Section 78L: Appeals against remediation notices., Environmental Protection Act 1990

A person on whom a remediation notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice—

if it was served by a local authority in England or by the Environment Agency , to the Secretary of State;

if it was served by a local authority in Wales or by the Natural Resources Body for Wales , to the National Assembly for Wales;

and in the following provisions of this section "the appellate authority" means the Secretary of State or the National Assembly for Wales, as the case may be.

On any appeal under subsection (1) above the appellate authority—

shall quash the notice, if it is satisfied that there is a material defect in the notice; but

subject to that, may confirm the remediation notice, with or without modification, or quash it.

Where an appellate authority confirms a remediation notice, with or without modification, it may extend the period specified in the notice for doing what the notice requires to be done.

Regulations may make provision with respect to—

the grounds on which appeals under subsection (1) above may be made;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the procedure on an appeal under subsection (1) above . . .

Regulations under subsection (4) above may (among other things)—

include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);

prescribe the cases in which a remediation notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the remediation notice against which he is appealing;

prescribe the cases in which the appellant may claim that a remediation notice should have been served on some other person and prescribe the procedure to be followed in those cases;

make provision as respects—

the particulars to be included in the notice of appeal;

the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; and

the abandonment of an appeal;

make different provision for different cases or classes of case.

This section, . . . , is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

Section 78L: Appeals against remediation notices.

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