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The Waste Electrical and Electronic Equipment Regulations 2006

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Right of appeal

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66.  (1)  An operator of a scheme or an operator of a proposed scheme may appeal—

(a)to the Secretary of State against a decision of the Environment Agency;

(b)to the Scottish Ministers against a decision of SEPA; and

(c)to the Planning Appeals Commission against a decision of the Department of the Environment.

(2) For the purposes of paragraph (1), a decision means a decision—

(a)to refuse to grant approval of that operator’s proposed scheme under regulation 41; or

(b)to withdraw approval of that operator’s scheme under regulation 44.

(3) An operator of an ATF or an exporter may appeal—

(a)to the Secretary of State against a decision of the Environment Agency;

(b)to the Scottish Ministers against a decision of SEPA; and

(c)to the Planning Appeals Commission against a decision of the Department of the Environment.

(4) For the purposes of paragraph (3), a decision means a decision—

(a)to refuse to grant an application for approval made by that operator of an ATF or that exporter under regulation 47;

(b)to refuse to grant an extension of a grant of approval made to that exporter under regulation 48; or

(c)to suspend or cancel a grant of approval made in relation to that ATF or that exporter under regulation 50.

(5) For the purposes of this Part and Schedule 11, “appeal body” means one of the following—

(a)the Secretary of State,

(b)the Scottish Ministers, or

(c)the Planning Appeals Commission.

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