OpenLegislation

Article 7 Appeals in respect of works or dredging licences

Original text. Later amendments are not shown.

(1)

An applicant for a works licence or a dredging licence who is aggrieved by—

(a)

a refusal of the Commissioners to grant a licence; or

(b)

any terms or conditions subject to which the licence is granted; or

(c)

any modifications required by the Commissioners in the plans, sections and particulars submitted by the applicant;may within 28 days from the date on which the Commissioners notify the applicant of their decision, or the date on which the Commissioners are, under article 5(4) or 6(4) of this Order, deemed to have refused the application, appeal to the Secretary of State.

(2)

An appeal under paragraph (1) above shall be made by notice in writing stating the grounds of appeal.

(3)

A person who appeals under paragraph (1) above shall give to the Commissioners notice of his appeal, accompanied by a copy of his statement of appeal; and the Commissioners shall, within 28 days from the receipt of the notice, be entitled to furnish to the Secretary of State their observations on the appeal.

(4)

On an appeal under paragraph (1) above, the Secretary of State may—

(a)

dismiss the appeal; or

(b)

require the Commissioners to grant the licence or, as the case may be, to give their approval upon such terms or conditions and with such modifications (if any) of plans, sections or particulars as the Secretary of State may specify.

(5)

The Commissioners shall give effect to any decision or requirement given or made by the Secretary of State under paragraph (4) above.