Cap. 504 Art. 74Appeal. Call in procedure.

(1) If an applicant considers that the conditions imposed upon a licence or a development permission, or a refusal of such an authorisation or permission, is unreasonable, he may lodge an appeal with the Tribunal under article 41. An appeal under this sub-article, shall be made within thirty days of notification of the decision of the Authority or of the Commission, as the case may be. The request for an appeal shall include a written document containing the reasons for such a request.

interested third party from any decision of the Authority referred to in sub-article (2), the Secretary of the Tribunal shall inform the Minister of such an appeal within fifteen days from its receipt. In such case, the Minister may, within fifteen days from the date when he has received such information, either instruct the Tribunal to proceed with the determination of the appeal or decide to refer the application to the Cabinet of Ministers for determination. Where the Minister does not decide to refer an application to the Cabinet of Ministers as aforesaid within the said period, it shall be deemed for all purposes and effects of law that he has opted to refer the said appeal to the Tribunal for its decision.

(2) The Minister may refer to the Cabinet of Ministers applications called in by him in terms of sub-article (1) where such applications are:

(a) applications in respect of development which appears to him to be of a strategic significance;

(b) applications in respect of development which appears to him to affect matters of national security or national interests;

(c) applications in respect of development which appears to him likely to affect the interests of other governments;

(d) applications in respect of development which is subject to an environmental impact assessment and which in his opinion is of national interest;

(e) applications in respect of which the applicant is a department of Government or a body corporate established by law.

(3) Where the Minister decides to refer to the Cabinet of Ministers an application called in by him, he shall request the Tribunal to draw up its recommendation on that application after having heard the parties and the Tribunal shall send its recommendation on that particular application to the Minister who shall refer it to the Cabinet of Ministers. Such recommendation shall be available to the public.

(4) The Cabinet Secretary shall, within fifteen days from the date of such decision, communicate the decision of the Cabinet of Ministers to the Authority together with the reasons in justification thereof and the Authority shall comply therewith, publish the decision of the Cabinet of Ministers in such manner as it may deem fit or as it may be prescribed and shall communicate the decision of the Cabinet of Ministers to the parties within fifteen days from the receipt of such decision. organization having as one of its purposes the promotion of environmental protection and is registered under the Voluntary Organisations Act, be subject to appeal on matters of substantive and procedural legality to the Court of Appeal in its superior jurisdiction. An appeal in terms of this sub-article shall be made by an application to be filed within ten days from the date of communication of the decision of the Cabinet of Ministers to the parties. The appeal proceedings shall be concluded by the Court of Appeal within four months from the filing of the appeal 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.

(6) The execution of any development or the operation of any installation which is subject to an environmental impact assessment and, or an IPPC permit, and which is pending a decision by the Cabinet of Ministers in terms of this article shall be suspended until the decision of the Cabinet is taken.

(7) Where a decision of the Cabinet of Ministers is subject to an appeal in accordance with sub-article (5), the Court of Appeal may, upon a request of the appellant or of an interested party, which may include a non-governmental organization having as one of its purposes the promotion of environmental protection and which is registered under the Voluntary Organisations Act, order that the execution of the development or the operation of the installation be suspended whilst proceedings before the said Court are pending.