Water Environment (Abstractions and Associated Impoundments) Act 2022
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Appeal against or application to suspend compliance notice | ||
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100. (1) The bringing of an appeal against a compliance notice which is to take effect in accordance with section 99 (9)(a) shall not have the effect of suspending the operation of the compliance notice but the appellant may apply to the District Court to have the operation of the compliance notice suspended until the appeal is disposed of and the judge, if he or she is satisfied that there are reasonable grounds for so doing in the interests of justice and having regard to the need to prevent or limit failure by a water body to meet its environmental objectives, or if applicable, prevent or limit significant adverse effects on the environment, may direct that the operation of the compliance notice is suspended until the appeal is disposed of. | ||
(2) A person to whom a compliance notice is given may within 28 days beginning on the day on which the compliance notice is given to him or her, appeal against the compliance notice to the District Court and in determining the appeal the judge may, if he or she is satisfied that there are reasonable grounds for so doing in the interests of justice and having regard to the need to prevent or limit failure by a water body to meet its environmental objectives, or if applicable, prevent or limit significant adverse effects on the environment— | ||
(a) confirm the compliance notice, with or without modification, or | ||
(b) discharge the compliance notice. | ||
(3) Where, on the hearing of an appeal under this section a compliance notice is confirmed, the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the compliance notice for such period as, in the circumstances of the case in the interests of justice and having regard to the need to prevent or limit failure by a water body to meet its environmental objectives, or if applicable, prevent or limit significant adverse effects on the environment, the judge considers appropriate. | ||
(4) The person who appeals against a compliance notice or who applies to have the operation of the compliance notice suspended, shall at the same time notify the local authority or the Agency of the appeal or application and the local authority or the Agency shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application. |