Water Resources (Scotland) Act 2013

Prospective

16Appeal against decisionS

This section has no associated Explanatory Notes

(1)For the purpose of subsections (2) to (4), a relevant decision is one—

(a)following an application under section 10(1), not to approve a qualifying abstraction,

(b)to specify a period under section 12(1)(a),

(c)to attach any conditions under section 12(1)(b), or

(d)to impose a suspension or revocation under section 15(1)(b) or (c).

(2)The applicant or (as the case may be) holder may appeal to the sheriff against a relevant decision, if aggrieved—

(a)in the case to which subsection (1)(a) or (d) relates, by the making of the relevant decision,

(b)in the case to which subsection (1)(b) relates, by the shortness of the period so specified,

(c)in the case to which subsection (1)(c) relates, by the nature or terms of the conditions so attached.

(3)An appeal under subsection (2) must be made—

(a)by way of summary application,

(b)within the period of 21 days beginning with the day on which the relevant decision is duly intimated.

(4)In the appeal, the sheriff may uphold, vary or quash the relevant decision.