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The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2004

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Amendment of Part IV (Registration of Schemes – Appeals)

6.—(1) For the heading to Part IV, there shall be substituted “Appeals”.

(2) For regulation 18 (right of appeal) there shall be substituted –

Right of appeal

18.(1) A producer may appeal to the Planning Appeals Commission against a decision of the Department –

(a)to refuse to grant an application for registration under regulation 6(5); or

(b)to cancel registration under regulation 11(1).

(2) The operator of the scheme may appeal to the Planning Appeals Commission against a decision of the Department –

(a)to refuse to grant an application for registration under regulation 12(5); or

(b)to cancel registration under regulation 17(1).

(3) A reprocessor or exporter may appeal to the Planning Appeals Commission against a decision of the Department –

(a)to refuse accreditation under regulation 21B(2);

(b)to specify a condition pursuant to paragraph 1(n)(iii) of Schedule 2A; or

(c)to cancel accreditation under regulation 21D..

(3) In regulation 19 (procedure of appeals) –

(a)for “operator of the scheme” there shall be substituted “appellant”; and

(b)“(which may, if the person hearing the appeal so decides be held or held to any extent in private)” shall be omitted.

(4) In regulation 21 (status pending appeal) for “regulation 17(1), the decision to cancel registration” there shall be substituted “regulations 11(1), 17(1) or 21D, the decision appealed against”.

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