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Environmental Assessment (Forestry) Regulations (Northern Ireland) 1998

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Requests to review enforcement notices

16.—(1) Any person on whom an enforcement notice has been served may request the Department to review the enforcement notice.

(2) Any request to the Department to review an enforcement notice under this regulation shall be made within 28 days, or such longer period as the Department may allow, beginning with the date on which the applicant receives the enforcement notice.

(3) Any request to the Department to review an enforcement notice shall be made by notice in writing to the Department accompanied or followed by, or by copies of—

(a)the enforcement notice;

(b)any relevant consent; and

(c)any other information or representations which the applicant wishes to provide or make.

(4) On receipt of a request to review an enforcement notice under this regulation, the Department shall review the notice within 28 days (or such longer period as it reasonably may require) beginning with—

(a)the date of receipt by it of the request or any representations or information supplied in accordance with paragraph (3); or

(b)where there is no consent or application for consent relevant to the enforcement notice, the date of receipt by it of the notice in writing of the request from the applicant.

(5) After the Department has reviewed the enforcement notice under this regulation, it may, subject to paragraph (8), cancel the notice or vary it in any respect.

(6) In reviewing the enforcement notice, the Department shall take into consideration any relevant environmental information, any representations received by it in relation to the request to reconsider its decision and any other material consideration.

(7) When it has reviewed the enforcement notice, the Department shall give notice of its decision to the person who requested the review under paragraph (1), giving the reasons and considerations on which the decision was based.

(8) The Department shall not review its decision on an enforcement notice served by virtue of regulation 15(1)(a) where it appears to the Department that consent is required by regulation 3.

(9) The request to the Department to review the enforcement notice under this regulation shall have the effect of suspending the operation of any requirement in the enforcement notice to which it relates to take measures described in sub-paragraphs (a), (c) or (d) of regulation 15(2) until the Department has reviewed the enforcement notice or, where the request to review the enforcement notice is withdrawn, until it has been withdrawn.

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