partxii - LEGAL PROCEEDINGS

LEGAL PROCEEDINGS

Immunity of
Officials

68.

No legal proceeding shall be brought against the Minister, Director, an inspector, an analyst or any other person duly authorized by the Minister, the Director, inspector or analyst to do anything authorized under this Act, in respect of anything done in good faith under the provisions of this Act.

Establishment of
Environmental
Appeals
Tribunal

69.

There is hereby established an Environmental Appeals Tribunal (in this Act otherwise referred to as Me 'Tribunal") which shall

consider appeals against any decision or action of the Minister, Director or inspector under this Act;

consider appeals against the refusal by the Minister or Director to issue a license under this Act;

consider appeals against the revocation by the Minister or Director of a license issued under this Act;

consider appeals against the closure pursuant to this Act of any premises;

consider such other issues relating to the protection and management of the environment and the conservation and sustainable utilization of natural resources as the Minister, the Director or any person may refer to it.

Composition
of Tribunal

70.

The Tribunal shall consist of—

a suitably trained and qualified person appointed by the President, on the recommendation of the Minister, who shall be Chairs; and

two other members appointed by the President, on the recommendation of the Minister, both of whom shall be sufficiently qualified in the protection and management of the environment and the conservation and sustainable utilization of natural resources and the appointment of each member of the Tribunal shall be subject to confirmation by the Public Appointments Committee.

The decisions of the Tribunal shall be by a majority.

The Tribunal shall not be bound by rules of evidence and shall admit as evidence any matter which in its opinion shall assist it to arrive at a just and equitable decision for the advancement of the purposes of this Act.

The Tribunal shall make its own rules of procedure and shall have power to

summon any person to give evidence in any proceedings before the Tribunal or to produce to the Tribunal any document relevant to the proceedings before it;

confirm, vary, amend or alter a decision made by the Minister, the Director or inspector or reverse or substitute such decision for any decision which is just and equitable and which is in the interest of the protection and management of the environment or the conservation and sustainable utilization of natural resources.

Any person aggrieved with the decision of the Tribunal may appeal to the High Court within thirty days from the date of the decision of the Tribunal.

Failure
to Attend

71.

If a party fails to attend or to be represented at the proceedings of the Tribunal without good cause, the Tribunal may proceed in the absence of that party or representative.

Representation
of Parties

72.

(1) A party to any proceedings before the Tribunal may—

appear personally; or

be assisted or represented by a legal practitioner.

Enforcement
of orders

73.

Any decision or order of the Tribunal shall have the same force and effect as any other decision or order of a competent court and shall be enforceable accordingly.

Costs

74.

Subject to subsection (2), the Tribunal shall not make any order as to costs but nothing m this subsection shall prevent a legal practitioner from agreeing with his or her client the payment of solicitor and own client costs.

The Tribunal may make an order as to costs where a patty fails to attend, without good cause, any proceedings of the Tribunal or where the matter is vexatious or frivolous.

Liability of
bodies
corporate, etc.

75.

Where an offense under this Act is committed by a body corporate or a partnership

in the case of the body corporate, every director, manager or seminar officer of the body corporate shall be guilty of the offense; and

in the case of a partnership, every partner shall jointly and severally be guilty of the offense.

A person shall not be guilty of an offense under subsection (1), if he proves to the satisfaction of the court that the act constituting the offense was done without his knowledge, consent or connivance and that he did his part to prevent the commission of the offense having regard to all the circumstances of the case.