Environmental Protection Act 1990 Part II - Waste Management Licences - The Appeal Procedure Guidance

Introduction
Grounds for appeal
Before making an appeal
The effort of making an appeal
Who decides your appeal

Guidance on the appeal Procedure

For appeals in Wales, please forward appeal documents or contact: The Planning Inspectorate, Crown Buildings, Cathay’s Park, Cardiff, CF10 3NQ, or telephone 029 2082 3857.

Introduction

1. This Guidance contains information about the procedure for appealing against a decision by the Environment Agency (formerly the waste regulation authorities) to refuse, modify or reject an application for a waste management licence. The guidance explains the legislative background, draws together the various publications, which are relevant to this process, and highlights some of the specific issues which may be the subject of appeal. The Information it contains was believed to be correct at the time of publication and relates to procedures in England. This guidance has no legal status but relies mainly on the Environmental Protection Act 1990 (referred to as the 1990 Act), the Environment Act 1995, the Waste Management Licensing Regulations 1994 and Circular 11/94.

2. More detailed guidance on some of the specific issues an appeal might
cover are contained in Appendices 1 and 2.

Grounds for appeal

3. An applicant for a waste management licence or someone who already
holds a licence (referred to as “the appellant”) may appeal under section 43 of the 1990 Act on the following grounds:-

a) if an application for a licence or modification of the conditions in the licence is rejected;

b) if the licence is granted subject to conditions;

c) if the conditions of the licence are modified by the Agency;

d) if the licence is suspended;

e) if the licence is revoked under sections 38 or 42 of the 1990 Act;

f) if an application to surrender the licence is rejected;

g) if an application for the transfer of the licence is rejected; or

h) in cases (a), (c), (f) and (g) above the applicant may appeal against deemed refusal if no decision has been made by the Agency within the relevant time period. (See sections 36(9), 37(6), 39(10) or 40(6) of the 1990 Act.

4. The right of appeal does not apply to decisions made by or implementing directions given by the Secretary of State.

Before making an appeal

5. Prospective appellants are advised to try to resolve any difficulties or
disagreement with the Agency. An appeal should be treated as a last resort.

The effect of making an appeal

6. Where an appeal is lodged against 3(c) or 3(e) above, the Agency’s decision will not come into effect until the appeal has been decided or the appeal has been withdrawn. This will not apply however, where the modification or revocation notice includes the statement that in the opinion of the Agency the notice is necessary to prevent pollution to the environment or harm to human health.

7. Where an appeal has been lodged against the licence being suspended, 3(d) above, the appeal will not affect the suspension.

Who decides your appeal

8. Most appeals are decided by an Inspector appointed from the Planning Inspectorate, but the Secretary of State for Environment, Food and Rural Affairs may take over the case if it is particularly important or controversial (see Appendix 3). If this happens you will be told the reason why.