365Determination of appeal by inspector(1)

An appeal to which this section applies is to be determined by an inspector instead of by the Welsh Ministers.

(2)

This section applies to any appeal made to the Welsh Ministers under or by virtue of this Act, other than an appeal under section 61 (for which see section 62(4) to (6) and Schedule 2) or under CIL regulations.

(3)

But this section does not apply to an appeal if—

(a)

it is an appeal of a description specified in regulations, or

(b)

the Welsh Ministers direct that the appeal is to be determined by them instead of by an inspector.

(4)

Where an inspector determines an appeal, the inspector’s decision is to be treated as the decision of the Welsh Ministers.

(5)

Schedule 20 makes further provision in connection with the appointment of inspectors to determine appeals and the giving of directions under subsection (3)(b).