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The Radioactive Contaminated Land Regulations (Northern Ireland) 2006

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Appeals

5.—(1) The responsible person shall have a right to appeal against the intervention notice in the following circumstances where:

(a)the Chief Inspector has not taken into account the requirements set out in regulation 3(3); or

(b)the person named on the intervention notice has been unreasonably identified as a responsible person or where other persons ought also to be so identified; or

(c)the land that is subject to the notice has been wrongly identified or demarcated; or

(d)there is a material defect in the notice such that it would be unreasonable to apply the provisions of the notice to the responsible person.

(2) The responsible person served with an intervention notice may appeal within 21 days beginning with the date on which he was served the notice to a court of summary jurisdiction in accordance with Part VII of the Magistrates’ Courts (Northern Ireland) Order 1981(1).

(3) Appealing an intervention notice as in paragraph (1) shall suspend the effect of the intervention notice until such appeal is determined or abandoned.

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