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(1)Where an application has been made to the [F1appropriate agency] 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 [F1appropriate agency] on the application; or
(b)the [F1appropriate agency] fails within the period specified in subsection (2) below to give to the applicant either—
(i)notice of the [F1appropriate agency's] decision on the application; or
(ii)notice that the application has been referred to the Secretary of State in accordance with any direction under section 41 above.
[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 [F1appropriate agency], 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 [F1appropriate agency].
(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 [F1appropriate agency] to serve a copy of the notice of appeal on each of the persons who made those representations.
Textual Amendments
F1Words in ss. 33A-45 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 270(g) (with Sch. 7)
F2S. 43(1A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 134 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3Words in s. 43(5) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 14(3)(c), 105(3); S.I. 2006/984, art. 2(i) (with Sch. paras. 1, 2)
Modifications etc. (not altering text)
C1S. 43: power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(2)(v) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C2S. 43 restricted (1.3.2012) by The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (S.I. 2003/164), regs. 1(1), 8(4)
C3S. 43(1)(a) modified (1.4.2005) by The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005 (S.I. 2005/968), art. 4(1)(3), Sch. 1 para. 5(5)
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