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).