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The Contaminated Land (Wales) Regulations 2001

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Appeals to the National Assembly for Wales

9.—(1) An appeal to the National Assembly for Wales against a remediation notice shall be made to it by a notice (“notice of appeal”) which shall state—

(a)the name and address of the appellant;

(b)the grounds on which the appeal is made; and

(c)whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.

(2) The appellant shall, at the same time as he serves a notice of appeal on the National Assembly for Wales,—

(a)serve a copy of it on—

(i)the Environment Agency;

(ii)any person named in the remediation notice as an appropriate person;

(iii)any person named in the notice of appeal as an appropriate person; and

(iv)any person named in the remediation notice as the owner or occupier of the whole or any part of the land to which the notice relates;

and serve on the National Assembly for Wales a statement of the names and addresses of any persons falling within paragraph (ii), (iii) or (iv) above; and

(b)serve a copy of the remediation notice to which the appeal relates on the National Assembly for Wales and on any person named in the notice of appeal as an appropriate person who is not so named in the remediation notice.

(3) Subject to paragraph (5) below, if the appellant wishes to abandon an appeal, he shall do so by notifying the National Assembly for Wales in writing and the appeal shall be treated as abandoned on the date the National Assembly for Wales receives that notification.

(4) The National Assembly for Wales may refuse to permit an appellant to abandon his appeal against a remediation notice where the notification by the appellant in accordance with paragraph (3) above is received by the National Assembly for Wales at any time after the National Assembly for Wales has notified the appellant in accordance with regulation 12(1) of a proposed modification of that notice.

(5) Where an appeal is abandoned, the National Assembly for Wales shall give notice of the abandonment to any person on whom the appellant was required to serve a copy of the notice of appeal.

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