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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations

National Appeal Regulations, 2025

Chapter 3: General Provisions

13. Transitional arrangements

 

(1) An appeal submitted prior to the commencement of these regulations, and which is still pending when these regulations take effect, must be finalised in terms of the legislation that applied at the time when the appeal was submitted.

 

(2) Any appeal submitted after the date that these regulations come into effect must be administered in terms of these regulations, read together with the Act.

 

(3) An appeal lodged after 8 December 2014 against a decision taken—
(a) in relation to a waste management license in terms of the National Environmental Management: Waste Act 2008 (Act No. 59 of 2008), or integrated environmental authorisation which followed the processes in the regulations referred to in paragraphs (b) and (c);
(b) in terms of the Environmental Impact Assessment Regulations, 2006; or
(c) 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to in paragraphs (b) and (c), be dispensed with in terms of those regulations as if those regulations have not been repealed.

 

(4) 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 (3), the appeal process indicated in such decision must be followed.

 

(5) For all decisions other than decisions contemplated in sub-regulations (3) and (4), an appeal submitted 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.