PART 8Appeals

70.—(1) Subject to paragraph (3), the following may appeal to the appeal body—

(a)a person who is aggrieved by a decision of the regulator determining an application made by the person under this Order;

(b)a person who is aggrieved by a notice given to the person, under a provision referred to in paragraph (2).

(2) Those provisions are—

(a)article 30(1) (refusal of application for an emissions monitoring plan);

(b)article 31(4), (5) or (6) (variation of an emissions monitoring plan);

(c)article 44(1) (enforcement notices);

(d)article 45(5) (determination of reportable emissions by regulator);

(e)article 47(3) or (7) (penalty notices);

(f)article 75(1) (information notices);

(g)paragraph 1(12) of Schedule 3 (application to be treated as being withdrawn);

(h)paragraph 6(4) or (5) of Schedule 6 (variation of permits);

(i)paragraph 10(2) of Schedule 6 (transfer of permits: underreporting discovered after transfer);

(j)paragraph 12(4) of Schedule 6 (revocation of permits);

(k)paragraph 23(1) or (2) of Schedule 7 (conversion notices);

(l)paragraph 7(2) of Schedule 8 (end of ultra-small emitter status);

(m)paragraph 1(3)(b) or (4)(b) of Schedule 11 (permits under GGETSR 2012).

(3) An appeal under paragraph (1) may not be made to the extent that the decision implements—

(a)a direction given under—

(i)section 40 of the Environment Act 1995(1);

(ii)section 52 of CCA 2008;

(iii)article 11 of the Natural Resources Body for Wales (Establishment) Order 2012(2);

(iv)regulation 40 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(3);

(b)a direction given by an appeal body under this Order.

(4) To avoid doubt, no appeal may be brought under paragraph (1)(a) in respect of a preliminary assessment under—

(a)paragraph 5(3) of Schedule 7;

(b)paragraph 3(3) of Schedule 8.

(1)

Section 40 was amended by S.I. 2011/1043 and 2013/755 and amended prospectively by S.I. 2019/458 with effect from IP completion day.

(2)

(3)