The below procedure is relevant for appeals against a decision of ERA to the Environment and Planning Review Tribunal (EPRT) under Article 63 of the Environment Protection Act (Cap 549).
- Appeals from decisions of ERA must be made within 30 days from the date of publication or notification of the decision;
- Appeals from a notice must be made within 15 days of the receipt of the stop and compliance order.
Where a request for a reconsideration of a decision by the Environment and Resources Authority has been made within the time limit set above, the 30 day period for bringing an appeal begins when the Authority’s reply on the reconsideration is received.
Form of Appeals
Requests for appeals must:
- Include the correct fee;
- Make reference to the Authority’s decision or notice appealed from, with a copy of such decision or notice;
- Distinctly state the heads of the decision complained of under different headings, together with reasons under each heading for which the appeal is entered;
- State specifically the manner in which it is desired that the decision be varied under each heading; and
- Include all documentation which is relevant for the grounds of appeal.
If witnesses are required, the appeal must indicate the names and addresses of the witnesses they intend to produce in evidence, and state in respect of each one of them the facts they intend to establish through their evidence.
Submission of Appeal
The request for appeal should be either submitted in hard copy and by hand directly to the Environment and Planning Review Tribunal’s Secretary, St. Francis Ditch, Floriana, or sent by post to Environment and Planning Review Tribunal, PO Box 172, Marsa.
A party may request suspension of an action if it relates to a potentially irreversible action or an action that may potentially be of significant damage to the environment. Such suspension may be approved by the EPRT pending final decision, if the EPRT deems that this would be in the interest of avoiding any likely significant or irreversible effects or implications on the environment or for similarly justified reasons.
Court of Appeal
An appeal from decisions of the Tribunal shall lie to the Court of Appeal (Inferior Jurisdiction) on points of law. The appellant or any other persons who participated in the appeal may appeal from decisions of the Tribunal.
An appeal to the Court of Appeal (Inferior Jurisdiction) must be submitted within twenty days from when the decision of the Tribunal was delivered in public.