8.—(1) A person (“the appellant”) may appeal to the competent authority against any of the following notices by complying with one of the requirements in paragraph (2) within 21 days from the date on which the notice was served:—
(a)a notice served under regulation 4(2) (refusal of permit or grant of permit subject to conditions);
(b)a notice served under regulation 5(4) (amendment of permit);
(c)a notice served under regulation 6(1) (suspension of permit); or
(d)a notice served under regulation 7(1) (revocation of permit).
(2) The requirements are—
(a)to make written representations to the competent authority; or
(b)to serve on the competent authority written notice that the permit holder wishes to appear before and be heard by an independent person appointed by the competent authority.
(3) Where paragraph (2)(a) applies—
(a)the competent authority must appoint an independent person to consider the representations;
(b)that person must consider the representations and provide a report to the competent authority; and
(c)if the appellant requests the competent authority must provide a copy of that report.
(4) Where paragraph (2)(b) applies—
(a)the competent authority must appoint an independent person to hear representations (“the appointed person”) and specify a time limit within which representations must be made;
(b)if the appellant requests, the hearing must be in public;
(c)the appointed person must consider the representations and provide a report to the competent authority; and
(d)if the appellant requests, the competent authority must provide a copy of the appointed person’s report.
(5) The competent authority must serve the appellant with a written notice of its final decision and the reasons for reaching that decision.
(6) Where an appeal is made against a notice specified in paragraph (1)(c) or (d), the notice has no effect until the final decision of the competent authority on the appeal or the withdrawal of the appeal.
(7) But paragraph (6) does not apply where the notice subject to appeal includes a statement that, in the opinion of the competent authority, there is an imminent risk of adverse effects to biodiversity or an imminent threat to aquatic organisms, habitats or ecosystems.