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Amendment of section 14A of Act of 2001
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3. Section 14A of the Act of 2001 is amended—
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(a) by the insertion of the following subsections after subsection (1):
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“(1A) The Minister shall appoint the chairperson and such number of members as he or she considers appropriate to the Forestry Appeals Committee.
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(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’).”,
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(b) by the insertion of the following subsections after subsection (2):
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“(2A) The Forestry Appeals Committee may sit in divisions.
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(2B) A deputy chairperson may chair a division of the Forestry Appeals Committee.
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(2C) A division of the Forestry Appeals Committee shall comprise at least 2 persons, being—
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(a) the chairperson or a deputy chairperson, and
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(b) one other member of the Committee.
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(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.
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(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.
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(2F) The Forestry Appeals Committee shall be independent in the performance of its functions.”,
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(c) in subsection (3), by the deletion of “but, in a case where a majority (or all) of the members of the Committee are such officers, a majority of such officers shall be of a grade senior to the grade of the officer who made the decision, the subject of the appeal to the Committee”,
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(d) by the substitution of the following subsection for subsection (4):
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“(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.
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(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).”,
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(e) by the deletion in subsection (5) of “, subject to subsection (6),”, and
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(f) by the deletion of subsection (6).
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