National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Chapter 9 : Appeals

77. Proceedings of advisory appeal panel

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(1)The chairperson of an advisory appeal panel decides when and where the panel meets.

 

(2)An advisory appeal panel must give the appellant, the person who made the decision or gave the notice appealed against, and any other interested and affected parties, a reasonable opportunity of making written submissions, and may allow oral representations to be made.

 

(3)        An advisory appeal panel—

(a)must act fairly;
(b)may determine its own procedures;
(c)may convene hearings and make orders concerning preliminary and procedural matters;
(d)may summon and examine witnesses on oath;
(e)must, in considering the merits of an appeal, have regard to—
(i)the objects of this Act; and
(ii)any relevant coastal management objectives or standards and relevant policies; and
(iii)guidelines published or endorsed by the Department or the provincial lead agency concerned.

 

(4)An advisory appeal panel must give a written report to the Minister or an MEC, setting out its findings and recommendations.

 

(5)The decision of the majority of the members of an advisory appeal panel is the decision of the panel, but the chairperson must ensure that any dissenting opinions by members are recorded in the written report of the panel.