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The Environmental Assessment (Forestry) Regulations 1998

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Appeal against decisions of the Commissioners

13.—(1) An applicant for consent may appeal to the Minister where the Commissioners –

(a)refuse the application;

(b)grant consent subject to conditions in addition to those required by regulation 14; or

(c)grant consent subject only to the conditions required by regulation 14 but specify a period for the purposes of one or both of those conditions less than the maximum period permitted by that regulation.

(2) An appeal under this regulation shall be made within 28 days, or such longer period as the Minister may allow, beginning with the date on which the applicant receives notification of the Commissioners' decision under regulation 12.

(3) An appeal shall be made by notice in writing to the Minister accompanied by, or by copies of –

(a)the application to which it relates, and any documents provided by the applicant to the Commissioners in relation to it;

(b)the decision of the Commissioners; and

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

(4) On receipt of a notice of appeal duly made, the Minister shall send a copy of it to the Commissioners who shall, within 28 days beginning with the date of receipt by them of the notice of appeal, supply to the Minister copies of any representation or information provided to them in relation to the application.

(5) On an appeal under this regulation, the Minister may allow or dismiss the appeal or vary any part of the Commissioners' decision.

(6) The Minister shall determine an appeal within 28 days (or such longer period as he reasonably may require) beginning with the date of receipt of the representations or information supplied in accordance with paragraph (4) above.

(7) In determining an appeal, the Minister shall take into consideration the environmental information, any representations received by him in relation to the appeal and any other material consideration.

(8) Where an appeal has been determined, the Minister shall –

(a)give notice of his decision stating that he has taken into consideration the environmental information relating to the application and giving the reasons and considerations on which the decision was based to –

(i)the appellant,

(ii)the Commissioners, and

(iii)any person from whom the Commissioners received representations in relation to the application to which the appeal relates; and

(b)publish a notice of his decision in the newspapers in which the decision of the Commissioners to which the appeal relates was published in accordance with regulation 12(b).

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