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The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

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Appeals against notices

30.—(1) A person may appeal to the Welsh Ministers in accordance with this regulation against—

(a)a stop notice;

(b)a remediation notice, or

(c)a notice under paragraph 5 of Schedule 4,

and any such notice is referred to in this regulation as the “relevant notice” (“hysbysiad perthnasol”).

(2) An appeal may be brought on any of the following grounds—

(a)that the Welsh Ministers did not have power to serve the relevant notice, or to include a particular requirement in it;

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

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

(3) An appeal against a relevant notice must be brought by notice, which must—

(a)include a copy of the relevant notice;

(b)state the grounds of appeal; and

(c)be served on the Welsh Ministers within 28 days of the date of service of the relevant notice.

(4) Except as otherwise provided by this regulation, the Welsh Ministers may determine the procedure (which may include provision for site visits) for deciding the appeal.

(5) Appeals under this regulation may be conducted by written representations or by hearing.

(6) On determining the appeal, the Welsh Ministers—

(a)may affirm, vary or revoke the relevant notice, and

(b)must notify the applicant with the reasons for their decision.

(7) Where an appeal is brought against a stop notice (unless the notice is withdrawn by the Welsh Ministers) all the requirements contained in it have effect until such time as the Welsh Ministers revoke the notice or vary the requirements.

(8) If the Welsh Ministers vary the requirements of a screening notice or a stop notice the variations have effect from the date of notification under paragraph (6)(b).

(9) Where an appeal is brought against a remediation notice, the notice will be of no effect until it is affirmed or varied on appeal or until the appeal is withdrawn.

(10) The Welsh Ministers may appoint a person to exercise on their behalf, with or without payment, their function of determining the appeal or any matter involved in the appeal, and Schedule 5 has effect in relation to such an appointment.

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