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Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Chapter 7 : General and Miscellaneous Provisions

96. Internal appeal process and access to courts

 

(1) Any person whose rights or legitimate expectations have been materially and adversely affected or who is aggrieved by any administrative decision in terms of this Act may appeal within 30 days becoming aware of such administrative decision in the prescribed manner to—
(a) the Director-General, if it is an administrative decision by a Regional Manager or any officer to whom the power has been delegated or a duty has been assigned by or under this Act;
(b) the Minister, if it is an administrative decision that was taken by the Director-General or the designated agency.

[Section 96(1) substituted by section 68(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(2)
(a) An appeal in terms of subsection (1) does not suspend the administrative decision, unless it is suspended by the Director-General or the Minister, as the case may be.
(b) Any subsequent application in terms of this Act must be suspended pending the finalisation of the appeal referred to in paragraph (a).

[Section 96(2) substituted by section 68(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(3) No person may apply to the court for the review of an administrative decision contemplated in subsection (1) until that person has exhausted his or her remedies in terms of that subsection.

 

(4) Sections 6, 7(1) and 8 of the Promotion of Administrative Justice Act, 2000 (Act No.3 of 2000), apply to any court proceedings contemplated in this section.