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PART IIIADMINISTRATION AND ENFORCEMENT

Appeals

11.—(1) A person may, within 21 days of the date of notification of a decision to which this regulation applies, make written representations concerning the decision to a person appointed for the purpose by the Department.

(2) The Department may make written submissions to the appointed person concerning its decision.

(3) The appointed person must then report in writing to the Department which must make a final determination in relation to the decision to which the report relates.

(4) That final determination may affirm, vary or revoke the decision to which the report relates.

(5) The Department must give to the appellant written notification of its final determination and the reasons for it.

(6) Unless the Department determines that action under these Regulations must be taken immediately due to a risk to public health or human health or welfare, no action may be taken by the Department to kill any animal or destroy any thing under these Regulations until—

(a)the 21 day period has expired without any appeal being lodged;

(b)if there is an appeal, that appeal is determined or withdrawn.

(7) A person who is aggrieved by the final determination of the Department under paragraph (5) may, within 21 days of the issuing of the notification of the determination, appeal against that determination to a court of summary jurisdiction.