126A responsible person may petition Minister to have a plant declared invasive
alien species
(1) An owner or occupier may, in the prescribed manner, petition the Minister to declare
any plant to be an invasive alien species for the purposes of this Part.
(2) On receipt of such a petition, the Minister shall give written notice in the Gazette and in
a newspaper circulating widely in the district or portion of area of application and the notice
shall—
(a) set out the nature of the petition;
(b) specify the relevant district or portion thereof of application;
(c) call upon any persons responsible in the said district or portion of district to lodge
written submissions of any objections to the petition being acceded to;
(d) give not less than thirty days in which submissions may be made.
(3) The Minister shall take into consideration all submissions lodged in accordance with
subsection (2) and shall thereafter, make a decision within thirty working days after the period
fixed for receiving objections expires, whether or not to grant or refuse the petition.
(4) The Minister shall give written notice and reasons for his decision under subsection (3)
and shall publish such decision in the Gazette and in a newspaper with wide circulation in the
district of application.
127Alteration of Third Schedule
The Minister may, in consultation with the Agency, at any time, by statutory instrument,
add to or amend the Third Schedule or replace the whole or any part of that Schedule.
PART XIV
APPEALS
128Interpretation in Part XIV
In this Part and section one hundred and thirty-three—
“authority” means the Minister, the Secretary, the Agency, the Director-General, or a local
authority.
129Appeal against decision of inspector
(1) Subject to this section, any person who is aggrieved by any action, decision or order of
an inspector may appeal against it to the Director-General.
(2) An appeal in terms of subsection (1) shall be made in the form and manner prescribed
and shall be lodged with the Director-General within thirty days after the appellant was notified
of the action, decision or order appealed against.
(3) On an appeal in terms of subsection (1), the Director-General may conduct or cause to
be conducted such inquiry into the matter as he thinks appropriate and may confirm, vary or set
aside the action, decision or order appealed against:
Provided that the Director-General shall ensure that the appellant and the inspector are
given an adequate opportunity to make representations in the matter.
(4) The Director-General shall ensure that the appellant and the inspector are notified of the
decision reached by him in terms of subsection (3).
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