36Variation or revocation of order

36 Variation or revocation of order

(1)  A landholder of affected land to which an order for the purposes of this Act relates, or an owner of land on which is situated a plant to which such an order relates, may apply to the Appeal Tribunal for a variation of the order.

(2)  An application under subsection (1) is to be accompanied by the prescribed fee, if any.

(3)  The Appeal Tribunal may, on application under subsection (1) for a variation of an order, vary the order by altering the terms of the order or by substituting any other order that the Appeal Tribunal may make for the purposes of this Act.

(4)  The Appeal Tribunal must give notice in writing of the variation or revocation under this section of an order in relation to a plant to –

(a) the affected landholder to whom the original order relates; and

(b) each owner of the land on which the plant is situated; and

(c) the council, if any, in relation to the land on which is situated the plant to which the order relates; and

(d) any government body, or other person, that the Appeal Tribunal considers to have an interest in the matter.

(5)  A variation under this section of an order in relation to a plant is of no effect until notice of the variation has been given to the affected landholder of the land that is affected by the plant and each owner of the land on which the plant is situated.

(6)  Without limiting the circumstances in which the Appeal Tribunal may make an order revoking an order made under this Act, the Appeal Tribunal may, on application or on its own initiative, by order, revoke an order that it considers has been satisfied.