Is the EIA

System based on specific and clear legal provisions?

Yes. In:

Yes. In:

Yes. In Decree 76/98, of December 29, revoked by

Decree 45/2004, of September 29.

Decree 42/2008, of 4 November, change the Decree 45/2004.

Yes. In:

Yes. In Decree no. 51/2004, of July 23.

Yes. Directive 97/11/EC that alters Directive 85/337/EEC, on evaluation of the effects of specific public and private projects on the environment.^{a, b}

・ Environmental Management and Coordination Act, 1999

・ The Environmental Management Act, 2004;

Promulgation of EIA Regulations in September 1997 (R1182, R1183 and R1184 on the

Environment

Conservation Act 73 of 1989).

・ Environmental (Impact Assessment and Audit) Regulations, 2003

・ The Environmental (Registration of Environmental Experts) regulations, 2005.

These Regulations were revoked by the EIA Regulations of 21 April 2006.

Are there

mechanisms via which the

promoter or members of the general public may file appeals against the

decision taken?

When a project is not included in the list that specifies the projects which are obligatorily subject to an EIA, and the project may affect the environment, the NEMA (National Environmental Management

Authority) will

determine whether or not it is necessary to carry out an EIA.

Any person who

disagrees with, or whose interests are harmed as a result of the Minister’s decision, approving or rejecting the EIA, may appeal against the decision in the Environmental Appeal Court.

None.

Any person affected by the decision may present a notice of his intention to file an appeal to any of the following bodies: Minister, MEC or delegated body of the State.

An appeal against the decision of the Minister responsible for the Environment may be made under the

general terms of

administrative

litigation and

procedures.

Specific legal

provisions for each Member State.

If the promoter does not agree with

NEMA's decision concerning the

obligation to carry out an EIA it may appeal against the decision in Court within a maximum of 14 days.

If the notice of the appeal is addressed to the Minister, the appeal should be submitted to the DEAT (Department of Environmental Affairs and

Tourism). If it is addressed to the MEC, the appeal should be submitted to the Provincial Department

responsible for

environmental

affairs. If it is

addressed to the delegated body of the State, the appeal should be presented to the respective body.

Any person who disagrees with, or whose interests are damaged as a result of NEMA’s decision, approving or

rejecting the EIA, may present an

appeal in Court within 60 days (after the date of the

decision).