Regulation 8 Amendment of regulation 31 (appeals to an appropriate authority)

(1)

Regulation 31 (appeals to an appropriate authority) is amended as follows.

(2)

In paragraph (1)—

(a)

for sub-paragraph (d), substitute—

“(d)
a person who is aggrieved by a decision not to authorise the closure procedure mentioned in—

(i)
Article 13 of the Landfill Directive after a request referred to in Article 13(a)(ii) of that Directive, or

(ii)
Article 12 of the Mining Waste Directive after a request referred to in Article 12(2)(b) of that Directive;”.

(b)

in sub-paragraph (e), after “suspension notice” insert “, mining waste facility closure notice.

(3)

For paragraph (2) substitute—

“(2)
Paragraph (1) does not apply—

(a)
where the relevant decision or notice implements a direction of the appropriate authority given under—

(i)
regulation 61(1),

(ii)
regulation 62(1),

(iii)
regulation 62(6), or

(iv)
paragraph (4); or

(b)
where an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility is refused pursuant to paragraph 14(2) of Schedule 18B.”.