# The Nitrate Pollution Prevention Regulations 2015, Regulation 6: Appeal

Extent: E+W+S+NI

(1) An owner or occupier of a relevant holding who is sent a notice under regulation 5(3)(b) or 5(3A)(b) may appeal to the First-tier Tribunal against the proposals or designation referred to in the notice.
(2) For the purposes of rule 22(2)(g) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (notice of appeal: grounds), the only grounds of an appeal under this regulation are that the relevant holding (or any part of it)—
(a) does not drain into water which the Secretary of State proposes to identify, or to continue to identify, as polluted or which has been similarly identified in Wales or Scotland, ...
(aa) in a case within regulation 5(3A), does not drain into water which the Secretary of State has identified as polluted or which has been similarly identified in Wales or Scotland, or
(b) drains into water which the Secretary of State should not identify, or should not continue to identify, as polluted.
(3) If the First-tier Tribunal upholds an appeal under paragraph (2)(a), the Secretary of State, when acting under regulation 4(5), must treat the relevant holding (or the part of it in respect of which the appeal was upheld) as not draining into the water concerned.
(4) If the First-tier Tribunal upholds an appeal under paragraph (2)(b), the Secretary of State, when acting under regulation 4(5), must—
(a) treat the water concerned as water which should not be identified, or should not continue to be identified, as polluted, and
(b) treat any holding (or part of any holding) which drains into that water accordingly (regardless of whether the owner or occupier of the relevant holding appealed under this regulation).

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Source: https://www.legislation.gov.uk/uksi/2015/668/regulation/6 (the official version)
Page: https://openlegislation.uk/nitrate-pollution-prevention-regulations-2015/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.