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Article 13 Appeals in respect of dredging licences

Original text. Later amendments are not shown.

(1)

An applicant for a dredging licence who is aggrieved by–

(a)

a refusal of the Council to grant a licence; or

(b)

any terms or conditions subject to which the licence is granted; or

(c)

any modifications required by the Council in the plans, sections and particulars submitted by the applicant;

may within 28 days from the date on which the Council notify the applicant of their decision, or the date on which the Council are, under article 12(8) of this Order, deemed to have refused the application, appeal to the Secretary of State.

(2)

An appeal under paragraph (1) above shall be made by notice in writing stating the grounds of appeal.

(3)
(a)

A person who appeals under paragraph (1) above shall send to the Council a copy of his notice of appeal.

(b)

The Council may, within 28 days from the receipt of the notice, make to the Secretary of State representations in writing on the appeal; and, if they do, they shall as soon as reasonably practicable send a copy of their representations to the appellant.

(4)

On an appeal under paragraph (1) above, the Secretary of State may–

(a)

dismiss the appeal; or

(b)

require the Council to grant the licence or, as the case may be, to give their approval upon such terms or conditions and with such modifications (if any) of plans, sections or particulars as the Secretary of State may specify.

(5)

The Council shall give effect to any decision or requirement given or made by the Secretary of State under paragraph (4) above.