Schedules
Schedule 8Carbon storage information and samples: appeals
Part 2Appeals relating to enforcement of sanctionable requirements
I13Appeals in relation to sanction notices
1
Where a sanction notice is given under section 115 in respect of a failure to comply with a sanctionable requirement, an appeal may be made—
a
under paragraph 4 (on the ground that there was no such failure to comply);
b
under paragraph 5 (against the sanction imposed by the notice).
2
Where an appeal is made in relation to a sanction notice, the notice ceases to have effect until a decision is made by the Tribunal to confirm, vary or cancel the notice.
3
Where, on an appeal made in relation to a sanction notice—
a
the Tribunal makes a decision to confirm or vary the notice, and
b
an appeal is or may be made in relation to that decision,
the Tribunal, or the Upper Tribunal, may further suspend the effect of the notice pending a decision which disposes of proceedings on such an appeal.
I24Appeals against finding of failure to comply
1
An appeal may be made to the Tribunal by the person, or by any of the persons, to whom a sanction notice is given in respect of a failure to comply with a sanctionable requirement, on the grounds that the person, or persons, did not fail to comply with the requirement.
2
On an appeal under this paragraph, the Tribunal may confirm or cancel the sanction notice.
3
Where sanction notices are given on more than one occasion in respect of the same failure to comply with a sanctionable requirement—
a
an appeal under this paragraph may be made only in relation to the sanction notice, or any of the sanction notices, given on the first of those occasions, and
b
appeals in relation to sanction notices given on subsequent occasions in respect of that failure to comply may be made only under paragraph 5.
I35Appeals against sanction imposed
1
Where a sanction notice is given in respect of a failure to comply with a sanctionable requirement, a person mentioned in sub- paragraph (2) may appeal to the Tribunal against any of the decisions of the OGA mentioned in sub-paragraph (3) (as to the sanction imposed by the notice) on the grounds mentioned in sub-paragraph (4).
2
The persons who may appeal are—
a
the person, or any of the persons, to whom the notice was given, and
b
in the case of an operator removal notice under section 119, the licensee under whose carbon storage licence the exploration operator operates.
3
The decisions against which an appeal may be made are—
a
where an enforcement notice has been given, the decision as to—
i
the measures that are required to be taken for the purposes of compliance with the sanctionable requirement, or
ii
the period for compliance with the sanctionable requirement;
b
where a financial penalty notice has been given, the decision—
i
to impose a financial penalty, or
ii
as to the amount of the financial penalty imposed;
c
where a revocation notice has been given, the decision to terminate the carbon storage licence or to revoke the storage permit;
d
where an operator removal notice has been given, the decision to require the removal of the exploration operator.
4
The grounds on which an appeal may be made are that the decision of the OGA—
a
was unreasonable, or
b
was not within the powers of the OGA.
5
On an appeal under this paragraph against a decision made in relation to an enforcement notice, the Tribunal may—
a
confirm or quash the decision, in the case of a decision mentioned in sub-paragraph (3)(a)(i) (remedial action), or
b
confirm or vary the decision, in the case of a decision mentioned in sub-paragraph (3)(a)(ii) (period for compliance),
and confirm, vary or cancel the enforcement notice accordingly.
6
On an appeal under this paragraph against a decision made in relation to a financial penalty notice, the Tribunal may—
a
confirm or quash the decision, in the case of a decision mentioned in sub-paragraph (3)(b)(i) (imposition of penalty), or
b
confirm or vary the decision, in the case of a decision mentioned in sub-paragraph (3)(b)(ii) (amount of penalty),
and confirm, vary or cancel the financial penalty notice accordingly.
7
The Tribunal must have regard to any guidance issued by the OGA under section 117(6)(a) when deciding whether to confirm or vary a decision as to the amount of a financial penalty under sub-paragraph (6)(b).
8
On an appeal under this paragraph against a decision to terminate a carbon storage licence, to revoke a storage permit or to require the removal of an exploration operator the Tribunal may—
a
confirm the decision,
b
vary the decision by changing the revocation date or the removal date, as the case may be, or
c
quash the decision,
and confirm, vary or cancel the sanction notice in question accordingly.
9
Where a decision is quashed under sub-paragraph (5)(a), (6)(a) or (8), the Tribunal may remit the decision to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate.
I46Appeals against information requirements
1
A person to whom a notice is given under section 124 may appeal against it to the Tribunal on the grounds that—
a
the giving of the notice is not within the powers of the OGA, or
b
the length of time given to comply with the notice is unreasonable.
2
On an appeal under this paragraph the Tribunal may—
a
confirm, vary or cancel the notice, or
b
remit the matter under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate.