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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