264Application to Appeal Tribunal for order

264 Application to Appeal Tribunal for order

(1)  Where –

(a) a person has engaged, is engaging or is proposing to engage in conduct in contravention of this Act; or

(b) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail to take any action required by this Act –

the Secretary, a water entity or any other person with the leave of the Appeal Tribunal may apply to the Tribunal for an order under this section.

(2)  The Appeal Tribunal may not grant leave for the purposes of subsection (1) , unless it is satisfied that –

(a) the proceedings on the application would not be an abuse of the process of the Tribunal; and

(b) it is likely that the requirements for the making of a determination under subsection (6) on the application would be satisfied; and

(c) it is in the public interest that the proceedings should be brought.

(3)  The application may be made ex parte and, if the Appeal Tribunal is satisfied that there are sufficient grounds, it must issue a summons requiring the respondent to appear before the Tribunal to show cause why an order should not be made under this section.

(4)  After hearing –

(a) the applicant and the respondent; and

(b) any other person who has, in the opinion of the Appeal Tribunal, a proper interest in the subject matter of the proceedings and desires to be heard in the proceedings –

the Tribunal may, if it considers it appropriate to do so, make an order as mentioned in subsection (6) .

(5)  If the respondent fails to appear in response to the summons or, having appeared, does not avail himself or herself of an opportunity to be heard, the Appeal Tribunal may, if it considers it appropriate to do so, by order do any of the things specified in subsection (6) .

(6)  The Appeal Tribunal may make any order on the application that it thinks fit and in particular may –