MINING ACT 1978 - SECT 147

MINING ACT 1978 - SECT 147

147 .         Appeal to Supreme Court

        (1)         Except as provided in sections 135(2) and 151, any party aggrieved by any final judgment, determination or decision of a warden’s court may appeal therefrom to the Supreme Court.

        (2)         Every appeal shall be commenced by notice in the prescribed form, filed in the warden’s court within 21 days after the judgment, determination or decision appealed against was given.

        (3)         The notice of appeal shall be served within the period referred to in subsection (2) upon the respondent or his solicitor and shall set forth the grounds upon which the appeal is made.

        [(4), (5)         deleted]

        (6)         A notice of appeal filed under this section does not operate as a stay of proceedings, but the warden’s court, on the application of any party to the proceedings, may make such order for the stay of proceedings, for an injunction or for the appointment of a receiver, and for the giving of security as it thinks necessary in the circumstances.

        (7)         When an appeal is withdrawn or abandoned an order staying proceedings lapses.

        [Section 147 amended: No. 39 of 2004 s. 78 and 85.]