The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

Application to the Court of Session by person aggrieved S

31.—(1) On application from a person with sufficient interest or whose rights have been impaired by the grant of EIA consent, the court may make an order to reduce the EIA consent where it is satisfied—

(a) having regard to the environmental information available, that the grant of EIA consent by the Commissioners or, as the case may be, the Scottish Ministers, was given contrary to the requirements of the Directive; or

(b) that the interests of the applicant have been substantially prejudiced by a failure to comply with any procedural requirement of these Regulations.

(2) An application to the court under this regulation must be made before the expiry of 6 weeks from the date of publication of the decision under regulation 26.

(3) The court may by interim order, pending the determination of the application under this regulation, suspend the operation of the EIA consent on such terms as it may think fit.

(4) For the purposes of this regulation, any non-governmental organisation promoting environmental protection and meeting any requirements under the law is deemed to have an interest for the purposes of Article 11(1)(a) of the Directive and rights capable of being impaired for the purposes of Article 11(1)(b) of the Directive.

[F1 (4A) For the purpose of paragraph (4), Article 11(1) of the Directive is to be read as if—

(a) the reference to “Member States” were to “The Scottish Ministers”,

(b) the reference to “a Member State” were to “Scotland”.]

(5) In this regulation “court” means the Court of Session.

Textual Amendments

F1 Reg. 31(4A) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 9(4) (with reg. 32)