42ZIRight of appeal

42ZI Right of appeal

(1)  A person who intends to carry out an EL activity may appeal to the Appeal Tribunal against a decision of the Director or the Board under section 42J or section 42K to refuse to grant an environmental licence in relation to the activity, except in relation to a decision in accordance with section 42L(1) .

(2)  A person to whom an environmental licence has been granted may appeal to the Appeal Tribunal against a decision of the Director or the Board –

(a) under section 42F to impose conditions or restrictions on the environmental licence, but only if the condition or restriction to which the appeal relates is not a condition or restriction substantially the same as a condition or restriction imposed on an existing authorisation in relation to the activity to which the environmental licence relates; or

(b) under section 42J , or section 42K , to impose conditions or restrictions on the environmental licence.

(3)  A person who holds or has held an environmental licence may appeal to the Appeal Tribunal against a decision of the Director or the Board –

(a) under section 42N to vary the environmental licence, if the variation is not a variation of the licence for which the holder of the environmental licence applied under section 42N(1) ; or

(b) under section 42N to refuse to vary the environmental licence; or

(c) under section 42P to vary the environmental licence, but only if the person provided the Director under section 42P(3) with written reasons why the licence ought not be so varied; or

(d) under section 42Q to vary the environmental licence but, if the variation is made after an assessment conducted under section 27AA(5) , only if the person provided the Board under section 42P(10) with written reasons why the licence ought not be so varied; or

(e) under to refuse to vary the environmental licence; or