SCHEDULE 5ENFORCEMENT NOTICES: REVIEWS AND APPEALS
Reviews of decisions to give notice under section 69(2) of the Act1
1
A reservoir manager to whom a notice (“the notice”) is given under section 69(2) of the Act, may apply to SEPA for a review of its decision to give the notice.
2
The application—
a
must be made in writing; and
b
must be given to SEPA within a period of 28 days beginning with the day on which the notice was given to the reservoir manager.
3
On receipt of any such application, SEPA must as soon as practicable—
a
review its decision to give the notice; and
b
decide whether to—
i
confirm the notice;
ii
confirm the notice with modifications; or
iii
withdraw the notice.
4
SEPA must by notice (a “decision notice”) inform the applicant of its decision under sub-paragraph (3)(b).
5
The decision notice must include information as to—
a
SEPA’s decision under sub-paragraph (3)(b);
b
the reasons for its decision; and
c
rights of appeal.
6
Where, under sub-paragraph (1), a reservoir manager applies to SEPA for a review of its decision to give a notice under section 69(2) of the Act, the notice is suspended from the day on which the application is made until the day on which the applicant is, under sub-paragraph (4), informed of SEPA’s decision (in respect of the application).