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The Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (Wales) Regulations 2016

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Right to appeal a requirement in a notice

5.—(1) An undertaker who has been served with an enforcement notice may appeal to the Welsh Ministers on any ground against a requirement in the notice to appoint an engineer or carry a recommendation of an engineer into effect.

(2) On deciding an appeal under paragraph (1), the Welsh Ministers must—

(a)confirm the requirement;

(b)modify the requirement; or

(c)determine that the requirement is to cease to have effect.

(3) Where an appeal is brought, the requirement is suspended while the appeal is pending.

(4) In this regulation “enforcement notice” means a notice given under section 8(1), 8(3A)(1), 9(7), 10(7), 12(4), 13(5) or 14(4) of the 1975 Act.

(1)

Section 8(3A) was inserted by section 75 of the Water Act 2003 c.37.

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