Where it is determined that a participant in REPS has incurred a penalty as a result of a deficient agri-environmental plan or a planner error, my Department may also take action against the planner concerned but the penalty on the REPS participant will stand. However he or she will have the right of appeal to the national REPS appeals committee, which is an independent body whose decision is final. It will be open to the appeal committee and to the appeals office to consider all aspects of the case and to decide to reduce or waive penalties on REPS participants.