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The Nitrate Pollution Prevention Regulations 2008

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Proceedings before the panel

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9.—(1) The panel must consist of an odd number of persons, and make its decision either unanimously or by a simple majority.

(2) The panel must consider the application and make a finding whether or not the applicant has demonstrated, on the balance of probabilities, that the holding or part of it—

(a)does not drain into water identified by the Secretary of State as being polluted; or

(b)drains into water that the Secretary of State should not have identified as being polluted;

(3) The panel must arrive at its decision based on documentation submitted to it unless it decides that it needs additional information to form a judgment, in which case it may request an applicant, or the Secretary of State, to provide additional material, and in exceptional circumstances may convene an oral hearing.

(4) At an oral hearing the applicant and the Secretary of State have the right to appear, and the panel may permit any other person to appear.

(5) All parties must bear their own costs.

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