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 6

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