Cap. 551 Art. 33Suspension of development.

(1) The Tribunal may, at the request of the appellant, which request may only be made by an application lodged concurrently with the application for the appeal, suspend through a partial decision, in whole or in part, the execution of any permit, pending a decision being delivered by the said Tribunal, under those terms, conditions and other measures as it may deem fit:

Provided that the Tribunal may not grant a suspension of the execution of a permit in relation to an application, for a development which, in the opinion of the Minister responsible for the Planning Authority, is of strategic significance or of national interest, related to any obligation ensuing from a European Union Act, affects national security or affects the interests of the Government and, or other governments. This proviso is not applicable to applications relating to development or installations which are subjected to an environmental impact assessment (EIA) and, or integrated pollution prevention and control (IPPC) matters.

(2) The Tribunal shall hold its first hearing and shall deliver a decision with respect to the suspension or otherwise of the permit, within thirty days from the receipt of the application.

(3) The Tribunal 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 prejudice caused by the staying of the actual execution of the permit. It shall also not suspend the execution of such a permit if it is satisfied, after hearing all the parties, that the development may be easily removed or reversed or that the request is frivolous or vexatious.

(4) The Tribunal shall give reasons justifying its decision to suspend the execution of the permit or otherwise.

(5) The Tribunal shall not suspend the execution of such a permit for more than:

(a) three months from the date of the first hearing of the appeal before the Tribunal in the case of an application not being one described in paragraph (b);

(b) one month from the date of the first hearing of the appeal before the Tribunal, in the case of an application subjected to an environmental impact assessment (EIA) and, or to an integrated pollution prevention and control (IPPC) permit, which in the opinion of the Minister responsible for the Planning Authority is of strategic significance or of national interest, related to any obligation ensuing from a European Union Act, affects national security or affects the interests of the Government and, or of other governments.

(6) The suspension order shall be deemed to have elapsed ipso jure after the lapse of the periods indicated in sub-article (5).