The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999

Appeals against decisions of the Commissioners

17.—(1) An applicant for consent may appeal to the Scottish Ministers where the Commissioners–

(a) have refused the application;

(b) have granted consent subject to conditions in addition to those required by regulation 18; or

(c) have granted consent subject only to the conditions required by regulation 18 but have specified a period for the purposes of one or both of those conditions less than the maximum period permitted by that regulation.

(2) An appeal under this regulation shall be made within 28 days, or such longer period as the Scottish Ministers may, within that period of 28 days, allow, beginning with the date on which the applicant receives notification of the Commissioners' decision under regulation 16.

(3) An appeal shall be made by notice in writing to the Scottish Ministers accompanied by, or by copies of–

(a) the application to which it relates, and any documents provided by the applicant to the Commissioners in relation to it;

(b) the decision of the Commissioners; and

(c) any other information or representations which the appellant wishes to provide or make.

(4) On receipt of a notice of appeal duly made, the Scottish Ministers shall send a copy of it to the Commissioners who shall, within 28 days beginning with the date of receipt by them of the notice of appeal, supply to the Scottish Ministers copies of any representation or information provided to them in relation to the application.

(5) On an appeal under this regulation, the Scottish Ministers may allow or dismiss the appeal or vary any part of the Commissioners' decision; and, where its decision is that consent should be granted, may accordingly grant consent either subject only to the conditions required by regulation 18 or also subject to such further conditions as it may determine.

(6) The Scottish Ministers shall determine an appeal within 28 days (or such longer period as it reasonably may require) beginning with the date of receipt of the representations or information supplied in accordance with paragraph (4) above.

(7) In determining an appeal, the Scottish Ministers shall take into consideration the environmental information, any representations in relation to the appeal and any other material consideration, including in particular its assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.

(8) Where an appeal has been determined, the Scottish Ministers shall–

(a) give notice of the decision stating that this takes into consideration the environmental information relating to the application and giving the reasons and considerations on which the decision was based to–

(i) the appellant;

(ii) the Commissioners; and

(iii) any person from whom the Commissioners received representations in relation to the application to which the appeal relates; and

(b) publish a notice of the decision in the newspapers in which the decision of the Commissioners to which the appeal relates was published in accordance with regulation 16(b) giving details of the place and times at which the public may inspect a statement of–

(i) the content of the Scottish Ministers' decision and any conditions attached thereto;

(ii) the main reasons and considerations on which the decision is based; and

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.