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

Chapter 9 : Appeals

75. Advisory appeal panel

 

(1) The Minister or an MEC may appoint an advisory appeal panel to consider and advise the Minister or the MEC on an appeal.

 

(2) An advisory appeal panel must consist of an uneven number of members.

 

(3) The members appointed by the Minister or an MEC must—
(a) have suitable qualifications and experience in relation to the matters that must be considered in the appeal; and
(b) be committed to the objects of this Act.

 

(4) A person may not be appointed as a member of the appeal panel if he or she—
(a) was involved in any way in the making of the decision appealed against;
(b) or any spouse, partner or close family member of that person has a personal or private interest in the appeal;
(c) is an unrehabilitated insolvent;
(d) has, as a result of improper conduct, been removed from an office of trust; or
(e) has been declared by a court to be mentally ill or disordered.

 

(5) The Minister, with the consent of the Minister of Finance, or the MEC, with the consent of the member of the provincial executive council responsible for finance, must determine the rate of remuneration and the allowances payable to any member of an advisory appeal panel who is not an employee of an organ of state.