| (1) |
A person who feels aggrieved by any decision or action taken by the Council, the registrar or an inspector in terms of this Act may, within the period and in the manner prescribed and upon the payment of the prescribed fee, appeal against such decision or action to the Minister, who shall appoint an appeal board for the purpose of the appeal concerned. |
| (a) |
An appeal board shall be appointed within 60 days from the date of receipt of the appeal by the registrar, provided that the Minister may, if he or she considers it necessary, extend the period by another 30 days and shall consist of persons who, in the opinion of the Minister, have expert knowledge of the matter on appeal and who are otherwise suitable to make a decision on the appeal concerned |
[Section 19(2)(a) substituted by section 13 of Act No. 23 of 2006]
| (b) |
The Minister shall designate one of the members of the appeal board as a chairperson of that appeal board. |
[Section 19(2)(b) substituted by section 13 of Act No. 23 of 2006]
| (c) |
A person appointed under paragraph (a), shall recuse himself or herself as a member of the appeal board if he or she has any direct or indirect interest in the subject matter of the appeal or if, for any other reason, there is or there is likely to be a conflict of interests as a result of his or her participation in the proceedings of the appeal board. |
| (3) |
There may be paid to a member of an appeal board who is not in the full-time employment of the State, from money appropriated by Parliament for such purpose, such remuneration or allowances as the Minister, with the concurrence of the Minister of Finance, may determine. |
| (a) |
confirm, set aside, substitute or amend the decision or action concerned which is the subject of the appeal; |
| (b) |
refer the relevant matter back to the registrar for reconsideration by the Council; |
| (c) |
alter due consideration of the potential risks and potential benefits related to the matter of appeal, make such other order as it may consider fit in order to minimize a significant negative impact on the environment or human and animal health; |
| (d) |
in making a decision— |
| (i) |
only follow the prescribed procedures; and |
| (ii) |
consider new scientific or technical evidence or any other information that is, |
| (iii) |
in the opinion of the appeal board, directly applicable to the appeal. |
[Section 19(4) substituted by section 13 of Act No. 23 of 2006]
| (5) |
If a decision or action which is the subject of an appeal— |
| (a) |
is set aside, the fee referred to in subsection (1) shall be refunded to the appellant concerned; or |
| (b) |
is amended, such portion of the fee referred to in subsection (1) as the appeal board concerned may determine, shall be refunded to the appellant. |
| (6) |
The full decision of an appeal board, together with the reasons therefore, shall be reduced to writing and furnished to the Minister, the registrar and all parties directly involved in the appeal, and made available to the public, within 30 days after the final decision has been taken: Provided that the Minister may take such further action as he or she may consider necessary. |
[Section 19(6) substituted by section 13 of Act No. 23 of 2006]
Housing Development Agency Act, 2008
