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The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
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- 2009 No. 995 (W. 81)
- PART 3
- Regulation 21
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Appeal against the remediation notice
21.—(1) The responsible operator may notify the Welsh Ministers that that person intends to appeal against the remediation notice on the grounds that its contents are unreasonable.
(2) An appeal may only be brought against those parts of the remediation notice that are different from proposals made by the responsible operator.
(3) Notice of appeal must be served on the Welsh Ministers within 28 days of service of the remediation notice unless the time limit is extended by the Welsh Ministers.
(4) Schedule 5 contains procedures for the appeal.
(5) The Welsh Ministers or the appointed person may confirm, vary or quash the notice, and must give written notification of the final decision and the reasons for it, and may, if appropriate, add further compensatory remediation requirements necessitated by the lapse of time since the remediation notice was served.
(6) A remediation notice need not be complied with pending determination of an appeal unless the person hearing the appeal directs otherwise.
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