The Control of Pollution (Applications, Appeals and Registers) Regulations 1996

Time limit for bringing appeal

9.—(1) Subject to the following provisions of this regulation, notice of appeal in accordance with regulation 8(1) shall be given—

(a) in the case of an appeal against the revocation of a consent, before the revocation takes effect;

(b) in the case of an appeal against an enforcement notice, before the expiry of the period of 21 days beginning with the date on which the enforcement notice is received;

(c) in the case of an appeal against a determination under section 191B(2) or (4) of the Water Resources Act 1991 (exclusion from registers of certain confidential information) that information is not commercially confidential, before the expiry of the period of 21 days beginning with the date on which the appellant is notified of the determination; and

(d) in any other case, before the expiry of the period of three months beginning with—

(i) the date on which the appellant is notified of the decision which is the subject matter of the appeal; or

(ii) if paragraph 3(2) of Schedule 10 to the Water Resources Act 1991(1) (failure to determine application within 4 months or longer period agreed with applicant) applies, the date on which the applicable period under paragraph 3(2) expires.

(2) Subject to paragraph (3) below, the Secretary of State may allow notice of appeal to be given after the expiry of the relevant period mentioned in paragraph (1) above.

(3) Paragraph (2) above shall not apply in the case of an appeal against—

(a) a decision to revoke a discharge consent;

(b) a decision to modify the conditions of any such consent;

(c) a decision to provide that any such consent which was unconditional shall be subject to conditions;

(d) a determination under section 191B(2) or (4) of the Water Resources Act 1991 (exclusion from registers of certain confidential information) that information is not commercially confidential.

(1)

Paragraph 3(2) applies in relation to applications for a variation of a discharge consent as well as to applications for a discharge consent (see paragraph 10(2) of Schedule 10 to the Water Resources Act 1991 and see paragraph 183 of Schedule 22 to the Environment Act 1995 (c. 25) for the substituted Schedule 10).