Enforcement and sanctions policy - annex 3 grounds of appeal for RES Act sanctions
The grounds of appeal for the individual RES Act sanctions are listed below.
Fixed monetary penalties (FMPs)
- That the decision was based on an error of fact
- That the decision was wrong in law
- That the decision was unreasonable
- Any other reason
Variable monetary penalties
- That the decision was based on an error of fact
- That the decision was wrong in law
- That the amount of the penalty is unreasonable
- In the case of a non-monetary requirement, that the nature of the requirement is unreasonable
- That the decision was unreasonable for any other reason
- Any other reason
Compliance and restoration notices
- That the decision was based on an error of fact
- That the decision was wrong in law
- In the case of a non-monetary requirement, that the nature of the requirement is unreasonable
- That the decision was unreasonable for any other reason
Non-compliance penalties
- That the decision to serve the notice was based on an error of fact
- That the decision was wrong in law
- That the decision was unfair or unreasonable for any reason
- That the amount of the penalty was unreasonable
- Any other reason
Enforcement cost recovery notices
- Against our decision to impose the requirement to pay costs
- Against our decision as to the amount of those costs
- Any other reason
Enforcement undertaking completion certificate
- That the decision to not to issue a certificate was based on an error of fact
- That the decision was wrong in law
- That the decision was unfair or unreasonable
- That the decision was wrong for any other reason
Stop notices
- That the decision was based on an error of fact
- That the decision was wrong in law
- That the decision was unreasonable
- That any step specified in the notice is unreasonable
- That the person has not committed the offence and would not have committed it had the stop notice not been served
- That the person would not, by reason of any defence, have been liable to have been convicted of the offence had the Stop Notice not been served
- Any other reason
Stop notice completion certificate
- That the decision to not to issue a completion certificate was based on an error of fact
- That the decision was wrong in law
- That the decision was unfair or unreasonable
- That the decision was wrong for any other reason
Compensation
A person may appeal against a decision not to award compensation or the amount of compensation:
- On the grounds that our decision was unreasonable
- On the grounds that the amount offered was based on incorrect facts
- For any other reason
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