Appeal

Who is a Respondent?

A Respondent is a party who responds to an appeal filed by an Appellant. It can be any of the following: Ministry of Housing and Lands, Local Authorities, Ministry of Environment.


Who is a Co-respondent?

Co-Respondent is a party who is joined in the appeal process by the Appellant because he/she/it has an interest in the matter. It can be an objector or a permit holder.


Who can file appeal?

Any person aggrieved by the decision of the Ministry of Housing and Lands, Local Authorities, Ministry of Environment, in regards to Building and Land Use Permit, EIA License, PER and Morcellement Permits, OPP.


Who can duly represent an appellant at any sitting of the Tribunal?

An Appellant can conduct his own case, or, may be represented by Barrister or an Attorney or, with leave with the Tribunal, be assisted by a person having expertise in the subject matter.


What language can I use to file my appeal?

English or French. Appellants can with the permission of the Tribunal, depone in Creole at the hearing if they cannot speak English or French.


What is an appeal?

An appeato the Tribunais the process by which decisions of Ministry of Housing and Lands, Local Authorities, Ministry of Environment, in regards to Building and Land Use Permit, Environment Impact Assessment License (EIA)Preliminary Environment Report (PER), Morcellement Permits and Outline Planning Permissions (OPPcan be reviewed.

 

What are the time limits?

21 days from the receipt of the notification of the decision.

 

 


Is it possible to withdraw an appeal made?

An appellant may withdraw his appeal from the day it has been lodged by making a motion in court or by a letter supported by copy of National Identity Card (NIC).


Is it possible to make an appeal against the decision of the Tribunal?

Yes.

Any party who is dissatisfied with the final decision of the Tribunal may appeal the Supreme Court within 21 days.

Please refer to Section (6) of the ELUAT Act.


How many appellants can lodge one appeal?

Person(s) aggrieved by the decisions of Ministry of Housing and Lands, Local Authorities, Ministry of Environment.

If there is more than one Appellant lodging an appeal, one person can be designated to represent the other appellants before the Tribunal. An authorisation letter should be submitted with the signature of all the appellants authorising the designated person to represent them during Tribunal proceedings.



Do I need to pay a fee to lodge an appeal?

No fee is presently paid. The Tribunal may in future set out a fee to be paid by Appellants. The amount will be communicated on this site.


Can Notice of Appeal and Statement of Case be handwritten?

Notice of appeal can be hand written. Statement of Case and witness statement, if any, must be duly typed.


Determination

 What is a determination?

It is the final decision of the Tribunal after the hearing.


How will the determination given by Tribunal be communicated to the parties?

Parties will be informed by way of circular and a copy of same can be collected at the Registry of the Tribunal.


How do I get a copy of the court transcripts, determinations or documents filed in court?

A formal request addressed to the Secretary of the Tribunal must be forwarded to the Registry. As far as possible such copies will be communicated in electronic form.​


Hearing


Will the Tribunal provide us the service of a lawyer?

There is no legal aid available at the Tribunal.

 


What happens if I do not show up to my hearing?

The hearing will be postponed to a later date. Please note repetitive absences may lead to the case being struck out.


How do I know when my hearing date is?

Hearing date will be communicated by way of letter. The Tribunal will inform the Appellant by way of letter or in the Tribunal itself.


Do I need a lawyer?

A party may conduct his own case or be represented by a barrister or attorney or, with leave of the Tribunal, be assisted by a person having expertise in the subject matter of the appeal.


Are all hearings recorded?

Yes, the hearings are digitally recorded.​​