Requests to review enforcement notices
20.—(1) Any person on whom an enforcement notice has been served may request the Department to review the enforcement notice.
(2) Any request to the Department to review an enforcement notice under this regulation shall be made within 28 days, or such longer period as the Department may, within that period of 28 days, allow, beginning with the date on which the applicant receives the enforcement notice.
(3) Any request to the Department to review an enforcement notice shall be made by notice in writing to the Department accompanied by, or by copies of—
(a)the enforcement notice;
(b)any relevant consent; and
(c)any other information or representations which the applicant wishes to provide or make.
(4) On receipt of a request to review an enforcement notice under this regulation, the Department shall review the notice within 28 days (or such longer period as it reasonably may require) beginning with—
(a)the date of receipt by it of the request or any representations or information supplied in accordance with paragraph (4); or
(b)where there is no consent or application for consent relevant to the enforcement notice, the date of receipt by it of the notice in writing of the request from the applicant.
(5) The Department may, subject to paragraph (9), allow or dismiss the request to review the enforcement notice or vary any part of the enforcement notice.
(6) In reviewing the enforcement notice, the Department shall take into consideration any environmental information, any representations received by it in relation to the request to reconsider its decision and any other material consideration, including in particular its assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.
(7) When it has reviewed the enforcement notice, the Department shall give notice of its decision to the person who requested the review under paragraph (1), giving the reasons and considerations on which the decision was based.
(8) The Department shall not review its decision on an enforcement notice served by virtue of regulation 19(1)(a) where it appears to the Department that consent is required by regulation 4.
(9) The request to the Department to review the enforcement notice under this regulation shall have the effect of suspending the operation of any requirement in the enforcement notice to which it relates to take measures described in sub-paragraphs (a), (c) or (d) of regulation 19(2) until the Department has reviewed the enforcement notice or, where the request to review the enforcement notice is withdrawn, until it has been withdrawn.