Paragraph 5

F1F2Where the appropriate agency has issued a certificate under this Schedule, the applicant for the certificate or the gas authority may appeal to the Minister concerned with water resources against the certificate.

On the appeal the said Minister shall consider the matters to which the certificate relates as if the application for the certificate had been made to him in the first instance, and shall either confirm the certificate, or vary it, or cancel it and issue a different certificate in its place, as he may consider appropriate.

Before determining any such appeal the said Minister shall, if the applicant or the F3public gas supplier so desires, afford to them F4F5and to the appropriate agency an opportunity of appearing before and being heard by a person appointed by that Minister for the purpose.

F6Where an application is F7made to the appropriate agency for a certificate under this Schedule and at the expiry of any period prescribed by regulations under this Schedule (or if an extended period is at any time agreed upon in writing by the F8applicant and the appropriate agency, at the end of that period) no certificate has been F9issued by the appropriate agency in accordance with this Schedule, the foregoing provisions of this paragraph shall apply F10as if the appropriate agency had issued a certificate under this Schedule stating that the statutory licence to abstract water required for the carrying out of the controlled operations could not reasonably have been expected to be granted.