Agriculture Appeals Act 2001

14A

F18[Establishment of Forestry Appeals Committee and its function

14A.(1) The Minister shall establish a committee, which shall be known and is in this Act referred to as the Forestry Appeals Committee, consisting of a chairperson and such and so many other members (not being less than 2) as the Minister determines.

F19[(1A) The Minister shall appoint the chairperson and such number of members as he or she considers appropriate to the Forestry Appeals Committee.

(1B) The Minister may designate one or more than one member of the Forestry Appeals Committee to perform the functions of a deputy chairperson (in this Act referred to as a “deputy chairperson”).]

(2) The function of the Forestry Appeals Committee shall be to hear and determine appeals specified in subsection (4).

F19[(2A) The Forestry Appeals Committee may sit in divisions.

(2B) A deputy chairperson may chair a division of the Forestry Appeals Committee.

(2C) A division of the Forestry Appeals Committee shall comprise at least 2 persons, being

(a) the chairperson or a deputy chairperson, and

(b) one other member of the Committee.

(2D) Where a division of the Forestry Appeals Committee includes the chairperson and one or more than one deputy chairperson, a deputy chairperson shall, for the purposes of subsection (2C)(b), be considered to be a member of the Committee.

(2E) Where a division of the Forestry Appeals Committee is composed of 2 persons, and the Committee cannot reach a unanimous determination of an appeal specified in subsection (4), the appeal shall be reconsidered by a division composed of 3 other persons.

(2F) The Forestry Appeals Committee shall be independent in the performance of its functions.]

(3) An officer of the Minister shall be eligible for appointment as a member (including as chairperson) of the Forestry Appeals Committee F20[].

F21[(4) (a) Where a person is dissatisfied by a decision made by the Minister under an enactment or statutory instrument specified in Schedule (2) (referred to in this section and sections 14B and 14D as a “decision”) he or she may, within a period of 28 days beginning on the date of the decision, appeal to the Forestry Appeals Committee against the decision.

(b) The Minister may, having regard to the public interest in the efficient conduct and determination of appeals, prescribe a period which shall be not longer than 28 days and not shorter than 14 days to be the period, of less than the period of 28 days referred to in paragraph (a), within which an appeal may be brought under that paragraph (a).]

(5) The decision of the Forestry Appeals Committee on such an appeal shall F22[] be final and conclusive.

(6) F22[]]

Annotations

Amendments:

F18

Inserted (24.05.2017) by Forestry Act 2014 (31/2014), s. 35(c), S.I. No. 189 of 2017.

F19

Inserted (6.10.2020) by Forestry (Miscellaneous Provisions) Act 2020 (15/2020), s. 3(a), (b), S.I. No. 412 of 2020, subject to transitional provisions in s. 6(1)(a).

F20

Deleted (6.10.2020) by Forestry (Miscellaneous Provisions) Act 2020 (15/2020), s. 3(c), S.I. No. 412 of 2020, subject to transitional provisions in s. 6(1)(a).

F21

Substituted (6.10.2020) by Forestry (Miscellaneous Provisions) Act 2020 (15/2020), s. 3(d), S.I. No. 412 of 2020.

F22

Deleted (6.10.2020) by Forestry (Miscellaneous Provisions) Act 2020 (15/2020), s. 3(e), (f), S.I. No. 412 of 2020, subject to transitional provisions in s. 6(1)(b).

Editorial Notes:

E27

Power pursuant to subs. (4)(b) exercised (11.09.2023) by Agriculture Appeals Act 2001 (Section 14A) Regulations 2023 (S.I. No. 423 of 2023).

E28

Power pursuant to subs. (4)(b) exercised (12.07.2021) by Agriculture Appeals Act 2001 (Section 14A) Regulations 2021 (S.I. No. 353 of 2021).