Protocol for the Administration of EIA, WML, Section 24G Applications, Appeals and Objections during the Festive Period 2025/26

The Western Cape Department of Environmental Affairs and Development Planning hereby informs all stakeholders of the official protocol for the administration of Environmental Impact Assessment (EIA), Waste Management Licence (WML), and Section 24G applications, as well as Appeals and Objections in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (“NEMA”), over the 2025/26 festive period.

In accordance with Regulation 3(2) of the EIA Regulations, 2014 (as amended), and Regulation 1(2) of the National Appeal Regulations, 2025, the period 15 December to 5 January must be excluded from the reckoning of days. Furthermore, Regulation 3(3) of the EIA Regulations stipulates that, unless justified by exceptional circumstances and agreed to by the competent authority, proponents and applicants must refrain from conducting public participation processes during this same period.

After careful consideration of these provisions and to ensure a fair, transparent, and efficient process, the department will implement the following protocol for the 2025/26 festive period:

1.   Environmental Decisions

• The department will not issue any environmental decisions (including Environmental Authorisations or WMLs) under the NEMA EIA Regulations (2006, 2010, 2014), the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), or Section 24G of NEMA between 15 December 2025 and 5 January 2026.
• The last environmental decisions for 2025 will be issued on Friday, 12 December 2025.
• The issuing of decisions will resume on Tuesday, 6 January 2026.
• The Ministry will not issue any Appeal or Objection decisions between 15 December 2025 and 5 January 2026.

2.  Administration of Applications

• All documents submitted between 15 December 2025 and 5 January 2026 will not be recognised as formal submissions. These documents must be resubmitted from Tuesday, 6 January 2026.
• The exclusion of the 15 December–05 January period from legislated timeframes means that any affected timeframe will be automatically extended, and no application will lapse if its due date falls within this period.
• Applicants and Environmental Assessment Practitioners (EAPs) are advised not to submit new applications or reports from Tuesday, 2 December 2025 to Monday, 5 January 2026.
• Where regulatory deadlines must be met, Reports in terms of the EIA Regulations may be submitted from Tuesday, 2 December 2025 until Friday, 12 December 2025.

3.  Public Participation Process

• To ensure compliance with the EIA Regulations and promote transparent engagement, applicants and EAPs are reminded not to conduct public participation processes between Monday, 15 December 2025 and Monday, 5 January 2026.
• Public participation during this period may only occur under exceptional circumstances, subject to prior written agreement from the Department.
• For example, an exceptional circumstance may include a proposed activity located in a recognised holiday destination, such as a coastal town.
• If a public participation process begins before 15 December 2025 and runs for 30 days, excluding the festive period, the splitting of days will be permitted. All comments received during the entire commenting period, including those received between 15 December 2025 and 5 January 2026, must be considered.

The department thanks all stakeholders for their cooperation and understanding in ensuring compliance with environmental legislation and maintaining fair administrative processes during the festive period.

Any enquiries regarding the above protocol may be directed to:
 

The full circular can be downloaded below: