130Appeal against decision of authority
(1) Subject to this section, any person who is aggrieved by any decision of any authority in
terms of this Act may, within twenty-eight days after being notified of the decision or action of
the authority concerned, appeal in writing to the Minister, submitting with his appeal such fee as
may be prescribed:
Provided that such appeal shall not suspend the operation of any order, decision or action of
the authority issued by the Authority.
(2) For the purpose of determining an appeal noted in terms of subsection (1), the Minister
(if he is not the authority concerned in the appeal) may require the authority to furnish him with
the reasons for the decision or action that is the subject of the appeal and a copy of any evidence
upon which the reasons are based.
(3) The Minister, after due and expeditious inquiry, may make such order on any appeal
noted in terms of subsection (1) as he considers just.
(4) An appeal shall lie to the Administrative Court against any order of the Minister in
terms of subsection (3).
(5) An appeal in terms of subsection (4), shall be made in the form and manner and within
the period prescribed in the rules of court.
(6) On appeal in terms of subsection (4), the Administrative Court may confirm, vary or set
aside the decision or action appealed against and may make such order, whether as to costs or
otherwise, as the court thinks just.
131Composition of Administrative Court for purposes of this Act
(1) For the purpose of hearing an appeal in terms of this Part or matter referred to it in
terms of section one hundred and twelve, the Administrative Court shall consist of a Senior
President of the Court and at least two assessors appointed in terms of subsection (2).
(2) Subject to subsection (3), of the assessors referred to in subsection (1)—
(a) one shall be appointed from a list of persons approved by the Chief Justice, who are or
have been Government environmental officers for a period of not less than five years;
and
(b) one shall be appointed from a list of persons who are not members of the Public
Service, nominated by the Senior Presidents of the Administrative Court and approved
by the Chief Justice.
(3) Whenever the Administrative Court is required to hear and determine any matter the
determination of which may require special knowledge not ordinarily possessed by an assessor
referred to in paragraph (b) of subsection (2), the Senior President of the Administrative Court
may, after consultation with the Chief Justice, appoint a special assessor in lieu of or in addition
to the assessor referred to in paragraph (b) of subsection (2).
PART XV
INTERNATIONAL OBLIGATIONS AND COMMITMENTS
132International obligations and commitments
(1) Where the Government is not yet party to an international environmental instrument
(hereinafter in this Part referred to as an “instrument”), the Minister may recommend to Cabinet
and Parliament to sign, ratify or accede to the instrument.
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