The Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024

Right of appeal against final penalty notice

This section has no associated Explanatory Memorandum

8.—(1) A person on whom a financial penalty is imposed under regulation 6 may appeal to the First-tier Tribunal against the register operator’s decision to impose the penalty.

(2) If a person appeals under this regulation, the final penalty notice is suspended until the appeal is finally determined or withdrawn.

(3) An appeal under this regulation—

(a)is to be a re-hearing of the register operator’s decision, but

(b)may be determined having regard to matters of which the register operator was unaware.

(4) On an appeal under this regulation, the First-tier Tribunal may either quash or confirm the final penalty notice.