PART IIICONTAMINATED LAND
Appeals against remediation notices58
1
A person on whom a remediation notice is served may, within the period of 21 days from the day on which the notice is served, appeal against the notice—
a
if it was served by a district council, to a court of summary jurisdiction; or
b
if it was served by the Department, to the Planning Appeals Commission;
and in the following provisions of this Article “the appellate authority” means the court of summary jurisdiction or, as the case may be, the Planning Appeals Commission.
2
Part I of Schedule 2 shall have effect with respect to appeals to the Planning Appeals Commission under paragraph (1).
3
On receipt of an appeal under paragraph (1) the Planning Appeals Commission shall give notice of the appeal to the Department.
4
On any appeal under paragraph (1) the appellate authority—
a
shall quash the notice, if it is satisfied that there is a material defect in the notice; but
b
subject to that, may confirm the remediation notice, with or without modification, or quash it.
5
Where an appellate authority confirms a remediation notice, with or without modification, it may extend the period specified in the notice for doing what the notice requires to be done.
6
Regulations may—
a
make provision with respect to appeals under this Article and in particular as to the period within which and the manner in which appeals are to be brought;
b
prescribe the cases in which a remediation notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
c
prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the remediation notice against which he is appealing;
d
prescribe the cases in which the appellant may claim that a remediation notice should have been served on some other person and prescribe the procedure to be followed in those cases.