ENVIRONMENTAL PROTECTION ACT 1986 - SECT 109

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 109

109 .         Procedure of appeals committees

        (1)         In considering an appeal, an appeals committee —

            (a)         shall consult —

                  (i)         the CEO in the case of an appeal against a decision of the CEO; and

                  (ii)         the Authority in the case of an appeal against a decision of the Minister or the Authority; and

                  (iii)         the appellant;

                and

            (aa)         may consult such other persons as it considers necessary; and

            (b)         shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms, shall not be bound by any rules of evidence and may conduct its inquiries in whatever manner it considers appropriate.

        (1a)         In relation to an appeal lodged under section 101A(2) in respect of the amendment of a clearing permit under section 51K(1)(a) or (b), an appeals committee shall not consider, or make recommendations in respect of, a matter which is not directly related to or consequential to that amendment.

        (2)         In relation to an appeal lodged under section 102(2) in respect of the amendment of a licence under section 59(1)(a) or (b), an appeals committee shall not consider, or make recommendations in respect of, a matter which is not directly related to or consequential to that amendment.

        (3)         On completing its consideration of an appeal, an appeals committee shall, subject to subsection (4), report to the Minister on its findings and recommendations in respect of the appeal, and the Minister shall allow or dismiss the appeal —

            (a)         if the appeal is from a decision of the Minister, in accordance with; or

            (b)         if the appeal is from a decision other than a decision of the Minister, having regard to,

                those recommendations and the decision of the Minister under this subsection shall be final and without appeal.

        (4)         An appeals committee shall not in reporting to the Minister under subsection (3) make any recommendation that conflicts with any approved policy or with any standard prescribed by or under this Act.

        [Section 109 amended: No. 54 of 2003 s. 84, 103 and 114.]