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Section 15: Appeals

Radiation Protection Act · PART III: LICENSING AND RELATED PROVISIONS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

15. Appeals (1) Any person who is aggrieved by the decision of the Authority under section 11, 12, 13 or 14 may appeal to the Minister by lodging with the Chief Radiation Protection Officer a written notice of appeal together with grounds of appeal, within 14 days of the date of the decision. (2) The Minister may, on receipt of a notice under subsection (1), appoint an Appeal Committee to advise him on the subject matter of the appeal. (3) An Appeal Committee shall consist of— (a) a Chairperson who shall be a barrister with at least 5 years’ experience; and (b) 2 other persons with at least 5 years’ experience in the field of radiation protection. (4) The members of the Appeal Committee shall be appointed by the Minister. (5) No person shall be eligible to be appointed on an Appeal Committee if he— (a) is a licensee; or (b) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered by the Committee. (6) Any member of the Appeal Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Appeal Committee shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Appeal Committee. (7) A disclosure under subsection (6) shall be recorded in the minutes of the meeting of the Appeal Committee and the member shall not, unless the Minister otherwise determines— (a) be present during any deliberation of the Appeal Committee with respect to that matter; or [Issue 1] R3 – 10 Revised Laws of Mauritius (b) take part in any decision of the Appeal Committee with respect to that matter. (8) Where a person appeals to the Minister under subsection (1), his licence shall be deemed to continue to be in force unless the Authority decides otherwise on the grounds of public safety. (9) The members of the Appeal Committee shall be paid such fees as the Minister may determine.

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