APPEAL

  1. May a decision by the Competent Authority be Appealed?
  2. Who do I Appeal to?
  3. I want to Appeal a Competent Authority's decision, how do I initiate Appeal proceedings?
  4. How will I know if a Developer/Applicant decides to Appeal a decision?
  5. Where do I lodge the Notice of Intention to Appeal?
  6. After lodging the Notice of Intention to Appeal, what is the next step?
  7. Is there a specific format the Appeal should be in?
  8. After submission of the actual Appeal, what happens next?
  9. Will I, as the Appellant, be allowed to answer to the Responding Statement?
  10. What will happen if I can not make any of the above timeframes for submission?

 May a decision by the Competent Authority be Appealed?

Yes. Any person affected by the decision may Appeal the decision.

Q: Who do I Appeal to?

If the Competent Authority is the National Department of Environmental Affairs and Tourism (DEAT), the Appeal should be to the Minister. If the Competent Authority is the Provincial Department of Environment, the Appeal should be lodged with the MEC of the province. No Appeal is however provided where the Minister or MEC made the decision themselves.

Q: I want to Appeal a Competent Authority's decision, how do I initiate Appeal proceedings?

Within 10 days of being notified of the Competent Authority's decision, you will have to lodge a Notice of Intention to Appeal. This notice does not have to contain your detailed reasons for appealing. You, as the person Appealing the decsion, will be known as the Appellant. You must also provide the Applicant/Developer with a copy of your Notice of Intention to Appeal.

How will I know if a Developer/Applicant decides to Appeal a decision?

If the Applicant/Developer however chooses to Appeal a decision, he/she will be known as the Appellant and have to provide all registered Interested and Affected Parties with a copy of the Notice of Intention to Appeal. Information on where and for what period the Appeal submission will be available for inspection must also be provided.

Q: Where do I lodge the Notice of Intention to Appeal?

If the Competent Authority is the Provincial Department of Environment, your Appeal should be lodged with the MEC of the Province and a copy submitted to the Applicant/Developer. If the Competent Authority is the National Department of Environmental Affairs and Tourism (DEAT), your Appeal should be lodged with the Minister and a copy given to the Applicant/Developer.

Q: After lodging the Notice of Intention to Appeal, what is the next step?

Within 30 days of lodging the notice, the Appeal must be submitted. This is the detailed explanation and reasons for why you are appealing the decision.

Q: Is there a specific format the Appeal should be in?

Yes, your Appeal must be on an official form published by the Competent Authority and must be accompanied by: a statement setting out the grounds of your Appeal; supporting documentation which is referred to in your Appeal; a statement confirming that you have served a copy of your Notice of Intention to Appeal on the Applicant, as well as attach a copy of the Notice of Intent to Appeal; and the prescribed fee.

Q: After submission of the actual Appeal, what happens next?

The Applicant/Developer will now have an opportunity to respond to your Appeal submission. This is called a Responding Statement. The Responding Statement must be lodged with the MEC or Minister, depending on who the Competent Authority is, and within 30 days from date that the Appeal was made available for inspection. The person submitting the responding statement will be known as the Respondent. The Respondent must serve a copy of his/her Responding Statement on the Appellant.

Q: Will I, as the Appellant, be allowed to answer to the Responding Statement?

Yes, if the Responding Statement contained any new information that was not included in your Appeal submission, you will be entitled to answer thereto. This answer will be called an Answering Statement. The Answering Statement has to submitted within 30 days from receipt of the Responding Statement. The Appellant has to submit a copy of his Answering Statement on the Respondent who submitted the new information.

Q: What will happen if I can not make any of the above timeframes for submission?

The Appellant Authority may extend the time period, in writing and upon good cause. This means that if the Appellant Authority is of the view that you have a good reason for not being able to comply with the time periods, the Appellant Authority has the discretion to extend the prescribed period.