The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005

Appeals in relation to revocation and modification notices

18.—(1) Where the Department revokes or modifies a consent under regulation 11 or serves a prohibition notice under regulation 12, any person dissatisfied by that decision may by notice in writing appeal to the Commission within twenty-eight days from the date on which the decision to which it relates was notified to the applicant. The Commission shall send a copy of the notice to the Department.

(2) An appeal under paragraph (1) may be brought on the grounds that the revocation, modification or prohibition exceeds what is required to prevent significant harm to the environment.

(3) The Commission shall by notice in writing given to the applicant and the Department –

(a)uphold the decision of the Department; or

(b)substitute its own decision.