Section 3: Establishment of Tribunal

3. Establishment of Tribunal (1) There is established, for the purposes of this Act and the relevant Acts, a Tribunal to be known as the Environment and Land Use Appeal Tribunal which shall consist of— (a) a Chairperson, who shall be a barrister of not less than 10 years’ standing, appointed by the Public Service Commission; (b) one or more Vice-chairpersons, who shall be a barrister or barristers of not less than 5 years’ standing, appointed by the Public Service Commission; (c) such other members as may be necessary to enable the Tribunal to discharge its functions under this Act and the relevant Acts, who are not— (i) public officers of the Ministry responsible for the subject of environment, housing, land use or local government; (ii) members, chief executives or officers of a local authority; or (iii) members of, or candidates for election to, the Assembly, the Rodrigues Regional Assembly or a local authority, or persons otherwise actively engaged in politics. (2) The Chairperson and a Vice-chairperson may be called upon by the Public Service Commission to act as Chairperson or Vice-chairperson of any tribunal established under any other enactment. (3) The members referred to in subsection (1) (c) shall— (a) be appointed by the Attorney-General, after consultation with the Ministers to whom responsibility for the subjects of environment, housing, local government and civil service are assigned, on an ad hoc basis and for such period as he considers necessary; (b) be paid an all-inclusive allowance, subject to the approval of the Minister to whom responsibility for the subject of finance is assigned; and (c) be under the administrative control of the Chairperson. (4) Where the subject matter of an appeal relates to a technical field, the Attorney-General may, on the recommendation of the Chairperson, enlist the services of a suitable expert in the field, to act as member of the Tribunal on an ad hoc basis for such period as he considers necessary. (5) (a) The Tribunal shall sit in one or more divisions. (b) A division shall consist of the Chairperson, or a Vice-chairperson, and 2 other members selected by the Chairperson. [Issue 9] E11A – 2 (c) A division may be set up on a temporary basis for a period not exceeding one year where there is a backlog of cases before the Tribunal and such division shall be chaired by a Senior District Magistrate, who shall be designated by the Chief Justice, to act as Vice-Chairperson of the Tribunal during that period. (d) Any decision of a division of the Tribunal shall be considered to be the decision of the Tribunal. (6) (a) There shall be a Secretary to the Tribunal who shall be appointed by the Public Service Commission and who shall be responsible for— (i) keeping a record of the proceedings of the Tribunal; (ii) keeping in safe custody the papers and documents of the Tribunal; (iii) issuing summonses and recording statements of witnesses called before the Tribunal; and (iv) performing such other duties as the Tribunal may require. (b) The Secretary to Cabinet and Head of the Civil Service may, at the request of the Chairperson, designate such public officers as may be necessary to enable the Tribunal to discharge its functions under this Act. (c) The Secretary and public officers referred to in this subsection shall be under the administrative control of the Chairperson. (7) For the proper discharge of the functions of the Tribunal, the Master and Registrar shall designate such number of usher as the Tribunal may require. (b) The Secretary to Cabinet and Head of the Civil Service may, at the request of the Chairperson, designate such public officers as may be necessary to enable the Tribunal to discharge its functions under this Act. (c) The Secretary and public officers referred to in this subsection shall be under the administrative control of the Chairperson. (7) For the proper discharge of the functions of the Tribunal, the Master and Registrar shall designate such number of ushers as, in the opinion of the Chairperson, are required for that purpose.