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The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010

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Appeals against regulation 7 notices

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8.—(1) A person served with a regulation 7 notice may, within the period of 28 days beginning on the day after the date on which the notice is served (or such longer period as the Secretary of State allows), appeal to the Secretary of State against the notice.

(2) An appeal under this regulation must be made by the appellant serving notice on the Secretary of State.

(3) The notice must contain or be accompanied by a statement of the grounds of appeal.

(4) Before determining an appeal under this regulation, the Secretary of State must, if requested to do so by the appellant or the Agency, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(5) On determining an appeal under this regulation, the Secretary of State may direct the Agency to—

(a)withdraw the regulation 7 notice;

(b)modify any of its requirements;

(c)extend the period for compliance with any requirement; or

(d)dismiss the appeal.

(6) The period for compliance with a regulation 7 notice against which an appeal has been made is, subject to any direction under paragraph (5), extended so that it expires on the date on which the Secretary of State finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.

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