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.