The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

PART 6 APPEALS

Right of appeal

27.—(1) A producer may appeal to the Planning Appeals Commission against a decision of the Department—

(a) to refuse to grant an application for registration under regulation 7(6); or

(b) to cancel registration under regulation 11(1).

(2) The operator of a scheme may appeal to the Planning Appeals Commission against a decision of the Department—

(a) to refuse to grant an application for registration under regulation 14(4); or

(b) to cancel registration under regulation 18(1).

(3) A reprocessor or exporter may appeal to the Planning Appeals Committee against a decision of the Department—

(a) to refuse accreditation under regulation 24;

(b) to specify a condition pursuant to paragraph 1(q)(iii) of Schedule 5; or

(c) to cancel or suspend accreditation under regulation 26.

Procedure on appeals

28.—(1) Where an appeal is made to the Planning Appeals Committee it may—

(a) appoint any person to exercise on its behalf, with or without payment, the function of determining the appeal; or

(b) refer any matter involved in the appeal to such person as the Department may appoint for the purpose, with or without payment.

(2) If the appellant so requests, or the Department so decides, the appeal shall be or continue in the form of a hearing.

(3) Schedule 6 shall have effect with respect to the procedures on any such appeal.

Determination of appeals

29.  Where, on such an appeal, the Planning Appeals Commission determines that the decision of then Department shall be altered it shall be the duty of the Department to give effect to the determination.

Status pending appeal

30.  In a case falling within regulation 11(1) or 18(1), the decision appealed against shall not take effect until the appeal is disposed of; and if the appeal is dismissed or withdrawn the decision shall take effect from the end of the day on which the appeal is dismissed or withdrawn.