The Water Abstraction (Transitional Provisions) Regulations 2017

PART 3 E+W Appeals procedure

Appeals to the Secretary of State or the Welsh Ministers under section 36A(4) (decision on type of abstraction licence) E+W

11.—(1) The period within which any notice of appeal under section 36A(4) must be served is 28 days from the date on which notice of the decision to which the appeal relates is served on the applicant.

(2) A notice of appeal under section 36A(4) must state the grounds of appeal and be accompanied by a copy of—

(a) the application to which the appeal relates;

(b) any information or report submitted to the appropriate agency with the application;

(c) the notice of the decision on the application;

(d) all other relevant correspondence with the appropriate agency.

Appeals to the Secretary of State or the Welsh Ministers under section 43 (decision on licence application) E+W

12.—(1) For the purposes of section 43(3)(b), the prescribed period for serving a notice of appeal is 28 days.

(2) A notice of appeal under section 43 must state the grounds of appeal and be accompanied by a copy of—

(a) the application to which the appeal relates;

(b) any information or report submitted to the appropriate agency with the application;

(c) the notice of the decision on the application, if any;

(d) all other relevant correspondence with the appropriate agency.

(3) The appropriate agency must, within 14 days of receiving a notice of appeal under section 43, serve a copy of that notice on—

(a) any person who within the period referred to in section 37(4)(b) made representations in writing in relation to the application;

(b) any National Park authority or the Broads Authority served with a notice in accordance with paragraph 9(2) that, within the period referred to in paragraph 9(3)(b), made representations in writing in relation to the application.

(4) When serving a copy of a notice of appeal, the appropriate agency must notify the recipient in writing—

(a) that the recipient may make further representations in writing in relation to the appeal;

(b) of where any such representations must be sent;

(c) of the date by which those representations must be received.

Prescribed periods E+W

13.—(1) The prescribed period for the purposes of section 44(3)(a) is 21 days from the date on which notice of appeal is served on the persons referred to in section 43(5).

(2) The prescribed period for the purposes of section 45(2)(b) is 21 days from the date on which notice of appeal is served on the National Park authority or the Broads Authority.