Appeals
7. (1) Subject to the provisions of subsection (2), the importer or
owner of a growing medium or plant or other thing, the destruction of
which has been ordered in accordance with the provisions of this Act
may, within seven days of the date of the order, lodge with the
Minister a notice of appeal against the order: Provided that there shall be no right of appeal in respect of –
(a) an order for the destruction of a growing medium or plant
declared by an inspector to be infested with a pest; or
(b) an order of destruction made under Section 5 (1) (e).
(2) A notice of appeal shall be in writing and shall specify the grounds
of the appeal.
(3) The Minister may, after such inquiries as he considers necessary
thereupon determine the appeal himself or may if he considers it
desirable refer the appeal to a board of inquiry appointed by him in
accordance with the provisions of this section.
(4) A board of inquiry for the purposes of this section shall consist of
three members appointed by the Minister of whom –
(a) one member, who shall be the chairman, shall be a legal
practitioner; and
(b) not less than two members shall be persons who are not public
officers.
(5) The powers, rights and privileges of a board of inquiry shall be the
same as those conferred upon commissioners by the Commissions of
Inquiry Act and the provisions of section 9 to 13 of that Act shall
mutatis mutandis apply in relation to the proceedings of a board of
inquiry appointed under this section and to a person summoned to
give evidence or giving evidence before a board of inquiry.
(6) The board of inquiry shall as soon as possible report its findings
and make recommendations in writing to the Minister who shall
thereupon determine the appeal giving due consideration to the
findings and recommendations of the board of inquiry.
(7) If a board of inquiry recommends that an appeal be dismissed it
may also recommend that the appellant pay to the Government the
costs incurred by the Government in connection with the appeal or
may make such other recommendations as it considers appropriate,
and the Minister in determining the appeal may give effect to such
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