Water Environment (Abstractions and Associated Impoundments) Act 2022
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Appeal to High Court against certain decisions of Agency | ||
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55. (1) The licensee may, within 8 weeks after the date of the notice under subsection (3), (6) or (9) of section 52 , section 53 (4) or 54 (6), in the case of a decision under section 54 (5)(b), appeal to the High Court against the decision. | ||
(2) The High Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, issue directions in respect of the conduct of the appeal. | ||
(3) The High Court shall dismiss an appeal which is vexatious, frivolous, an abuse of process or without substance of foundation. | ||
(4) The High Court may on the application of the licensee to whom a notice under section 52 (9) has been given, extend the period for the making of an appeal under subsection (1) where satisfied that— | ||
(a) there is good and sufficient reason for doing so, and | ||
(b) the circumstances that resulted in the failure to bring the appeal within the period referred to in subsection (1) were outside the control of the licensee. | ||
(5) Following the consideration of an appeal under this section, the High Court may— | ||
(a) confirm the decision of the Agency, or | ||
(b) where on the hearing of the appeal, it decides that the Agency, in making its decision committed a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error— | ||
(i) set aside the decision of the Agency, | ||
(ii) set aside the decision of the Agency and replace it with such other decision as the Court considers just or appropriate to make, or | ||
(iii) remit the decision for reconsideration by the Agency, subject to such directions as the Court considers appropriate. |