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Modified: 20-Mar-2008

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

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Appendix 3

Recovered Cases

3.1 Recovered cases are those of major significance which the Secretary of State would take back for determination. In these cases, the Inspector would carry out a hearing in the normal way but then prepare a report which would 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 would be looked at on an individual basis and it is not possible to anticipate every kind of appeal which might fall into this category, bit they may include for example:

(a) cases involving sites of major importance or having more than local significance;

(b) cases giving rise to significant local controversy;

(c) cases which raise significant legal difficulties;

(d) cases which can only be decided in conjuncture with other cases over which Inspectors have no jurisdiction;

(e) cases which raise major novel issues of waste management control which could set a precedent, for example involving financial guarantees, raising issues of technical competence or cases involving the use of new techniques such as mobile plant. Cases involving the surrender of licences may also come into this category; or

(f) any remaining cases which were originally lodged under Section 10 of the 1974 Act.

3.3 There may on occasions be other cases which merit recovery because of the particular circumstances. Some cases involving commercial confidentiality may, for instance, need to be recovered though by no means all. It is also possible that the circumstances of cases which have been recovered may alter during the course of the decision process, if for instance an accompanying appeal over which the Inspector has no jurisdiction is withdrawn.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.

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