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

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Proceedings before the appointed person

7.—(1) If the appointed person is satisfied that an appeal is filed in accordance with regulation 6 the appointed person must determine the application.

(2) Subject to paragraphs (3) to (10), the procedure for determining the appeal is to be decided by the appointed person.

(3) Before determining the appeal the appointed person must—

(a)allow the appellant and NRBW 21 days to submit representations and supporting documents in relation to the appeal;

(b)as soon as reasonably practicable send to the NRBW a copy of any representations and supporting documents submitted by the appellant under sub paragraph (a);

(c)as soon as reasonably practicable send to the appellant a copy of any representations and supporting documents submitted by the NRBW under sub paragraph (a);

(d)allow the appellant and NRBW a further 14 days to submit comments on each other’s representations and supporting documents to the appointed person.

(4) The appointed person may at any time request further information from the appellant or NRBW.

(5) After consideration of the representations and documents submitted under paragraph (3) the appointed person must decide whether the appeal will be conducted by written representations or by hearing and must inform the parties of the decision.

(6) If an appeal is to be determined by a hearing the the appointed person must fix the date and allow the appellant and NRBW at least 28 days notice.

(7) If either party intend to call or give witness evidence at the hearing they must, at least 14 days before the date fixed for the hearing send a proof of the evidence intended to be given to the appointed person.

(8) The appointed person must ensure both parties have copies of all proofs of evidence submitted under paragraph (7).

(9) An appeal may be withdrawn by the appellant by notice in writing to the appointed person at any time before it is determined by the appointed person.

(10) All parties to the appeal are to bear their own costs.

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