F1SCHEDULE 5Appeals
Appeals against notices served by the Environment Agency or the Secretary of State
1.
(1)
A person on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by the Environment Agency or the Secretary of State may appeal against it to the First-tier Tribunal.
(2)
An appeal must be made within 28 days beginning with the day on which the notice subject to the appeal is served.
(3)
A person bringing an appeal under sub-paragraph (1) may withdraw the appeal at any time before the appeal is determined.
(4)
Where an appeal is made under sub-paragraph (1), the notice is suspended until the appeal is withdrawn or determined by the First-tier Tribunal in accordance with sub-paragraph (5).
(5)
The First-tier Tribunal may—
(a)
affirm the notice;
(b)
direct the Environment Agency or Secretary of State to vary or withdraw the notice;
(c)
impose such other enforcement notice, civil penalty notice or enforcement cost recovery notice as the First-tier Tribunal thinks fit.