(1) | There is an appeal to the Water Tribunal — |
(b) | against a claim by a catchment management agency for the recovery of costs under section 19(5) or 20(7) by the person affected thereby; |
(c) | against the apportionment by a catchment management agency of a liability for costs under section 19(8) or 20(9), by a person affected thereby; |
(f) | subject to section 41(6), against a decision of a responsible authority on an application for a licence under section 41, or on any other application to which section 41 applies, by the applicant or by any other person who has timeously lodged a written objection against the application; |
[Paragraph (f) amended by section 4(a) of Act No. 27 of 2014]
(g) | against a preliminary allocation schedule published by a responsible authority under section 46(1), by any interested person; |
(h) | subject to section 41(6), against the amendment of a condition of a licence by a responsible authority on review under section 49(2), by any person affected thereby; |
[Paragraph (h) amended by section 4(b) of Act No. 27 of 2014]
(i) | against a decision of a responsible authority on an adjudication of claims made under section 51(1), by any person affected thereby; |
(j) | against a directive issued by a responsible authority under section 53(1), by the recipient thereof; |
(k) | against a claim by a water management institution for the recovery of costs under section 53(2)(a), by the person against whom the claim is made; |
(l) | against a decision by a responsible authority on the suspension, withdrawal or reinstatement of an entitlement under section 54, or on the surrender of a licence under section 55, by the person entitled to use water or by the licensee; and |
(m) | against a declaration made by, directive given by or costs claimed by the Minister in respect of a dam with a safety risk under section 118(3) or (4). |
(2) An appeal under subsection (1)—
(a) | does not suspend a directive given under section 19(3), 20(4)(d) or 53(1); and |
(b) | suspends any other relevant decision, direction, requirement, limitation, prohibition or allocation pending the disposal of the appeal, unless the Minister directs otherwise. |
(3) An appeal must be commenced within 30 days after—
(a) | publication of the decision in the Gazette; |
(b) | notice of the decision is sent to the appellant; or |
(c) | reasons for the decision are given, |
whichever occurs last.
(4) The procedure for lodging, hearing and deciding—
(a) | an appeal under subsection (1); and |
(b) | an application for the determination of compensation under section 22, is contained in Part 2 of Schedule 6. |
(5) The chairperson may make rules which—
(a) | govern the procedure of the Tribunal, including the procedure for lodging and opposing an appeal or an application and the hearing thereof by the Tribunal; |
(b) | may provide for application or appeal fees payable by a claimant or appellant and |
(c) | must be approved and published in the Gazette by the Minister. |