PART 4ENFORCEMENT AND ADMINISTRATION

Appeals10

1

An applicant for the grant of a permit may appeal against—

a

a refusal to grant it, or

b

the imposition of any condition.

2

The holder of a permit or an owner or occupier of inland waters served with a notice under regulation 7(1) or (2) or regulation 8(1) may appeal against that notice.

3

The appellant must serve written notice of appeal on the Agency within 28 days from the date on which notification of the decision being appealed against was given.

4

On receipt of a notice of appeal, the Agency must appoint an independent person to determine the appeal.

5

The appeal is by way of written representations from the Agency and the appellant, and is subject to any time limits determined by the independent person.

6

The independent person decides whether to allow the appeal (and may direct the Agency to grant a permit or to vary any condition).