PART 11APPEALS

Right of appeal83

1

An appeal may be made by—

a

a scheme operator or an operator of a proposed scheme;

b

a battery treatment operator or an exporter,

against a decision of the Environment Agency, F1the NRBW, SEPA or the Department of the Environment.

2

An appeal—

a

against a decision of the Environment Agency must be made to the Secretary of StateF2...;

F3aa

against a decision of the NRBW must be made to the Welsh Ministers;

b

against a decision of SEPA must be made to the Scottish Ministers; and

c

against a decision of the Department of the Environment must be made to the Planning Appeals Commission.

F43

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4

For the purposes of an appeal by a person mentioned in paragraph (1)(a), a decision means a decision to—

a

make a determination to refuse approval of that operator's proposed scheme under regulation 49;

b

withdraw approval of that scheme operator's battery compliance scheme under regulation 54.

5

For the purposes of an appeal by a person mentioned in paragraph (1)(b), a decision means a decision to—

a

refuse under regulation 59 to grant an application for approval made by that battery treatment operator or that exporter;

b

refuse to grant an extension of a grant of approval made to that exporter under regulation 62; or

c

suspend or cancel a grant of approval made in relation to that battery treatment operator or that exporter under regulation 64.

6

For the purposes of this Part and Schedule 7, “appeal body” means whichever of the following an appeal is made to in accordance with this regulation—

a

the Secretary of State;

b

the Welsh Ministers;

c

the Scottish Ministers; or

d

the Planning Appeals Commission.