Appeals against remediation notices EPA 1990 s. 78L
A person served a remediation notice under EPA 1990 has 21 days to appeal. Appellate authority must quash if material defect, else may confirm or quash.
A person on whom a remediation notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice— if it was served by a local authority in England or by the Environment Agency , to the Secretary of State; if it was served by a local authority in Wales or by the Natural Resources Body for Wales , to the National Assembly for Wales; and in the following provisions of this section “ the appellate authority ” means the Secretary of State or the National Assembly for Wales, as the case may be . On any appeal under subsection (1) above the appellate authority— shall quash the notice, if it is satisfied that there is a material defect in the notice; but subject to that, may confirm the remediation notice, with or without modification, or quash it. Where an appellate authority confirms a remediation notice, with or without modification, it may extend the period specified in the notice for doing what the notice requires to be done. Regulations may make provision with respect to— the grounds on which appeals under subsection (1) above may be made; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the procedure on an appeal under subsection (1) above . . . Regulations under subsection (4) above may (among other things)— include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works); prescribe the cases in which a remediation notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings; prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the remediation notice against which he is appealing; prescribe the cases in which the appellant may claim that a remediation notice should have been served on some other person and prescribe the procedure to be followed in those cases; make provision as respects— the particulars to be included in the notice of appeal; the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; and the abandonment of an appeal; make different provision for different cases or classes of case. This section, . . . , is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc ).
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
If you are served a remediation notice under Part 2A of the Environmental Protection Act 1990, you have 21 days from the day the notice is served to appeal. The appeal goes to the Secretary of State if the notice was served by a local authority in England or the Environment Agency, or to the National Assembly for Wales if served by a Welsh authority or Natural Resources Body for Wales.
On appeal, the appellate authority must cancel the notice if it has a material defect. Otherwise it may confirm the notice with or without modification, or cancel it. It can also extend the time for compliance. Regulations cover grounds for appeal, procedure, suspension of the notice pending appeal, and other details. This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).
When it applies
- A landowner receives a remediation notice for soil contamination from a former industrial use and wants to argue the notice is defective because it fails to identify the specific remediation required.
- A company is served a notice for groundwater pollution it claims was caused by a third party, and appeals arguing the notice should have been served on that other person.
- A homeowner is issued a notice for Japanese knotweed removal and disputes the factual basis, claiming the knotweed did not originate from their land.
- A local authority serves a notice on a developer for contamination discovered during construction, and the developer appeals within the 21-day period on procedural grounds.
What this section does not say
- This section does not set out the specific grounds on which an appeal can be made; those are in regulations made under subsection (4).
- It does not determine who is the 'appropriate person' to bear responsibility for remediation – that is covered by section 78F.
- It does not address compensation for rights of entry or other restrictions – see section 78G.
- It does not cover the content of the remediation notice itself, such as the works required or the compliance period.
Related sections
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This page reproduces the text of EPA 1990 s. 78L 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.