The Groundwater Regulations 1998

Appeals

20.—(1) A person may appeal by notice in writing to the Secretary of State against any decision of the Agency under regulation 18 or 19–

(a) in the case of a decision under regulation 18, within a period of three months; or

(b) in the case of a decision under regulation 19, within a period of 21 days, beginning in either case with the date on which he was notified of the Agency’s decision, or within such longer period as the Secretary of State may allow.

(2) Where–

(a) an application has been made to the Agency in accordance with regulation 18 above; and

(b) the Agency has not notified the applicant of its decision in relation to that application within–

(i) a period of four months beginning with the date on which it received the application (or, if the application must be advertised, the date on which advertising is completed); or

(ii) if the Agency and the applicant agree in writing to a longer period, that period, the applicant may for the purposes of this regulation treat this as a refusal by the Agency of the application and appeal to the Secretary of State.

(3) An appeal under this regulation shall be made by the appellant serving notice in writing on the Secretary of State and the notice shall state the appellant’s grounds of appeal.

(4) Before determining an appeal under this regulation the Secretary of State shall–

(a) take into account any written representations of the appellant and of the Agency; and

(b) if requested to do so by the appellant or the Agency, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(5) On determining an appeal under this regulation the Secretary of State shall have power to dismiss the appeal or to direct the Agency to take such steps in exercise of its powers under regulation 18 or 19 as the Secretary of State considers appropriate to give effect to his decision on the appeal.