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The Wye Navigation Order 2002
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Appeals in respect of obstructions
13.—(1) Any person required by the Agency to modify, remove or mark an obstruction under article 12(2) may within 21 days of being so required appeal to a magistrates' court on any of the following grounds which are justified by the circumstances of the particular case—
(a)that the thing required to be marked, removed or modified is not an obstruction, or is specifically authorised by any enactment or by a works licence granted by the Agency under article 22;
(b)that the thing required to be marked, removed or modified is an obstruction which has occurred naturally and that to require its marking, removal or modification is unreasonable;
(c)where the requirement is to remove the obstruction, that it would be adequate in all the circumstances of the case to mark or modify the obstruction; or
(d)where the requirement is to modify the obstruction, that it would be adequate in all the circumstances of the case to mark the obstruction.
(2) Any person served with a notice under article 12(6) may within 21 days of service of the notice appeal to a magistrates' court on any of the following grounds which are appropriate in the circumstances of the particular case—
(a)that the thing the Agency intends to mark, remove or modify is not an obstruction, or is specifically authorised by any enactment or by a works licence granted by the Agency under article 22;
(b)that the thing the Agency intends to mark, remove or modify is an obstruction which has occurred naturally and that to mark, remove or modify it is unreasonable;
(c)where the Agency intends to remove the obstruction, that it would be adequate in all the circumstances of the case to mark or modify the obstruction; or
(d)where the Agency intends to modify the obstruction, that it would be adequate in all the circumstances of the case to mark the obstruction.
(3) On the hearing of an appeal under this article the court may confirm, vary or set aside the requirement or the notice, as the case may be.
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