Cap. 356 ст. 15Functions and procedure of Appeals Board.

(1) Subject to article 32A(4) and to article 47(4), the

Appeals Board shall have jurisdiction to:

(a) hear and determine all appeals made by a person aggrieved, other than an interested third party, by any decision of the Authority on any matter of development control, including the enforcement of such control;

(b) exercise such functions as are vested in it in terms of article 27(2)(j) and article 29A(4), of article 29B(4), articles 29C(4) and (5) and article 31(3);

(c) hear and determine appeals made in terms of article 39A(3), article 40(4), article 46(9), article 48(4), article 55B(3), article 58(1), and article 61(7);

(d) 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 32(5) when the application to carry out the development is published,

(iii) a local council in whose locality the development is intended to be carried out shall always be deemed for all intents and purposes of law to be an interested third party provided that the said council has complied with the provisions of article 32(5) and it is acting in the interests of the locality,

(iv) an interested third party shall submit reasoned grounds based on planning considerations to justify his appeal.

(2) The decisions of the Board shall be final. An appeal shall lie to 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 Board in its decision. An appeal from a partial decision of the Board may only be filed together with an appeal from the final decision of the Board.

(3) The decisions of the Board 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 Board shall be delivered in public and shall be published as soon as practicable after the sitting at which they are given.

(4) Where a hearing is held by the Board, advance notice of not less than fourteen days shall be given of the first sitting of the Board to the parties in such manner as the Board may deem appropriate or as may be provided in the Third Schedule: Provided that in cases of urgency the said time limit of fourteen days may be abridged by order of the Board if the Board is satisfied that the party requesting urgency has given a valid reason in writing therefor.

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

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

(7) The Board shall have an administrative secretariat independent from the Authority, consisting of a secretary and such other officers or employees as may be necessary for a prompt and efficient determination of the matters within the Board’s jurisdiction. The secretary shall be appointed by the Minister and the other members of the secretariat shall be chosen and appointed by the secretary.

(8) Without prejudice to the provisions of subarticle (7), the funds required by the Board for the performance of its functions Act; and in the absence of such rules on any matter, the Board may regulate its own procedure.

(10) Appeals to the Court of Appeal from decisions of the Board as provided in subarticle (1) shall be made within fifteen days from the day the decision is delivered in public; and such appeals shall be regulated by rules of court made under article 29 of the Code of

Organization and Civil Procedure.

(11) Where judicial proceedings are instituted against the Board before a court of civil jurisdiction, other than those in terms of subarticle (10), the Secretary shall represent the Board 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 Board by any court.

(12) The Appeals Board, if it decides to grant a development permission, may impose a penalty, the payment of fees and contributions and other conditions, which the Authority may impose when granting a development permission; and the Board shall ensure that it complies with the provisions of article 33(1) and

(2) in reviewing decisions of the Authority.

(13) When the Appeals Board modifies a decision taken by the Authority and orders the issue of a development permission, the Authority shall, unless an appeal has been lodged to the Court of Appeal (Inferior Jurisdiction) from the Board’s decision, issue the permission within one month from the Board’s decision, or, if in the Board’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 Board in its decision.