APPEAL ADMINISTRATOR

DIRECTIVES APPEAL FORM AND / OR COMPLIANCE NOTICES OBJECTION FORM In terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (“NEMA”)

SEPTEMBER 2016

Note that: d.1. This appeal and / or objection must be submitted to the Western Cape Ministry of Local Government, Environmental Affairs and Development Planning (“Ministry”) within 30 days of receipt of the directive and/ or compliance notice. d.2. This form is current as of September 2016. It is the responsibility of the appellant and / or objector to ascertain whether subsequent versions of the form have been released by the Appeal Administrator. d.3. This form must be used for appeals against directives issued in terms of section 28(4) and / or objections against compliance notices issued in terms of section 31L of the NEMA in so far as it relates to the: 3.1 Environment Conservation Act, 1989 (Act No. 73 of 1989)(“ECA”); 3.2 NEMA; 3.3 National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (“NEM: BA”); 3.4 National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (“NEM: AQA”); 3.5 National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (“NEM: WA); and 3.6 Sub-ordinate legislation promulgated in terms of these laws. d.4. If you wish to submit: 4.1 An appeal against a directive issued in terms of section 28(4) of the NEMA, sections A, B, C, D and G on this form must be completed; and /or 4.2 An objection against a compliance notice issued in terms of section 31L of the NEMA, sections A, B, E, F and G on this form must be completed. d.5. Section 43(8) of the NEMA states that only “A person who receives a directive in terms of section 28(4) may lodge an appeal against the decision made by the … provincial head of the department to the Minister… within 30 days of receipt of the directive, or within such longer period as the Minister… may determine.” d.6. Section 31M of the NEMA states that only “A person who receives a compliance notice in terms of section 31L may object to the notice by making representations, in writing, to the Minister… within 30 days of receipt of the notice, or within such longer period as the Minister … may determine.” d.7. The required information must be inserted within the spaces provided on the form. The sizes of the spaces provided are not necessarily indicative of the amount of information to be provided. The spaces may be expanded where necessary. d.8. Unless protected by law, all information contained in, and attached to this appeal, will become public information on receipt by the Ministry. d.9. A digital copy of this form may be obtained from the Department’s website at https://www.westerncape.gov.za/dept/eadp

Page 1 of 6 (a) A. DECISION BEING APPEALED AND / OR OBJECTED TO:

1. Reference number of the directive being appealed and / or compliance notice objected to:

Directive reference number:______

Compliance Reference number:______

2. Please circle the appropriate option/s:

Section 28(4) Section 31L Other (specify Directive compliance below) notice

Other______

______

3. Brief description of the reasons for the issuing of the directive and / or compliance notice:

______

______

4. Date on which the directive and / or compliance notice was issued:

______

(b) B. INFORMATION REGARDING THE APPELLANT AND / OR OBJECTOR:

Name of the organization being represented (where applicable):

______

Name and surname/ Contact Person:

______

Address:

______

2

______

Tel: ______Cell: ______

Fax: ______Email: ______

C. APPEAL INFORMATION

5. Did you lodge an appeal within 30 days of receipt of the directive? Yes / No (Circle the appropriate response).

6. Kindly indicate if the following documents have been attached to the submission: 6.1 a statement setting out the grounds of appeal? Yes / No (Circle the appropriate response)

6.2 supporting documentation which is referred to in the appeal? Yes / No (Circle the appropriate response)

D. GROUNDS OF APPEAL

7. Set out the reasons for your appeal: Clearly list your appeal issues and provide an explanation as to why you list each issue.

______

______

______

______

______

______

Page 3 of 6 ______

______

______

______

8. Are you in favour of the directive if your concerns can be remedied by rectifying the process or by mitigating or eliminating an impact/s of the activity/ies?

Yes / No / Not applicable (Circle the appropriate response). Please provide details.

______

______

______

9. Please indicate what measures you propose to have the concerns raised in the directive remedied.

______

______

______

______

______

______(c) E. OBJECTION INFORMATION

10. Did you lodge an objection within 30 days of receipt of the compliance notice?

Yes / No (Circle the appropriate response).

11. Kindly indicate if the following documents have been attached to the submission:

11.1 a statement setting out the grounds of objection? Yes / No (Circle the appropriate response)

4 11.2 Supporting documentation which is referred to in the objection? Yes / No (Circle the appropriate response)

(d) F.GROUNDS OF OBJECTION

12. Set out the ground/s of your objection: Clearly list your objection issues and provide an explanation of why you list each issue.

______

______

______

______

______

______

______

______

______

13. Are you in favour of the compliance notice if your concerns can be remedied by rectifying the process or by mitigating or eliminating an impact/s of the activity/ies?

Yes / No / Not applicable (Circle the appropriate response). Please provide details.

______

______

______

14. Please indicate what measures you propose to have the concerns raised in the compliance notice remedied.

______

______

Page 5 of 6 ______

______

______

______

G. SUBMISSION ADDRESS

The completed form must be submitted to the Appeals Administrator at the address listed below within 30 days of receipt of the directive or compliance notice:

By post: Attention: Jaap de Villiers Western Cape Ministry of Local Government, Environmental Affairs & Development Planning Private Bag X9186, Cape Town, 8000; or

By facsimile: (021) 483 4174; or

By hand: Attention: Mr Jaap de Villiers (Tel: 021-483 3721) Room 809, 8th floor Utilitas Building 1 Dorp Street, Cape Town, 8000; or

By e-mail: [email protected]

Note: For purposes of electronic database management, you are requested to submit an electronic copy (Microsoft Word format) of the appeal or objection and any supporting documents to the Appeal Authority.

______Signature of the Appellant or Objector Date

6