Appeals from licence decisions: EPA 1990 s. 43
EPA 1990 s. 43: appeals from licence decisions to the Secretary of State, with provision for hearings and regulations on appeal procedures.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where an appeal is made to the Secretary of State— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . if a party to the appeal so requests, or the Secretary of State so decides, the appeal shall be 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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.
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 43 of the Environmental Protection Act 1990 allows a person to appeal to the Secretary of State against a decision made about a licence under this Part. The appeal may be considered by written representations or, if a party requests or the Secretary decides, as a hearing. That hearing may be held in private if the person hearing the appeal so decides.
The Secretary of State may make regulations setting out the time within which an appeal must be brought, the manner of bringing it, and how it will be considered.
When it applies
- A waste management licence application is refused and the applicant appeals.
- A licence is revoked and the holder appeals.
- A variation is imposed on a licence and the licensee appeals.
- A party to the appeal requests a hearing.
- The Secretary decides to hold the appeal hearing in private.
What this section does not say
- This section does not specify the grounds on which an appeal may be made.
- It does not set out the time limit for bringing an appeal (that will be in regulations).
- It does not cover appeals against enforcement notices or other types of orders.
- It does not apply to decisions under other environmental legislation.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 43 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.