Appeals on Authorisations EPA 1990 s. 15
EPA 1990 s. 15 allows appeals to the Secretary of State against authorisation refusals, conditions, revocations, and enforcement or prohibition notices.
The following persons, namely— a person who has been refused the grant of an authorisation under section 6 above; a person who is aggrieved by the conditions attached, under any provision of this Part, to his authorisation; a person who has been refused a variation of an authorisation on an application under section 11 above; a person whose authorisation has been revoked under section 12 above; may appeal against the decision of the enforcing authority to the Secretary of State (except where the decision implements a direction of his). A person on whom a variation notice, an enforcement notice or a prohibition notice is served may appeal against the notice to the Secretary of State (except where the notice implements a direction of his). . This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc ). An appeal under this section shall, if and to the extent required by regulations under subsection (10) below, be advertised in such manner as may be prescribed by regulations under that subsection. Before determining an appeal under this section, the Secretary of State may, if he thinks fit— cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or cause a local inquiry to be held; and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal. On determining an appeal against a decision of an enforcing authority under subsection (1) above, the Secretary of State— may affirm the decision; where the decision was a refusal to grant an authorisation or a variation of an authorisation, may direct the enforcing authority to grant the authorisation or to vary the authorisation, as the case may be; where the decision was as to the conditions attached to an authorisation, may quash all or any of the conditions of the authorisation; where the decision was to revoke an authorisation, may quash the decision; and where he exercises any of the powers in paragraphs (b), (c) or (d) above, he may give directions as to the conditions to be attached to the authorisation. On the determination of an appeal under subsection (2) above the Secretary of State may either quash or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit. Where an appeal is brought under subsection (1) above against the revocation of an authorisation, the revocation shall not take effect pending the final determination or the withdrawal of the appeal. Where an appeal is brought under subsection (2) above against a notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice. Provision may be made by the Secretary of State by regulations with respect to appeals under this section and in particular— as to the period within which and the manner in which appeals are to be brought; and as to the manner in which appeals are to be considered. and any such regulations may make different provision for different cases or different circumstances.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 15 sets out the right to appeal decisions made by an enforcing authority regarding environmental authorisations and notices. A person may appeal to the Secretary of State if they are refused an authorisation under section 6, object to conditions attached to an authorisation, are refused a variation under section 11, or have an authorisation revoked under section 12. A person served with a variation notice, enforcement notice, or prohibition notice may also appeal against the notice.
Before determining an appeal, the Secretary of State may hold a hearing or local inquiry, and must do so if requested by either party. On determining the appeal, the Secretary of State may affirm or quash decisions and notices, direct the authority to grant or vary authorisations, or modify notice terms. This power is subject to delegation rules under section 114 of the Environment Act 1995.
The timing rules differ depending on the appeal type. If an appeal is brought against the revocation of an authorisation, the revocation does not take effect until the appeal is determined or withdrawn. However, bringing an appeal against a variation notice, enforcement notice, or prohibition notice does not suspend the notice; it remains operational while the appeal is pending.
When it applies
- An operator appeals to the Secretary of State after an authority revokes their operating authorisation under section 12.
- A business owner requests a hearing during an appeal against permit conditions attached under subsection (1).
- A plant manager appeals against a prohibition notice served on them while checking whether the notice stays active during the appeal.
- An applicant appeals after the enforcing authority refuses to grant an authorisation variation requested under section 11.
What this section does not say
- Appealing statutory nuisance abatement notices issued by local authorities regarding noise, dust, or smell.
- Determining criminal penalties for failing to comply with notices, which are addressed in provisions like epa1990s.158.
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This page reproduces the text of EPA 1990 s. 15 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.