Revised Laws of Saint Lucia (2021)

Schedule 1

(Section 8)

CONSTITUTION AND PROCEDURE OF THE PHYSICAL PLANNING AND DEVELOPMENT APPEALS TRIBUNAL

1.

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   (1)   The Appeals Tribunal shall consist of not less than 3 or more than 5 members, appointed by the Cabinet, of whom the Chairperson shall be a legal practitioner of not less than 5 years standing and the other members shall have training or experience in environmental sciences, physical planning, engineering, architecture, land surveying or land development.

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   (2)   A member of the Appeals Tribunal shall, subject to the provisions of this Schedule, hold office for a period not exceeding 3 years, but shall be eligible for reappointment.

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   (3)   Where the Chairperson or any member of the Appeals Tribunal is absent or unable to perform the functions of their office, the Cabinet may appoint another person to act temporarily in place of the Chairperson or that member.

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   (4)   Any member of the Appeals Tribunal, may at any time resign from office by instrument in writing addressed to the Cabinet and transmitted through the Chairperson, and such resignation shall take effect as from the date of receipt of that instrument by the Cabinet.

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   (5)   The Cabinet may at any time revoke the appointment of any member of the Appeals Tribunal, including the Chairperson.

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   (6)   The appointment of any member of the Appeals Tribunal and the termination of office of any person as a member, whether by death, resignation, removal, effluxion of time or otherwise, shall be published in the Gazette.

2.

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   (1)   The Cabinet shall appoint a public officer to be Secretary of the Appeals Tribunal.

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   (2)   The Secretary shall keep a written record of all proceedings of the Appeals Tribunal, which shall be confirmed by the Chairperson.

3.

Each member of the Appeals Tribunal shall be paid such remuneration and allowances, if any, as Cabinet may determine.

4.

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   (1)   The Appeals Tribunal shall convene at such time, at such places and on such days as may be necessary or expedient for the discharge of its functions.

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   (2)   The quorum for proceedings of the Appeals Tribunal shall comprise a majority of the members, but where a member is disqualified from taking part in the proceedings of the Appeals Tribunal in respect of any matter, that member shall be disregarded for the purpose of constituting a quorum for hearing, deliberating on and deciding that matter.

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   (3)   The decisions of the Appeals Tribunal shall be by a majority of votes of those members present and voting and, in addition to an original vote, the Chairperson shall have a second or casting vote in any case in which the voting is equal.

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   (4)   A member of the Appeals Tribunal shall, as soon as is practicable inform, the Chairperson of any matter in which he or she has, either directly or indirectly, personally or by his or her spouse, partner, business associate or company, any pecuniary or business interest and that member shall take no part, directly or indirectly, in any hearing, deliberation or decision by the Appeals Tribunal on that matter.

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   (5)   The decisions of the Appeals Tribunal shall be authenticated by the signature of the Chairperson and the Secretary.

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   (6)   Subject to the provisions of this paragraph, the Appeals Tribunal shall have the power to regulate their own proceedings.

5.

A member of the Appeals Tribunal shall not, either directly or indirectly, except in the performance of a function or duty under or in connection with this or any other written law or as required by any other legal duty make a record of or divulge or communicate to any person information concerning the affairs of another person which he or she acquired by reason of their office under or for the purposes of this Act.

6.

The validity of any proceedings of the Appeals Tribunal shall not be affected by any vacancy in its membership or by any defect in the appointment of any of its members.

7.

In this Schedule, “Chairperson” includes a person appointed or elected, as the case may be, to act temporarily in the place of the Chairperson.