The Environmental Protection Act of Guyana, Cap. 20:05 of the Laws of Guyana (Act No. 11 of 1996), established an Environmental Appeals Tribunal as a superior court of record with all the powers inherent in such a court. It can issue judgments, enforce its own orders, and punish contempt, as does the High Court of Justice. The Tribunal has not yet been empanelled.
The Tribunal is authorized to hear and decide a variety of appeals from administrative actions by the Environmental Protection Agency. These include appeals arising from: the refusal to grant an environmental authorization or permit; cancellation or suspension of an environmental authorization; conditions attached to any environmental authorization; the revocation or variance of an environmental authorization; an enforcement notice or a prohibition notice; or requirements of an environment permit.
The Tribunal is composed of a full time Chairman, a Vice-chairman, and other members. Both the Chairman and the Vice-chairman must be attorneys. The members can serve in a full-time, part-time, or periodic capacity, as necessary. The members (including the Chairman and the Vice-chairman) are appointed by the President based on their knowledge and experience in environmental protection, conservation, engineering, natural sciences, and social sciences. Members serve for at least two years. Grounds for dismissal include employment or interest that is incompatible with the functions of a member of the Tribunal; misbehaviour is also grounds for dismissal. If a member becomes ill and is unable to function in the post, the post can be filled on a temporary or permanent basis.
Every appeal to the Tribunal is instituted by filing with the Registrar of the Tribunal a notice of appeal and serving a copy thereof on the Secretary of the Agency or other respondent. The appeal must be filed within a set period of time, although the Tribunal can waive this requirement if it finds that the delay was reasonable. The appeal must specify the nature of the dispute and the grounds for appeal, and it must follow the format prescribed by Tribunal rules. Upon receiving a notice of appeal, the Agency or other respondent must forward to the Tribunal copies of all documents relating to the decision being appealed.