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Regulation 54 Appeal against apportionment of liability

Original text. Later amendments are not shown.

(1)

An owner of the land may appeal to the Secretary of State against an apportionment of liability made under regulation 19.

(2)

An appeal under this regulation may only be made after completion of a review under regulation 51.

(3)

An appeal under this regulation must be—

(a)

made before the end of the period of 28 days beginning with the day after the day on which Natural England notified the appellant of the decision of the review;

(b)

only on the ground that Natural England has incorrectly apportioned liability for the relevant development.

(4)

While the appeal is outstanding—

(a)

no relevant amount is payable for the relevant development, and

(b)

no such amount can become an overdue relevant amount.

(5)

On an appeal under this regulation, the Secretary of State may—

(a)

confirm the apportionment,

(b)

reapportion liability between each material interest under regulation 19, or

(c)

require Natural England to reapportion liability between each material interest under regulation 19.

(6)

Where the Secretary of State confirms the apportionment or the Secretary of State reapportions liability—

(a)

the Secretary of State may set a new due date for one or more relevant amounts, which must comply with the requirements of regulation 12(3), and

(b)

if the Secretary of State sets a new due date, Natural England may not amend that due date to an earlier date.