Cap. 551 Art. 47Appeal to the Tribunal in accordance with the provisions of the Environment Protection Act. Cap. 549.

(1) Any aggrieved party may appeal to the Tribunal in accordance with the provisions of the Environment Protection Act and any regulations made thereunder, and any person may appeal any decision of the Environment and Resources Authority only in relation to environment assessments, access to environmental information and the prevention and remedying of environmental damage.

(2) An appeal to the Tribunal may be filed on any ground including:

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that an error of law has been made;

(d) that there was some material illegality, unreasonableness, ineffective or insufficient consideration of adverse effects, or lack of proportionality.

(3) The effect of a decision to which an appeal relates shall not, except where the Tribunal or the Court of Appeal, as the case may be, so orders, be suspended in consequence of the bringing of the appeal:

Provided that in the case of an appeal from the approval or partial approval of a potentially irreversible action or an action that may potentially be of significant damage to the environment, the approval may be suspended by the Tribunal pending a final decision by the Tribunal if the said Tribunal deems that this would be in the interest of avoiding any likely significant or irreversible effects or implications on the environment or for similarly justified reasons.

(4) The right of appeal to the Tribunal shall be competent to any party aggrieved by the decision without the need to prove its interest in the matter.

(5) The provisions relating to the publication and communication of applications, submissions and decisions by the Authority shall apply mutatis mutandis to the decision of the Tribunal, over and above the procedures set out in this article.

(6) In order to further the effectiveness of the provisions of this article, the Authority shall ensure that practical information is made available to the public on access to the relevant procedures.

(7) All parties involved in the appeal may file a request before the Tribunal to see the acts of the Authority at any time before the sitting of the Tribunal.

(8) If an appeal has been lodged with the Tribunal by any party other than the applicant, and the applicant submits a request for reconsideration, the proceedings before the Tribunal shall be suspended until the request for the reconsideration has been determined and a copy of the decision has been submitted to the Tribunal by the Authority, and any time periods established under the provisions of this Act in relation to the proceedings before the Tribunal shall commence from the date of receipt by the Tribunal of the decision on the request for reconsideration and the appellant shall, within a period of thirty days, from notification of the decision on the request for reconsideration, amend his appeal or make further submissions to the Tribunal, if he deems it necessary.

(9) When an appeal has been lodged with the Tribunal by any party other than the applicant in terms of this Act, such a person need not prove that he has an interest in that appeal in terms of the doctrine of juridical interest, which doctrine shall not apply to such proceedings, but such a person shall submit reasoned grounds based on environmental considerations to justify his appeal.

(10) The Tribunal shall, within two months from the lodging of the appeal application, except in the instances where the appeal is accompanied by a request for suspension of the execution, appoint the day and hour and hold the first hearing for the parties to appear before it, in order to show cause why the claims, pleas and witnesses contained in their respective application and reply should be allowed. The Tribunal shall, on the same day and at the hour appointed for the first hearing of the appeal, decide which witnesses, listed in the application for appeal and reply to the appeal, it deems relevant for the purpose of giving evidence:

Provided that where there is no request for a suspension of the execution as provided in the articles hereunder, advance notice of not less than fourteen days, in such manner as the Tribunal may deem appropriate, shall be given of the first hearing of the Tribunal to the parties, and the interested parties, and the external consultees who made their recommendations: Provided further that in cases of urgency the said time limit of fourteen days may be abridged by order of the Tribunal, if the Tribunal is satisfied that the party requesting urgency has given a valid reason in writing thereof.

(11) The provisions of articles 12, 13(1) and (3), 14, 15, 16, 17, 18, 20, 23(2), 24, 25, 26, 27, 28, 29, 30, 31, 32, 39, 40, 41, 42, 43, 44, 45 and 46 shall apply to the appeals filed mutatis mutandis under this Part of this Act, and all references to the Planning Authority in such articles shall be construed as a reference to the Environment and Resources Authority.