Cap. 439 Art. 49Revision of Director’s or Authority’s decisions.

(1) Where the Authority or Director for Animal Welfare refuse the issuing of a permit or of a licence required by, or under this

Act, or modify such permit or licence or cancel the same, the person applying for the permit or licence or the person holding the permit or the licence, as the case may be, shall have the right, by not later than twenty (20) days, to appeal against the decision of the Authority or

Director for Animal Welfare wherein that person shall specify the reasons on the basis of which the decision of the Authority or the Director for Animal Welfare should be cancelled or modified.

(2) Such appeal shall lie to the Administrative Review Tribunal established in terms of article 5 of the Administrative Justice Act, and the provision of this Act shall apply to such an appeal.

(3) The Administrative Review Tribunal shall, as soon as it receives the appeal in accordance with sub-article (1), notify the said appeal to the Authority or the Director for Animal Welfare so that, within twenty (20) days, the Authority or the Director for Animal Welfare may reply in writing thereto, wherein they shall specify the reasons on the basis of which the appeal should be dismissed, however the Authority or the Director for Animal Welfare may, where it appears to them that the appeal is justified, modify their decision in accordance with the appeal and inform the Tribunal, within the period granted to them for their reply.

(4) When the Tribunal receives the reply of the Authority or Director for Animal Welfare, or the time given for the reply shall have elapsed without the receipt, the Tribunal shall hear the appeal and in doing so it shall be composed of the Chairperson of the Tribunal and those members of the Council appointed under article 4(1)(c), (d) and (e) and one of the members appointed in terms of article 4(1)(f).

(5) The Tribunal shall, within five days of the receipt of the appeal, study the case and hear any person whom it shall deem appropriate, including both parties.

(6) After the Tribunal decides the appeal it shall give an order in writing to the Authority or Director for Animal Welfare according to its decision; a copy of the Tribunal’s decision shall also be sent to the appellant.

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