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The Waste and Contaminated Land (Northern Ireland) Order 1997


This is the original version (as it was originally made).

Appeals against remediation notices

58.—(1) A person on whom a remediation notice is served may, within the period of 21 days from the day on which the notice is served, appeal against the notice—

(a)if it was served by a district council, to a court of summary jurisdiction; or

(b)if it was served by the Department, to the Planning Appeals Commission;

and in the following provisions of this Article “the appellate authority” means the court of summary jurisdiction or, as the case may be, the Planning Appeals Commission.

(2) Part I of Schedule 2 shall have effect with respect to appeals to the Planning Appeals Commission under paragraph (1).

(3) On receipt of an appeal under paragraph (1) the Planning Appeals Commission shall give notice of the appeal to the Department.

(4) On any appeal under paragraph (1) the appellate authority—

(a)shall quash the notice, if it is satisfied that there is a material defect in the notice; but

(b)subject to that, may confirm the remediation notice, with or without modification, or quash it.

(5) Where an appellate authority confirms a remediation notice, with or without modification, it may extend the period specified in the notice for doing what the notice requires to be done.

(6) Regulations may—

(a)make provision with respect to appeals under this Article and in particular as to the period within which and the manner in which appeals are to be brought;

(b)prescribe the cases in which a remediation notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

(c)prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the remediation notice against which he is appealing;

(d)prescribe the cases in which the appellant may claim that a remediation notice should have been served on some other person and prescribe the procedure to be followed in those cases.

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