National Appeal Amendment Regulations, 2015 (No. R. 205 of 2014)

NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998) NATIONAL APPEAL AMENDMENT REGULATIONS I, Borne Edith Edna Molewa, Minister of Environmental Affairs, hereby amend the National Appeal Regulations, 2014 published under Government Notice No. 993 in Government Gazette No. 38303 of 8 December 2014, in terms of Section 44(1)(a), 43(4) and 47A(1)(b) of the National Environmental Management 998 (Act No. 107 of 1998) as set out in the Schedule hereto. BOMO ED H ED A MOLEWA MINISTER OF ENVIRONMENTAL AFFAIRS SCHEDULE Definition 1. In these Regulations "the principal Regulations' means the National Appeal Regulations, 2014, published under Government Notice No, R 993 of 8 December 2014. Amendment of Regulation 1 of the principal Regulations 2. Regulation 1 of the principal Regulations are amended by (a) the insertion after the definition of "decision-maker" of the following definitions: "Environmental Impact Assessment Regulations, 2006" means the Environmental Impact Assessment Regulations, 2006 published under Government Notice No. R. 385 of 21 April 2006; "Environmental Impact Assessment Regulations, 2010' means the Environmental Impact Assessment Regulations, 2010 published under Government Notice No, R. 543 of 2 August 2010;" and GOVERNMENT NOTICE DEPARTMENT OF ENVIRONMENTAL AFFAIRS No. R. 205 12 March 2015 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 12 MAART 2015 No. 38559 3 (b) placing the definition of "applicant" in the correct alphabetical order after "appellant' Amendment of regulation 10 of the principal Regulations 3. Regulation 10 of the principal Regulations is hereby amended) (a) by the substitution for sub-regulation (2) of the following sub-regulation: a(2) An appeal lodged after 8 December 2014 against a decision taken (a) in relation to a waste management license or integrated in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), which followed the processes in the regulations referred to in paragraph (b) and (c); (b) in terms of the Environmental Impact Assessment Regulations, 2006; (c) or in terms of the Environmental Impact Assessment Regulations, 2010, must despite the repeal of the regulations referred to in paragraphs (b) and (c) be dispensed with in terms of the Environmental Impact Assessment Regulations, 2010 as if those regulations have not been repealed: Provided In the instance where a decision was taken after 8 December 2014, but prior to the publication of the National Appeal Amendment Regulations, 2015, and the applicant was informed in such decision to follow a different appeal process than the process indicated in sub-regulation (2), the appeal process indicated in such decision must be followed, unless otherwise informed by the relevant appeal authority. "; and (b) by the addition of the following sub-regulations: (3) For all decisions, other than decisions in sub-regulation (2) (a) an appeal lodged after 8 December 2014 against a decision taken prior to 8 December 2014, must follow the appeal process applicable at the time of the decision; and (b) an appeal lodged after 8 December 2014 against a decision taken after 8 December 2014, in terms of the legislation indicated in regulation 3 of these Regulations, must be submitted, processed and considered in terms of these Regulations.", Short title 4. These regulations are called the National Appeal Amendment Regulations, 2015 38559—1 This gazette is also available free online at www.gpwonline.co.za 4 No. 38559 GOVERNMENT GAZETTE, 12 MARCH 2015 Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Publications: Tel: (012) 748 6052, 748 6053, 748 6058 Advertisements: Tel: (012) 748 6205, 748 6208, 748 6209, 748 6210, 748 6211 Subscriptions: Tel: (012) 748 6054, 748 6055, 748 6057