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The Waste Batteries and Accumulators Regulations 2009
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- UK Statutory Instruments
- 2009 No. 890
- PART 11
- Regulation 83
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Right of appealU.K.
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83.—(1) An appeal may be made by—
(a)a scheme operator or an operator of a proposed scheme;
(b)a battery treatment operator or an exporter,
against a decision of the Environment Agency, [F1the NRBW,] SEPA or the Department of the Environment.
(2) An appeal—
(a)against a decision of the Environment Agency must be made to the Secretary of StateF2...;
[F3(aa)against a decision of the NRBW must be made to the Welsh Ministers;]
(b)against a decision of SEPA must be made to the Scottish Ministers; and
(c)against a decision of the Department of the Environment must be made to the Planning Appeals Commission.
F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of an appeal by a person mentioned in paragraph (1)(a), a decision means a decision to—
(a)make a determination to refuse approval of that operator's proposed scheme under regulation 49;
(b)withdraw approval of that scheme operator's battery compliance scheme under regulation 54.
(5) For the purposes of an appeal by a person mentioned in paragraph (1)(b), a decision means a decision to—
(a)refuse under regulation 59 to grant an application for approval made by that battery treatment operator or that exporter;
(b)refuse to grant an extension of a grant of approval made to that exporter under regulation 62; or
(c)suspend or cancel a grant of approval made in relation to that battery treatment operator or that exporter under regulation 64.
(6) For the purposes of this Part and Schedule 7, “appeal body” means whichever of the following an appeal is made to in accordance with this regulation—
(a)the Secretary of State;
(b)the Welsh Ministers;
(c)the Scottish Ministers; or
(d)the Planning Appeals Commission.
Textual Amendments
F1Words in reg. 83(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 322(2) (with Sch. 7)
F2Words in reg. 83(2)(a) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 322(3)(a) (with Sch. 7)
F3Reg. 83(2)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 322(3)(b) (with Sch. 7)
F4Reg. 83(3) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 322(3) (with Sch. 7)
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