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The Nitrate Pollution Prevention (Wales) Regulations 2013

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Appeals

8.—(1) The owner or occupier of a relevant holding who is sent a notice under regulation 7(6) may make an appeal against that notice to the Welsh Ministers.

(2) The appeal is to be made only on one or more of the grounds stated in paragraph (3).

(3) The grounds are that in relation to the relevant holding or any part of it, the recommendations of the Natural Resources Body for Wales (subject to any amendment the Welsh Ministers are minded to make to them) should not be accepted by the Welsh Ministers because the relevant holding or any part of it—

(a)does not drain into water which the Welsh Ministers are minded to identify, or continue to identify, as being polluted; or

(b)drains into water that the Welsh Ministers should not identify, or continue to identify, as being polluted.

(4) The appeal is to be based on either—

(a)data provided by the appellant; or

(b)evidence provided by the appellant that the data relied on by the Welsh Ministers is incorrect.

(5) The appeal must—

(a)be made in writing in the manner and form published by the Welsh Ministers;

(b)include details of all the evidence that the appellant intends to rely on; and

(c)be received by the Welsh Ministers no later than 35 days after the date on which the Welsh Ministers sent the notice to which the appeal relates.

(6) The Welsh Ministers must remit the appeal to the appointed person for consideration and determination.

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