Article 70 Right of appeal

(1)

Subject to paragraph (3), the following may appeal to the appeal body—

(a)

a person who is aggrieved by a decision of the regulator determining an application made by the person under this Order;

(b)

a person who is aggrieved by a notice given to the person, under a provision referred to in paragraph (2).

(2)

Those provisions are—

(a)

article 30(1) (refusal of application for an emissions monitoring plan);

(b)

article 31(4), (5) or (6) (variation of an emissions monitoring plan);

(c)

article 44(1) (enforcement notices);

(d)

article 45(5) (determination of reportable emissions by regulator);

(e)

article 47(3) or (7) (penalty notices);

(f)

article 75(1) (information notices);

(g)

paragraph 1(12) of Schedule 3 (application to be treated as being withdrawn);

(h)

paragraph 6(4) or (5) of Schedule 6 (variation of permits);

(i)

paragraph 10(2) of Schedule 6 (transfer of permits: underreporting discovered after transfer);

(j)

paragraph 12(4) of Schedule 6 (revocation of permits);

(k)

paragraph 23(1) or (2) of Schedule 7 (conversion notices);

(l)

paragraph 7(2) of Schedule 8 (end of ultra-small emitter status);

(m)

paragraph 1(3)(b) or (4)(b) of Schedule 11 (permits under GGETSR 2012).

(3)

An appeal under paragraph (1) may not be made to the extent that the decision implements—

(a)

a direction given under—

(i)

section 40 of the Environment Act 1995^f1;

(ii)

section 52 of CCA 2008;

(iii)

article 11 of the Natural Resources Body for Wales (Establishment) Order 2012^f2;

(iv)

regulation 40 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013^f3;

(b)

a direction given by an appeal body under this Order.

(4)

To avoid doubt, no appeal may be brought under paragraph (1)(a) in respect of a preliminary assessment under—

(a)

paragraph 5(3) of Schedule 7;

(b)

paragraph 3(3) of Schedule 8.

Annotations

Footnotes

f1: Section 40 was amended by S.I. 2011/1043 and 2013/755 and amended prospectively by S.I. 2019/458 with effect from IP completion day.
f2: S.I. 2012/1903 (W. 230).
f3: S.R. (NI) 2013 No. 160.