastal protection notice or coastal access notice in terms of section 59 or a repair and removal notice in terms of section 60; or
• A person who is dissatisfied with any decision taken to issue, refuse, amend, suspend or cancel a coastal authorisation.
If your operation falls within one of these categories and is desirous to appeal against such decision, it must be ensured that the provisions of these Regulations are adhered to, together with the provisions of NEMICMA.
What is Shangoni’s approach?
Facilitation of appeal procedures and communication with governmental Authorities
Shangoni has extensive expertise in facilitating communication with various governmental Authorities on behalf of our clients in the mining and non-mining industry. This service includes the facilitation of appeal procedures against decisions made by governmental Authorities, such as the appeal procedure in terms of NEMICMA.