The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) Regulations 2002

Reinstatement

24.—(1) If it appears to the National Assembly that an offence has been committed under regulation 19, 20 or 21 it may serve a notice (“a reinstatement notice”) upon the person who appears to it to be responsible for committing the offence requiring that person to reinstate, to the satisfaction of the National Assembly, the relevant land to the condition it was in before the project was commenced and specifying the period within which the reinstatement is required to be carried out.

(2) If the condition of the relevant land before the project was commenced cannot be determined with reasonable accuracy or where it is not possible to return the relevant land to the same condition it was in before the project commenced, the reinstatement notice shall impose such requirements for the purposes of reinstatement as shall, in the opinion of the National Assembly (after consultation with such of the consultation bodies as it thinks fit), be reasonable in the circumstances.

(3) A person served with a notice under paragraph (1) above may, within 21 days from the date on which the notice is served on them, appeal to the Magistrates Court by way of complaint for an order on any of the following grounds:—

(a) that the notice or any requirement in the notice is not within the power conferred by this regulation;

(b) that there has been some material informality, defect or error in, or in connection with, the notice; or

(c) that any of the requirements of the notice are unreasonable.

(4) An appellant must, at the same time as they make their complaint, deposit with the justices' clerk a notice of appeal stating their name and address and the grounds on which the appeal is made and shall serve a copy of the notice on the National Assembly.

(5) The justices' clerk or the court may give, vary or revoke directions for the conduct of proceedings, including—

(a) the timetable for the proceedings;

(b) the submission of evidence; and

(c) the order of speeches.

(6) The Magistrates' Courts Act 1980(1) shall apply to the proceedings.

(7) When an appeal is made in accordance with this regulation, the reinstatement notice shall be of no effect pending the final determination or abandonment of the appeal.

(8) Any party to the proceedings of a Magistrates' Court in which a decision is made in accordance with this regulation may appeal against that decision to the High Court.

(9) If any person, without reasonable excuse, fails to comply with any requirement of a reinstatement notice served under paragraph (1) above that person shall be guilty of an offence and liable on summary conviction—

(a) to a fine not exceeding level 5 on the standard scale; and

(b) if the failure is continued after conviction, to a further fine not exceeding one twentieth of the maximum available for the substantive offence for every day on which the failure is so continued.

(1)

1980 c. 43.