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The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

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Appeals against notices

30.—(1) A person may appeal in accordance with this regulation against any of the following notices served on him—

(a)a screening notice;

(b)a stop notice;

(c)a reinstatement notice, or

(d)a notice under paragraph 5 of Schedule 4,

and any such notice is referred to in this regulation as the “relevant notice”.

(2) An appeal may be brought on any of the following grounds—

(a)that the Department did not have power to serve the relevant notice, or to include a particular requirement in it;

(b)that there has been some material irregularity, defect or error in, or in connection with, the relevant notice; or

(c)that any of the requirements of the relevant notice are unreasonable.

(3) An appeal against a relevant notice must be brought by notice, which must—

(a)include a copy of the relevant notice;

(b)state the grounds of appeal; and

(c)be served on the Department within 28 days of the date of service of the relevant notice.

(4) Upon receipt of a notice under paragraph (3), the Department shall appoint such person as it thinks appropriate (“the appointed person”) to exercise, with or without payment, on its behalf the functions in relation to an appeal set out in these Regulations.

(5) The appointed person shall determine the procedure for deciding the appeal, and that procedure may include provision for site visits.

(6) Appeals under this regulation may be conducted by written representations or by hearing.

(7) On determining the appeal, the appointed person—

(a)may affirm, vary or revoke the relevant notice, and

(b)must notify the applicant and the Department of its decision, together with the reasons for it.

(8) Where an appeal is brought against a screening notice or a stop notice (unless the notice is withdrawn by the Department) all the requirements contained in it have effect until such time as the Department revokes the notice or varies the requirements.

(9) If the appointed person varies the requirements of a screening notice or a stop notice the variations have effect from the date of notification under paragraph (7)(b).

(10) Where an appeal is brought against a reinstatement notice or a notice served under paragraph 5 of Schedule 4, the notice will be of no effect until it is affirmed or varied on appeal or until the appeal is withdrawn.

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