Cap. 356 Art. 15ACall in procedure.

(1) Where an appeal is lodged by an applicant or by an interested third party from any decision of the Authority referred to in article 36A or from any decision of the Authority or of the Commission concerning an application submitted by a department of government or a body corporate established by law, the Secretary of the Appeals Board 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 Appeals Board to proceed with the determination of the appeal or decide to refer the application to Cabinet for determination. Where the Minister does not decide to refer an application to Cabinet 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 Appeals Board for its decision.

(2) The Minister may refer to Cabinet applications called in by him in terms of subarticle (1) where such applications are -

(a) applications in respect of development which appears

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

(4) The Cabinet Secretary shall, within fifteen days from the date of such decision, communicate Cabinet’s decision to the Authority together with the reasons in justification thereof and the Authority shall comply therewith, publish Cabinet’s decision in such manner as it may deem fit or as it may be prescribed and shall communicate Cabinet’s decision to the parties within fifteen days from the receipt of such decision.