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.