PART 6APPEALS
Right of appealI127
1
A producer may appeal to the Planning Appeals Commission against a decision of the Department—
a
to refuse to grant an application for registration under regulation 7(6); or
b
to cancel registration under regulation 11(1).
F12
The operator of a scheme may appeal to the Planning Appeals Commission against a decision of the Department—
a
to refuse to grant an application for approval in accordance with regulation 13;
b
to withdraw approval in accordance with regulation 13C(1) or (6);
c
to withdraw approval in accordance with regulation 13C(4); or
d
to refuse to grant an application for registration in accordance with regulation 14(4).
3
A reprocessor or exporter may appeal to the Planning Appeals Committee against a decision of the Department—
a
to refuse accreditation under regulation 24;
b
to specify a condition pursuant to paragraph 1(q)(iii) of Schedule 5; or
c
to cancel or suspend accreditation under regulation 26.
Procedure on appealsI228
1
Where an appeal is made to the Planning Appeals Committee it may—
a
appoint any person to exercise on its behalf, with or without payment, the function of determining the appeal; or
b
refer any matter involved in the appeal to such person as the Department may appoint for the purpose, with or without payment.
2
If the appellant so requests, or the Department so decides, the appeal shall be or continue in the form of a hearing.
3
Schedule 6 shall have effect with respect to the procedures on any such appeal.
Determination of appealsI329
Where, on such an appeal, the Planning Appeals Commission determines that the decision of then Department shall be altered it shall be the duty of the Department to give effect to the determination.
Status pending appealI430
In a case falling within F2regulation 11(1) or 13C(1), (4) or (6), the decision appealed against shall not take effect until the appeal is disposed of; and if the appeal is dismissed or withdrawn the decision shall take effect from the end of the day on which the appeal is dismissed or withdrawn.