Section 5C Appeal against site protection noticeF1

(1)

An appeal lies to the First-tier Tribunal against—

(a)

a site protection notice;

(b)

any provision of a site protection notice;

(c)

the variation of a site protection notice;

(d)

the refusal of a request for the variation or cancellation of a site protection notice.

(2)

An appeal may be brought—

(a)

in the case of an order made under section 1 of this Act which confers a right of several fishery, by the grantees of the order;

(b)

in the case of such an order which confers a right of regulating a fishery—

(i)

by the grantees of the order, or

(ii)

by a person authorised to carry on an activity in pursuance of provision made by or under the order who is affected by the site protection notice or variation.

(3)

Where an appeal is brought by a person mentioned in subsection (2)(b)(ii), the grantees of the order are entitled to be parties to the appeal.

(4)

The First-tier Tribunal may suspend a site protection notice, or a variation of such a notice, pending the determination of an appeal.

(5)

On an appeal the Tribunal may confirm, vary or cancel a site protection notice.

(6)

If the Tribunal varies or cancels the notice, it may order the Welsh Ministers to pay compensation to any other party to the appeal for loss or damage suffered by that party as a result of the notice.

Annotations

Textual amendments

F1: Ss. 5B-5D inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 73, 88(2)(c)