The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017

Appeals E+W

30.—(1) An appeal to the Welsh Ministers in accordance with this regulation may be made against—

(a) a relevant notice; or

(b) a relevant decision.

(2) An appeal against a relevant notice may be brought on the grounds that—

(a) the Welsh Ministers did not have the power to serve the relevant notice or to include a condition within the notice;

(b) there has been some material irregularity, defect or error in, or in connection with, the relevant notice; or

(c) a requirement of the notice is unreasonable.

(3) An appeal against a relevant decision may be brought by a person—

(a) who applied for a screening decision which the Welsh Ministers have taken, or are deemed to have taken, that a project was a significant project in accordance with regulation 7;

(b) who applied for consent for a significant project and which the Welsh Ministers have refused; or

(c) who has been notified of a decision under paragraph 3 of Schedule 4.

(4) An appeal brought under paragraph (2) or (3) must—

(a) be made in writing in the manner and form published by the Welsh Ministers;

(b) include details of all the evidence that the appellant intends to rely on; and

(c) be received by the Welsh Ministers no later than 28 days after the date on which the Welsh Ministers sent the relevant notice or made the relevant decision to which the appeal relates.

(5) The appellant must state whether they wish the appeal to be considered and determined—

(a) on the basis of written representations;

(b) at an oral hearing; or

(c) by a local inquiry.

(6) The Welsh Ministers may appoint a person to exercise on their behalf, with or without payment, their function of determining the appeal or any matter involved in the appeal, and Schedule 5 has effect in relation to such an appointment.

(7) In this Part—

“appointed person” (“person penodedig”) means a person appointed by the Welsh Ministers in accordance with regulation 30(6).

“interested parties” (“partïon â buddiant”) means—

(a)

such of the consultation bodies as the Welsh Ministers consider appropriate;

(b)

a person who made representations in respect of a relevant decision;

(c)

an EEA State likely to be affected in accordance with regulation 13(1);

(d)

an authority or a person who provided their opinion in accordance with regulation 13(4)(b);

(e)

any other person who appears to the Welsh Ministers to have a particular interest in the subject matter of the appeal;

“relevant decision” (“penderfyniad perthnasol”) means a screening decision made under regulation 7, a consent decision made under regulation 15 and a decision made under paragraph 3 of Schedule 4; and

“relevant notice” (“hysbysiad perthnasol”) means a stop notice, remediation notice or a notice issued under paragraph 5 of Schedule 4.

Commencement Information

I1 Reg. 30 in force at 16.5.2017, see reg. 1(3)