8.—(1) In accordance with Article 7(4)(b) of Regulation (EC) No. 850/2004, a holder of waste may apply to the competent authority for it to be dealt with in accordance with a method listed in Part 2 of Annex V to that Regulation.
(2) If an application is refused, or is granted subject to conditions, the applicant may within 28 days give written notice to the Secretary of State that the applicant wishes to make representations on the decision.
(3) The Secretary of State must appoint a person to receive those representations.
(4) The appointed person must consider the representations and report in writing to the Secretary of State.
(5) The Secretary of State must make a final determination and must give the applicant written notification of that determination and the reasons for it.