Forestry Appeals Committee Regulations 2018.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Forestry Appeals Committee Regulations 2018.
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paragraphs: In these Regulations-
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paragraphs: (1) The Minister may appoint to the Forestry Appeals Committee the following members:
(a) a chairperson, and
(b) any other person the Minister may determine appropriate to serve as an ordinary member.
(2) The chairperson and any 2 ordinary members of the Forestry Appeals Committee may hear an appeal.
(3) The chairperson and ordinary members of the Forestry Appeals Committee are appointed for a term specified in the instrument of appointment but not exceeding 3 years.
(4) The chairperson or ordinary member of the Forestry Appeals Committee may be reappointed.
(5) The chairperson or ordinary member of the Forestry Appeals Committee (excluding officers of the Minister) shall be paid such remuneration and such allowances for expenses as may be determined by the Minister and the Minister for Public Expenditure and Reform.
(6) The chairperson or ordinary member may resign from office by notice in writing to the Minister and the resignation takes effect on the date that the Minister receives the notice or if a date is specified in the notice, and the Minister agrees to that date, on that date.
(7) The Minister may remove the chairperson or ordinary member of the Forestry Appeals Committee from office—
(a) if the chairperson or ordinary member becomes incapable through ill-health of effectively performing his or her functions,
(b) for stated misbehaviour, or
(c) if the chairpersons or ordinary members removal appears to the Minister to be necessary for the effective performance by the Forestry Appeals Committee of its functions.
(8) The Forestry Appeals Committee shall be independent in the performance of its functions.
(9) Where a member of the Forestry Appeals Committee believes that his or her participation in an appeal would give rise to the perception of any potential conflict of interest, he or she shall disclose that to the parties concerned.
(10) The chairperson shall ensure that the functions of the Forestry Appeals Committee are performed efficiently and as expeditiously as may be consistent with fairness and natural justice.
(11) The Forestry Appeals Committee shall hold such appeal hearings as may be necessary for the performance of its functions.
(12) The Forestry Appeals Committee shall determine decisions by a majority of the votes of the members present and, in the event that voting is equally divided, the chairperson shall have a casting vote in addition to his or her deliberative vote.
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paragraphs: (1) Where a person is dissatisfied with a decision made by the Minister or an officer of the Minister under an enactment or statutory instrument set out in Schedule 2 of the Act, he or she may appeal to the Forestry Appeals Committee against the decision by written notice to the chairperson of the Forestry Appeals Committee within 28 days of the date of the Minister’s decision.
(2) The Forestry Appeals Committee shall not consider an appeal, notice of which is received by it later than the expiration of the period referred to in paragraph (1).
(3) A notice of appeal shall contain—
(a) the name and address of the appellant and his or her nominated agent, if any,
(b) the full grounds of appeal including a statement of the facts and reasoning on which the appellant relies, and
(c) such documents, particulars or other information relating to the appeal that the appellant considers necessary or appropriate.
(4) The appellant shall submit the notice of appeal to the office of the Forestry Appeals Committee, along with such documentary evidence as the appellant wishes to rely on in support of his or her appeal, and the notice shall contain a list of any such documents.
(5) Where a valid appeal has been received within the period referred to in paragraph (1) and accepted by the chairperson, the chairperson may extend the time for submission of supporting documents where the appellant requests such an extension and the chairperson believes that the request is justified.
(6) A person wishing to withdraw an appeal may do so by sending a written notice to that effect to the Forestry Appeals Committee.
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paragraphs: The Forestry Appeals Committee may, at its discretion, treat two or more appeals as a single appeal.
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paragraphs: (1) The Forestry Appeals Committee shall notify the Minister of each notice of appeal.
(2) The Minister shall, in relation to each notice of appeal, furnish the Forestry Appeals Committee with the following—
(a) a statement showing the extent to which the facts and contentions advanced by the appellant are admitted or disputed, and
(b) information, documents or items in the power or control of the Minister that is relevant to the appeal.