The Environmental Protection (Applications, Appeals and Registers) Regulations 1991

Hearings

13.—(1) The Secretary of State shall give the appellant and the enforcing authority at least 28 days written notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of any hearing in respect of an appeal under section 15 or 22(5) of the 1990 Act.

(2) Subject to paragraph (4) and (5) below, in the case of a hearing which is to be held wholly or partly in public, the Secretary of State shall, at least 21 days before the date fixed for the holding of the hearing, publish a copy of the notice mentioned in paragraph (1) above—

(a) in a case where the prescribed process will not be carried on by means of mobile plant, in a newspaper circulating in the locality in which the prescribed process which is the subject of the appeal will be carried on; and

(b) in a case where the appeal is in respect of a decision of an enforcement authority to revoke an authorisation or against a variation notice, an enforcement notice or a prohibition notice in respect of a prescribed process carried on by means of mobile plant, in a newspaper circulating in the locality in which the prescribed process was carried on at the time when the notice of revocation, variation notice, enforcement notice or prohibition notice was served,

and shall serve a copy of the notice mentioned in paragraph (1) above on every person mentioned in regulation 11(1)(a) and (b)(i) above who has made representations in writing to the Secretary of State and on any person who was required under regulation 11(1)(b)(ii) above to be notified of the appeal.

(3) The Secretary of State may vary the date fixed for the holding of any hearing and paragraphs (1) and (2) above shall apply to the variation of a date as they applied to the date originally fixed.

(4) The Secretary of State may also vary the time or place for the holding of a hearing but shall give such notice of any such variation as appears to him to be reasonable.

(5) Paragraph (2) above shall not apply in the case of a hearing in respect of an appeal brought under section 22(5) of the 1990 Act.

(6) The persons entitled to be heard at a hearing are—

(a) the appellant;

(b) the enforcing authority; and

(c) any person required under regulation 11(1)(b)(ii) above to be notified of the appeal.

(7) Nothing in paragraph (6) above shall prevent the person appointed to conduct the hearing of the appeal from permitting any other person to be heard at the hearing and such permission shall not be unreasonably withheld.

(8) After the conclusion of a hearing, the person appointed to conduct the hearing shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.