Minister Barbara Creecy extends Fishing Rights Allocation Process appeals period

Further extension granted FPR appeals related to Fishing Rights Allocation Process for 2021

The Minister of Forestry, Fisheries and the Environment, Ms Barbara Creecy, has decided to further extend the period for appeals by an additional 60 days to 29 July 2022. The period for FRAP appeals thus commenced from 29 March 2022 and will now lapse on 29 July 2022.

A number of applicants who are dissatisfied with the outcome of the 2021 Fishing Rights Allocation Process (FRAP 2021) have submitted formal requests to the Department of Forestry, Fisheries and the Environment (the Department), in terms of the Promotion of Access to Information Act, Act No 2 of 2000 (PAIA) for access to information relating to FRAP 2021, on the basis that the information requested is necessary to enable them to finalise their appeals against the FRAP 2021.

Considering that the information requested is personal and commercial information of other applicants, the Department made only certain FRAP 2021 information available in a redacted form. This was to ensure that the personal and commercially sensitive information of the affected applicants was not released in a manner that would contravene the provisions of the Protection of Personal Information Act, Act 3 of 2013 (POPIA) and PAIA.

However, potential appellants have indicated that they are dissatisfied with the release of information in a redacted format and that they seek access to all information relating to FRAP 2021.

The Department has thus sought legal advice on the issue and were advised that before the release of personal and commercially sensitive information, the affected applicants must be notified of the release of their information and be given an opportunity to respond thereto.

Moreover, the Department has received requests for additional time from various appellants to enable them to submit their appeals

The Minister has accordingly decided to extend the FRAP 2021 appeal period by a further 60 (sixty days) to allow for the finalisation of the process to obtain consent from the affected applicants, to release their personal and commercial information in compliance with the requirements of PAIA and POPIA, and to give appellants sufficient time to finalise their appeals.

Appellants are to lodge a formal appeal online on the prescribed Appeals Form through the FRAP 2021 website (https://www.frap2021.co.za/).

According to The General Policy on the Allocation of Commercial fishing rights 2021 and the Fisheries sector specific policies, any applicant, interested or affected person may appeal to the Minister against the decisions of the Delegated Authority in any respective fishing sector.

The appeal may be lodged against an exclusion, a refusal to grant a right or against the decision, process, and/or methodology on quantum or effort.

The Minister, as the appeal authority, will consider the facts and supporting documents as presented by the appellant as they were at the closing date for applications and will not consider facts that came into existence thereafter.

If applicants experience any challenges in accessing the online system and their outcomes, please feel free to request assistance by telephone: 021 402 3727 or email to: FRAPenq2020@dffe.gov.za. Applicants who require IT support must contact 010 500 2323 / 0800 0145304 or email frapitsupport@navayugainfotech.com

For media inquiries contact:
Albi Modise
Cell: 083 490 2871

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