Part II Water Resources Management
chapter II ABSTRACTION AND IMPOUNDING
Appeals with respect to decisions on licence applications
43 Appeals to the Secretary of State.
(1)
Where an application has been made to the F1Agency for a licence under this Chapter, the applicant may by notice appeal to the Secretary of State if—
(a)
the applicant is dissatisfied with the decision of the F1Agency on the application; or
F2(1A)
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).
(2)
The period mentioned in subsection (1)(b) above is—
(a)
except in a case falling within paragraph (b) below, such period as may be prescribed; and
(b)
where an extended period is at any time agreed in writing between the applicant and the F1Agency, the extended period.
(3)
A notice of appeal under this section shall be served—
(a)
in such manner as may be prescribed; and
(b)
within such period as may be prescribed, being a period of not less than twenty-eight days from, as the case may be—
(i)
the date on which the decision to which it relates was notified to the applicant; or
(ii)
the end of the period which, by virtue of subsection (2) above, is applicable for the purposes of subsection (1)(b) above.
(4)
Where a notice is served under this section in respect of any application, the applicant shall, within the period prescribed for the purposes of subsection (3)(b) above, serve a copy of the notice on the F1Agency.
(5)
Where any representations in writing with respect to an application were made within the period specified F3in any such notice as is referred to in section 37(4)(b) above, the Secretary of State shall, before determining an appeal under this section in respect of the application, require the F1Agency to serve a copy of the notice of appeal on each of the persons who made those representations.