11 March, Edited by Kouga Chronicle: The Department of Environment and Fisheries (DFFE) aims to avoid any further ‘decision paralysis’,” with regard to appeals lodged against several environmental authorisations granted for offshore oil and gas exploration projects.
DFFE Minister Willie Aucamp says it will not be fair to continue delaying appeals. “We have a legal and constitutional obligation to take decisions that promote inclusive economic growth and job creation, without compromising our constitutional mandate of protecting our environment.”
He said numerous appeals were lodged following the granting of environmental authorisations issued under the National Environmental Management Act, 1998 (NEMA) for offshore activities involving exploration drilling and seismic surveys along South Africa’s west and south coasts. These appeals were lodged in terms of section 43 of NEMA.
Aucamp reviewed the legality and implications of the interim decisions to defer these appeals pending the outcome of court proceedings. This review was undertaken in light of the statutory framework governing environmental appeals, including NEMA, the National Appeal Regulations and the Promotion of Administrative Justice Act, 2000 (PAJA), as well as the constitutional obligation on government to perform its duties diligently and without undue After his after his review he decided it will not be reasonable or procedurally fair to continue postponing the appeals. “Allowing the matters to remain suspended pending lengthy litigation may stall decision-making within the environmental governance system.”
To ensure an independent and thorough assessment of the issues raised, an appeal panel will be appointed in terms of the National Appeal Regulations to consider the appeals and provide recommendations to the Minister.
Aucamp emphasised the appeal process is a critical safeguard within South Africa’s environmental governance system, ensuring that environmental decisions are subject to scrutiny and that the rights and legitimate expectations of all affected parties are respected. Updates on the ‘appeals issue’ will be communicated in due course.
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