Malaysia legislation
Section 46
Section 46
(1)
There shall be established for the purpose of this Enactment an Appeal
Board which shall be known as the "Environment Appeal Board" whose function shall be to hear any appeal provided for under section 47.
(2)
The members of the Appeal Board shall be appointed by the Minister and shall consist of –
(a)
a Chairman who shall be an ex-judge or a person who is fit to be a high court judge; and
(b)
2 members, one of whom shall be a member of the State Civil
Service.
(3)
A member of the Appeal Board shall hold office for a period not exceeding 3
years and shall be eligible for reappointment.
(4)
A member shall be entitled to such remuneration or allowances as the
Minister may determine.
(5)
The Minister may revoke the appointment of any member without assigning any reason for such revocation.
(6)
A member of the Appeal Board having an interest in any matter before it shall, as soon as the member is aware of his interest, disclose the fact and nature thereof to the Chairman and shall take no part or further part in the proceedings of the Appeal
Board and in such circumstances, the Minister may appoint a replacement member.
(6A)
If a member of the Appeal Board is unable to attend an appeal proceeding due to illness or because of incapacity, the Minister may appoint a replacement member and such appointed member shall be provided with the notes of proceeding and all other related documents submitted before the Appeal Board.
(7)
Every disclosure of interest under subsection (6) shall be recorded.
(8)
An award made by the Appeal Board shall be final and binding on all parties to the appeal.
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(9)
In considering an appeal, the Appeal Board shall hear the appellant and the
Director.
(10)
The Appeal Board shall deliver a reasoned decision.
(11)
Prior to the Minister making rules to prescribe the procedure of the Appeal
Board, the following procedures shall apply –
(a)
the appellant shall state the grounds of the appeal;
(b)
the appellant shall compile all the documents or correspondence relating to the decision and shall forward one copy to the Director;
(c)
the Appeal Board may direct the appellant to give written statements to substantiate the appeal and a copy thereof shall be extended to the
Director;
(d)
the written statement shall be given within a period of one month or any extension allowed thereof;
(e)
the Appeal Board may allow any amendment to the statement;
(f)
the Appeal Board shall then fix a hearing date;
(g)
the hearing may be by way of a written statement which may contain facts and law;
(h)
if it is an oral hearing, the examination in-chief shall be by way of a written statement, subject to cross examination;
(i)
allow expert witnesses and the cost shall be borne by the party who calls the witness;
(j)
allow parties to have representations; or
(k)
generally direct and do all such things as may be necessary or expedient for the expeditious determination of the appeal.
(12)
In respect of an appeal before it, the-Appeal Board shall have powers to –
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(a)
summon the parties to the proceedings or any other person to attend before it to give evidence or other thing in the possession of that person or otherwise to assist the Appeal Board in its deliberations; or
(b)
require any person to bind himself by an oath to state the truth;
(13)
if the appellant fails to appear at the hearing without showing reasonable cause, the Appeal Board may dismiss the appeal.
(14)
The hearing before the Appeal Board shall be open to the public.
(15)
The decision of the Appeal Board shall be delivered within a period of three months after completion of the hearing.
(16)
No costs shall be awarded in a hearing before the Appeal Board.
(17)
The law of evidence shall not be applicable in a hearing before the Appeal
Board.
(18)
For the purposes of the Penal Code, the Appeal Board shall be deemed to be a court, and every member thereof shall be deemed to be a public servant.
Appeal