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

Appeals against the decisions of the Commissioners

30.—(1) An applicant may appeal to the Scottish Ministers where the Commissioners have—

(a) refused to grant EIA consent;

(b) granted EIA consent subject to conditions additional to the mandatory conditions; or

(c) granted EIA consent subject only to the mandatory conditions but have—

(i) for the purposes of regulation 4(a) specified a period shorter than 5 years beginning with the date on which EIA consent is given;

(ii) for the purposes of regulation 4(b) specified a period shorter than 10 years beginning with the date on which EIA consent is given; or

(iii) made both the specifications mentioned in sub-paragraphs (i) and (ii).

(2) An appeal must be made before the expiry of the period of 28 days (or such longer period as the Scottish Ministers may allow) beginning with the date on which the decision notice is given to the applicant.

(3) An appeal must be made in writing to the Scottish Ministers and must be accompanied by (or by copies of) the relevant—

(a) EIA application;

(b) EIA report;

(c) additional information;

(d) decision notice; and

(e) information or representations which the applicant wishes to provide or make.

(4) Where notice of appeal is given in accordance with paragraphs (1) to (3), the Scottish Ministers must send a copy of it to the Commissioners who must, before the expiry of the period of 28 days beginning with the date of receipt by them of the notice of appeal, supply to the Scottish Ministers copies of any information or representation provided, or made, to them in relation to the EIA application.

(5) Following an appeal made under paragraph (1), the Scottish Ministers may—

(a) grant EIA consent, subject only to the mandatory conditions;

(b) grant EIA consent, subject to the mandatory conditions and to such further conditions as they may determine;

(c) refuse to grant EIA consent; or

(d) vary any part (except in relation to the mandatory conditions) of the Commissioners’ decision to grant EIA consent.

(6) The Scottish Ministers must determine an appeal made under paragraph (1) before the expiry of the period of 28 days beginning with the date on which they receive the information and representations supplied under paragraph (4) or within such longer period as they may reasonably require.

(7) In determining an appeal made under paragraph (1), the Scottish Ministers must take into account the environmental information, any representations in relation to the appeal and any other material consideration, including, in particular, their assessment of the direct and indirect significant effects of the EIA forestry project on the factors specified in regulation 5(3).

(8) On determination of an appeal made under paragraph (1), the Scottish Ministers must give notice of the appeal decision, including a statement confirming that the environmental information was considered and of the reasons and considerations on which the appeal decision is based, to—

(a) the applicant; and

(b) the Commissioners.