(b) for the purposes of any legal proceedings under this Act;
(c) when ordered to do so by any competent court; or
(d) if he or she is authorised to do so by the Minister.
(2)
The Council shall decide, after consultation with the applicant, which information will be kept
confidential and shall inform the applicant of its decision: Provided that the following information shall not
be kept confidential(a) the description of the genetically modified organisms, the name and address of the applicant, and
the purpose of the contained use or release and the location of use:
(b) the methods and plans for the monitoring of the genetically modified organisms and for
emergency measures in the case of an accident: and
(c) the evaluation of foreseeable impacts, in particular any pathogenic or ecologically disruptive
impacts.
(3)
Notwithstanding the provisions of subsection (2), the Council may after consultation with the
applicant and if the Council is satisfied on the grounds of information furnished by the applicant that certain
information should be withheld in order to protect the intellectual property of the applicant, withhold such
information for the period needed to protect such rights.
(4)
If, for whatever reasons, the applicant withdraws an application, any party who has knowledge of the
details of the application must respect the confidentiality of the information supplied.
Appeals
Section 19
(1)
A person who feels aggrieved by any decision or action taken by the Council, the registrar or an
inspector in terms of this Act may, within the period and in the manner prescribed and upon the payment of
the prescribed fee, appeal against such decision or action to the Minister, who shall appoint an appeal board
for the purpose of the appeal concerned.
(2)(a) An appeal board shall consist of the person or persons who, in the opinion of the Minister, has or
have expert knowledge and who is or are otherwise suitable to decide on the issues of the appeal concerned.
(b)
If an appeal board consisting of more than one person is appointed, the Minister shall designate one
of the members as chairperson of that appeal board.
(c)
A person appointed under paragraph (a), shall recuse himself or herself as a member of the appeal
board if he or she has any direct or indirect interest in tile subject matter of the appeal or if, for any other
reason, there is or there is likely to be a conflict of interests as a result of his or her participation in the
proceedings of the appeal board.
(3)
There may be paid to a member of an appeal board who is not in the full-time employment of the
State, from money appropriated by Parliament for such purpose, such remuneration or allowances as the
Minister, with the concurrence of the Minister of Finance, may determine.