Forestry Appeals Committee Regulations 2020.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Forestry Appeals Committee Regulations 2020.
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paragraphs: In these Regulations-
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paragraphs: (1) Where the Minister appoints a chairperson, a deputy chairperson or ordinary member of the Forestry Appeals Committee, such appointment shall be in writing, and for such term as is specified in the instrument of appointment.
(2) The term of appointment referred to in paragraph (1) shall not exceed 3 years.
(3) The chairperson, a deputy chairperson or ordinary member of the Forestry Appeals Committee may be reappointed.
(4) The chairperson, a deputy 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.
(5) The chairperson, a deputy chairperson or ordinary member of the Forestry Appeals Committee 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.
(6) The Minister may remove the chairperson, a deputy chairperson or ordinary member of the Forestry Appeals Committee from office—
(a) if the chairperson, a deputy chairperson or ordinary member becomes incapable through ill-health of effectively performing his or her functions,
(b) for stated misbehaviour, or
(c) if the chairperson, a deputy chairperson or ordinary member’s removal appears to the Minister to be necessary for the effective performance by the Forestry Appeals Committee of its functions.
(7) Where the chairperson, a deputy chairperson or ordinary 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.
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paragraphs: (1) The chairperson of the Forestry Appeals Committee 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.
(2) The chairperson of the Forestry Appeals Committee shall, from time to time, constitute such and so many divisions of the Forestry Appeals Committee as he or she considers necessary having regard to the workload of the committee and the availability of members.
(3) The Chairperson shall direct the assignment of committee members and appeals to each division so constituted, and in so doing shall have regard to any directive from the Minister under section 14D of the Act.
(4) Other than the case where a division of the Forestry Appeals Committee is composed of 2 persons, 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 wishes to make an appeal under section 14A(4) of the Act, he or she shall make such appeal to the Forestry Appeals Committee, in a format required by the Committee, within a period of 28 days beginning on the date of the 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 grounds, documents and evidence referred to in section 14B(4) of the Act, and
(c) any fee proscribed under section 14F of the Act.
(4) The Forestry Appeals Committee shall not consider an appeal which does not contain the requirements referred to in paragraph (3).
(5) The appellant shall submit the notice of appeal to the office of the Forestry Appeals Committee, along with all submissions and 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.
(6) A person wishing to withdraw an appeal may do so by sending a written notice to that effect to the Forestry Appeals Committee.
(7) Where the Minister confirms to the Forestry Appeals Committee that the applicant for a licence to which an appeal relates has withdrawn the application, and a determination has not been reached by the Forestry Appeals Committee, the Committee shall dismiss such appeal proceedings.
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paragraphs: The Forestry Appeals Committee may, at its discretion, hear 2 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.