Cap. 551 Art. 48Appeals from stop orders and compliance orders. Cap. 549. Cap. 549. Cap. 549.

(1) When appeals are filed by any person who feels aggrieved by an order served on him in accordance with article 76

of the Environment Protection Act, the Tribunal:

(a) if satisfied that a permit was granted under the Environment Protection Act or under any other law which was in force before the Environment Protection Act, and which regulated the activity in question, for the activity to which the order relates, or that no authorisation was required in respect thereof, as the case may be, and that the conditions subject to which such authorisation was granted have been complied with, shall quash the order to which the appeal relates or such part thereof in respect of which the Tribunal is satisfied as aforesaid;

(b) in any other case, shall dismiss the appeal: Provided that the Tribunal shall direct the Environment and Resources Authority to modify the order if it considers that not all of the illegalities listed in the detailed description in the order are illegal or if some of the illegalities have been removed.

(2) If before an appeal is lodged or during the pendency of such appeal, the appellant or any other person submits to the Environment and Resources Authority an application for an authorisation regarding the activity mentioned in the order, the Tribunal shall dismiss the appeal if it is satisfied that the said application is intended to regularise the activity mentioned in the order.

(3) Where an appeal is dismissed in accordance with sub-article (2), the provisions of article 76(12) of the Environment Protection Act shall apply.

(4) The Tribunal may correct any defect or error in the stop order even if had it not been for the correction such would render it invalid, provided that the appellant shall be given sufficient time to prepare and put forward his case.

(5) The Tribunal, in respect of appeals from stop orders, shall give its final decision on the merits of the appeal within one year from the date of the first hearing which period may be extended only once for a period of six months in exceptional cases in the interest of justice: Provided that if the original period is extended as declared above, no evidence or submissions shall be put forth within the period of extension:

Provided further that if a final decision is not delivered within the deadlines indicated above, the appeal shall be assigned by the Secretary to another panel.