Paragraph 12 Non-compliance penalty and enforcement cost recovery notice: appealsF1

(1)

A person may appeal to the First-tier Tribunal against a decision by the Agency to impose a non-compliance penalty or to serve an enforcement cost recovery notice.

(2)

An appeal under sub-paragraph (1) may be made on the grounds that—

(a)

the decision to impose the penalty or serve the notice was based on an error of fact;

(b)

the decision was wrong in law;

(c)

the amount of the penalty or costs is unreasonable;

(d)

the decision was unreasonable for any other reason.

(3)

Where a person appeals under sub-paragraph (1), the effect of the decision or notice to which the appeal relates is suspended until the appeal is finally determined.

Annotations

Textual amendments

F1: Sch. 26A inserted (E.) (1.12.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) (No. 2) Regulations 2023 (S.I. 2023/1046), reg. 1(1), Sch.