Water Resources Act 1991 (as amended)
Discharge Consent and Associated Appeals - Appeal Procedure Guide
Appendix 3
SECRETARY OF STATE CASES
3.1 These are cases of major significance which the Secretary of State may recover for determination. In these cases, the Inspector will carry out an inquiry/hearing in the normal way but then prepare a report. The report will describe the site in question, summarise the case for both the appellant and the Agency, and give his or her own considerations and conclusions, with a recommendation about the decision which the Secretary of State might take.
3.2 Each case will be looked at on an individual basis and it is not possible to anticipate every kind of appeal which might fall into this category, but they may include for example:-
a) cases involving sites of major importance and/or having more than local or regional significance;
b) cases raising more than local or regional issues;
c) cases which raise significant legal difficulties
d) cases which can only be decided in conjunction with other cases over which Inspectors have no jurisdiction;
e) cases which raise major new policy issues of discharge consenting control with precedent implications (for example, the List I/II Dangerous Substances conditions).
3.3 There may be exceptionally, other cases which merit recovery because of the particular circumstances. Some cases involving commercial confidentiality may, for instance, need to be recovered. It is also possible that the circumstances of cases which have been recovered may alter during the course of the decision process, for example, an accompanying appeal over which the Inspector has no jurisdiction is withdrawn. In such cases the appeal may be returned to the Inspector for decision.
