Cap. 504 Art. 41Functions and procedures of the Tribunal.

(1) Subject to those articles which specifically exclude the right to appeal before the Tribunal, and to articles 81(14), 82(4) and

86, the Tribunal shall have jurisdiction to:

(a) hear and determine all appeals made by the applicant or a person aggrieved by a notice issued under the provisions of Part VI on any decision of the Authority on any matter of development control, including the enforcement of such control, or appeals made by any person on any decision of the Authority relating to environment protection, including environment assessments, access to environmental information and the prevention and remedying of environmental damage: Provided that the Authority shall not be construed as any person for the purposes of this paragraph;

(b) exercise such functions as are vested in it in terms of Articles 48, 49, 57, 58, 63 and 77 and hear and determine appeals made in terms of articles 42, 76, 77, 81, 91, 92 u 93 and such other functions assigned to it under the provisions of this Act;

(c) hear and determine an appeal lodged by an interested third party from a decision of the Authority on any matter of development control, provided that:

(i) such an appeal may only be made by an interested third party who had submitted written comments in terms of article 68(4) when the application to carry out the development is published,

(ii) no appeal shall lie by an interested third party from any development control decision concerning a development which is specifically law to be an interested third party provided that the said council has complied with the provisions of article 68(4) and it is acting in the interests of the locality,

(iv) the Government and any department, agency, authority or other body corporate wholly owned by the Government shall always be deemed for all intents and purposes of law to be an interested third party: Provided that the Authority shall not be construed as an interested third party for the purposes of this sub-paragraph.

(2) Unless otherwise provided under any provision of this Act, an appeal may be lodged before the Tribunal within thirty days from date of notification of the decision or order by the Authority.

(3) The Tribunal may, at the request of the appellant made concurrently with the application for the appeal, suspend through a partial decision, in whole or in part, the execution of any development or the operation of any installation, pending a decision being delivered by the said Tribunal, under those terms, conditions and other measures as it may deem fit: Provided that the application, with the exception of applications relating to developments or installations which relate to environmental impact assessment and, or integrated pollution prevention and control (‘IPPC’) matters, is not for a development which, in the opinion of the Minister is of strategic significance or of national interest, related to any obligation ensuing from a European Union act, affects national security or affects interests of other governments.

(4) In the cases referred to in sub-article (3), the Tribunal shall hold its first hearing be within six working days from receipt of the appeal, and shall not suspend the execution of such a permit unless it is satisfied, after hearing all the parties, that unless the execution of the permit is suspended the prejudice that would be caused would be disproportionate when compared with the actual doing of the thing so permitted or if the request is deemed as frivolous or vexatious: Provided that the Tribunal shall justify the decision suspending the execution of the development and shall grant its final decision on the merits of the appeal within three months from the date of the first hearing of the appeal:

Provided further that the suspension of the execution of such a permit may not be more than three months from the date of the first hearing of the Appeal before the Tribunal, and the suspension order shall be deemed to have elapsed ipso iure after the lapse of such a period. the Court of Appeal constituted in terms of article 41(9) of the Code of Organization and Civil Procedure from such decisions only on points of law decided by the Tribunal in its decision. An appeal from a partial decision of the Tribunal may only be filed together with an appeal from the final decision of the Tribunal. An appeal to the Court of Appeal (Inferior Jurisdiction) shall be submitted within twenty days from when the decision of the Tribunal is delivered in public and such an appeal shall be regulated by the rules of court made under article 29 of the Code of Organization and Civil Procedure.

(7) The decisions of the Tribunal shall be binding if they are supported by the opinion of two of its members, and the dissenting member, if any, may express his opinion separately; and all decisions of the Tribunal shall be delivered in public and shall be published as soon as practicable after the sitting at which they are given.

(8) Where a hearing is held by the Tribunal, other than in those cases referred to in sub-articles (3) and (4), advance notice of not less than fourteen days shall be given of the first sitting of the Tribunal to the parties, and those interested third parties who registered their interest during the processing of the application before the Authority, in such manner as the Tribunal may deem appropriate or as may be provided in the Second Schedule:

Provided that in cases of urgency the said time limit of fourteen days may be abridged by order of the Tribunal if the Tribunal is satisfied that the party requesting urgency has given a valid reason in writing therefor.

(9) The sittings of the Tribunal shall be open to the public, subject to the power of the Tribunal to exclude any member of the public if it deems it necessary so to do for the maintenance of order.

(10) The Tribunal may require any department or agency of the Government to provide the Tribunal with such information or advice as the Tribunal may deem necessary for the proper execution of its functions.

(11) Subject to the above and to article 74, appeals to the Tribunal and the conduct of the business of the Tribunal shall be made in accordance with the rules contained in the Second Schedule; and in the absence of such rules on any matter, the Tribunal may regulate its own procedure.

(12) Where judicial proceedings are instituted against the Tribunal before a court of civil jurisdiction, the Secretary shall represent the Tribunal in such proceedings; and, saving the provisions of article 46 of the Constitution and article 4 of the European Convention Act, no precautionary act may be issued against the Tribunal by any court. with the provisions of article 69 in reviewing decisions of the Authority.

(14) When the Tribunal modifies a decision taken by the Authority and orders the issue of a permission or licence, or in any other manner changes the decision of the Authority, the Authority shall, unless an appeal has been lodged to the Court of Appeal (Inferior Jurisdiction) from the Tribunal’s decision, issue the permission or licence or comply with the decision of the Tribunal within one month from the Tribunal’s decision, or, if in the Tribunal’s decision a condition has been imposed or a penalty inflicted, within one month from compliance by the appellant with such condition or payment of such penalty inflicted by the Tribunal in its decision.

(15) Appeal proceedings before the Tribunal pursuant to sub-article (1) shall be conducted in a timely manner, without undue delay, and shall not be prohibitively expensive.

(16) Appeal proceedings before the Court of Appeal pursuant to sub-article (6) shall be concluded in a timely manner and shall not be prohibitively expensive. Legal and judicial costs and fees in the said proceedings shall be taxed in accordance with paragraph (7) of item 3 of Tariff A and with paragraph (b) of item 15 Tariff E in Schedule A to the Code of Organization and Civil Procedure.