On 25 August 2023, the Minister of Forestry, Fisheries and the Environment, published significant proposed amendments to the regulations governing appeals under the National Environmental Management Act and other Specific Environmental Management Acts.
The proposed regulations seek to expand on the previous appeal regulations, published in 2014, offering a more comprehensive appeal process with more stringent timelines and accountability.
Key proposed amendments to the regulations include –
- a more comprehensive appeal process – the proposed regulations include the option of an Answering Statement, to be filed within 20 days of a Responding Statement, allowing the appellant to address new queries or information contained in the Responding Statement;
- enhanced autonomy of the Appeal Administrator – the proposed regulations include a mechanism by which parties participating in an appeal process can be requested by the Appeal administrator to provide additional information within 20 days of receipt of a Responding Statement and /or Answering Statement;
- enhanced accountability – an Appeal Administrator will be required to acknowledge receipt of an appeal, Responding Statement and Answering Statement within five working days from receipt;
- proof of payment – appeal submissions must now be accompanied by proof of payment of a non-refundable fee, where applicable;
- amended timeframes – a Responding Statement must now be submitted within 10 days from receipt of an appeal, as opposed to the previous 20-day period, and the regulations make specific provision for the extension of certain timeframes by agreement between the parties involved and the Appeal Administrator; and
- categorisation of appeals – whereas an appeal must ordinarily be decided within 30 days, the proposed regulations introduce the concept of “complex appeals”, which shall be afforded an additional 20 days, resulting in a 50-day decision period.
The public comment period in respect of the proposed regulations will remain open until 25 September 2023.
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