PART III

ADDITIONAL FUNCTIONS OF THE AGENCY IN RELATION TO THE PRINCIPAL RIVERS

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.