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The Environmental Assessment (Forestry) Regulations 1998

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Appeals against enforcement notices

17.—(1) Any person on whom an enforcement notice has been served in accordance with regulation 16 may appeal to the Minister.

(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 appellant receives the enforcement notice.

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

(a)the enforcement notice;

(b)any relevant consent; 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 any relevant consent or application for consent.

(5) On an appeal under this regulation, the Minister may, subject to paragraph (9) below, allow or dismiss the appeal or vary any part of the enforcement notice.

(6) The Minister shall determine an appeal within 28 days (or such longer period as he reasonably may require) beginning with –

(a)the date of receipt by him of the representations or information supplied in accordance with paragraph (4) above; or

(b)where there is no consent or application for consent relevant to the enforcement notice, the date of receipt by him or the notice of appeal.

(7) In determining an appeal, the Minister shall take into consideration any 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 give notice of his decision, giving the reasons and considerations on which the decision was based, to the appellant and the Commissioners.

(9) The Minister shall not allow an appeal against an enforcement notice served by virtue of regulation 16(1)(a) where it appears to the Minister that consent is required by regulation 3.

(10) The making of an appeal 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 paragraphs (a), (c) or (d) of regulation 16(2) until the appeal is determined by the Minister or, where the appeal is withdrawn, until withdrawal of the appeal.

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