Regulation 12 Appeals
Where the Agency, otherwise than in pursuance of a direction of the Secretary of State, has—
refused an application for protection zone consent; or
granted such consent subject to one or more conditions; or
served a notice revoking or in any way modifying a protection zone consent under regulation 11,
the applicant or the person in control of the catchment control site to which the notice served relates may appeal against it to the Secretary of State.
A person who has made an application for protection zone consent may also appeal to the Secretary of State if the Agency has neither—
given notice to the applicant of its decision on the application; nor
given notice to him that the application has been referred to the Secretary of State in accordance with directions given under regulation 8,
within the period specified in regulation 7(6); and for the purposes of this regulation in such a case the Agency shall be deemed to have refused the application.
Subject to paragraph (4) an appeal under this regulation must be made by giving to the Secretary of State in writing notice of appeal with a statement of the grounds of appeal, to be submitted before the expiry of the period of three months beginning with the day on which—
the Agency notified the appellant of the decision or served on the appellant the notice giving rise to the appeal; or
the Agency was deemed under paragraph (2) to have refused consent.
Where an appeal is made against a refusal to grant protection zone consent or a grant of such consent subject to one or more conditions, the Secretary of State may allow notice of appeal to be given after the expiry of the relevant period mentioned in paragraph (3).
The Secretary of State may require the appellant to send him within 21 days of giving notice of appeal (or such longer period as the Secretary of State may allow) a copy of any or all of the following documents—
the application to the Agency or the notice served by the Agency which has occasioned the appeal;
any relevant maps, plans or other documents submitted in support of the application;
any relevant record, consent, determination, notice or other notification given, made, issued or served by the Agency; and
any other relevant correspondence between the appellant and the Agency.
The Secretary of State shall—
send the Agency a copy of the notice of appeal and of the statement of the grounds of appeal given to him under paragraph (3); and
in the case of an appeal under paragraphs (1)(a) or (b), require the Agency to serve notice in writing, within 14 days of the receipt of the copy of the notice of appeal mentioned in the preceding sub-paragraph, on any person whose advice or comments with respect to the application fell to be considered by the Agency in accordance with regulation 7(9)(f).
A notice required to be served under paragraph (6)(b) shall state that an appeal has been lodged, and that further representations may be made to the Secretary of State in respect of the application within a period of 21 days from the date of service of the notice.
The Secretary of State shall send to the appellant and the Agency a copy of any representations received by him in pursuance of paragraph (7).
The Secretary of State may, if he thinks fit, require the appellant or the Agency to submit to him within a specified period a further statement in writing in respect of any of the matters to which the appeal relates, and where he exercises this power he shall send to the appellant or, as the case may be, the Agency a copy of any statement made by the other.
If, after considering the grounds of the appeal and the documents before him, the Secretary of State is satisfied that he is sufficiently informed to determine the appeal he may, not earlier than 14 days after giving notice in writing to the appellant and the Agency of his intention to determine the appeal, determine it without further investigation unless such investigation is required by the appellant or the Agency pursuant to paragraph (12).
Where any requirement by the Secretary of State under paragraph (5) or (9) has not been complied with by the expiry of the relevant period the Secretary of State may, after allowing a further specified period which appears to him reasonable, determine the appeal without further investigation.
If either the appellant or the Agency within a period of 14 days after service of notice under paragraph 10 request the Secretary of State not to determine the appeal without further investigations or the Secretary of State otherwise considers it expedient to do so, the Secretary of State shall either—
cause an inquiry to be held with respect to the appeal; or
afford the appellant and the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
Where under this regulation the Secretary of State affords to an applicant and the Agency an opportunity of appearing before and being heard by a person appointed for the purpose, it shall be the duty of the Secretary of State to afford an opportunity of appearing before, and being heard by, that person to every person who has made any representations or objection to the Secretary of State with respect to the application in question.
The Secretary of State may allow or dismiss the appeal under this regulation or may reverse or vary any part of the decision of the Agency (whether or not the appeal relates to that part of it) and, in the case of an appeal under sub-paragraphs (1)(a) or (b), may deal with the application as if it had been made to him in the first instance.
Before reversing or varying on an appeal any part of a decision of the Agency to which the appeal does not relate, the Secretary of State shall serve notice of his intention on the appellant and the Agency and give to them a reasonable period (being not less than 28 days) to object.
Where an appeal is brought against a notice served by the Agency under regulation 11 the notice shall not take effect pending the determination or the withdrawal of the appeal.