| (1) | The Appeal Authority may decide an appeal is complex if it requires:— |
| (a) | an external expert/ specialist to assist the Appeal Authority to render a decision; |
| (b) | the Appeal Administrator to undertake a site inspection to properly advise the Appeal Authority; or |
| (c) | more than one Appeal Administrator to process the appeal due to the technical nature of its subject matter. |
| (2) | Despite Regulation 25F, if the Appeal Authority decides an appeal is complex based on the need to appoint an expert, then: |
| (a) | the Appeal Administrator/Appeals Committee must commence with the process to appoint an expert within ten (10) days of the instruction from the Appeal Authority; |
| (b) | the expert panel must provide their recommendations to the Appeal Administrator within thirty (30) days of receiving the instruction from the Appeal Administrator; |
| (c) | the Appeal Administrator must provide recommendations to the Minister within twenty (20} days of receiving the expert recommendation; and |
| (d) | the Appeal Authority must decide on an appeal, and notify the appellant, applicant, and, where applicable, any interested and affected party and affected organs of state of its decision within thirty (30) days of receiving recommendations from the Appeal Administrator. |
| (3) | If the Appeal Authority decides an appeal is complex based on the need to do a site inspection, then— |
| (a) | the Appeal Administrator/ Appeals Committee must undertake the site Inspection within ten (10) days of the instruction from the appeal authority; and |
| (b) | where an appeal is complex in terms of regulation 25I(1)(b) and (c) of these Regulations, then— |
| (i) | the Appeal Administrator must make recommendations to the Appeal Authority within thirty (30) days of response or answer, whichever is applicable; and |
| (ii) | the Appeal Authority may decide on an appeal and notify the appellant, applicant, and where applicable, any interested and affected party and organs of state, of its decision within fifty (50) days of receiving recommendations from the Appeal Administrator. |
[Section 25I inserted by section 5 of the Amendment Regulations under the National Forests Act, 2024, Notice No. R. 5650, GG51847, dated 6 January 2025]
