PART 12APPEALS
Right of appealI183
1
An operator of a scheme or an operator of a proposed scheme may appeal—
a
to the Secretary of State against a decision of the Environment Agency;
b
to the Welsh Ministers against a decision of the Natural Resources Body for Wales;
c
to the Scottish Ministers against a decision of SEPA; and
d
to the Planning Appeals Commission against a decision of the F1Department of Agriculture, Environment and Rural Affairs.
2
For the purposes of paragraph (1), a decision means a decision—
a
to refuse to grant an approval allowing a distributor to rely on existing take back facilities, under regulation 69;
b
to refuse to grant approval of that operator’s proposed scheme under regulation 55; or
c
to withdraw approval of that operator’s scheme under regulation 58.
3
An operator of an ATF or an exporter may appeal—
a
to the Secretary of State against a decision of the Environment Agency;
b
to the Welsh Ministers against a decision of the Natural Resources Body for Wales;
c
to the Scottish Ministers against a decision of SEPA; and
d
to the Planning Appeals Commission against a decision of the F2Department of Agriculture, Environment and Rural Affairs.
4
For the purposes of paragraph (3), a decision means a decision—
a
to refuse to grant an application for approval made by that operator of an ATF or that exporter under regulation 61;
b
to refuse to grant an extension of a grant of approval made to that exporter under regulation 62; or
c
to suspend or cancel a grant of approval made in relation to that ATF or that exporter under regulation 64.
5
For the purposes of this Part and Schedule 14, “appeal body” means one of the following—
a
the Secretary of State;
b
the Welsh Ministers;
c
the Scottish Ministers; or
d
the Planning Appeals Commission.