SCHEDULE 11Appeals to the Scottish Ministers

PART 1

1

1

Any person who wishes to appeal to the Scottish Ministers (“the appeal body”) under regulation 73(1) against a decision of SEPA must—

a

give to the appeal body written notice of the appeal together with the documents specified in sub-paragraph (2); and

b

at the same time, send to the regulator a copy of that notice together with copies of the documents specified in sub-paragraph (2)(a) and (e).

2

The documents mentioned in sub-paragraph (1) are—

a

a statement of the grounds of appeal;

b

a copy of any relevant application;

c

a copy of any relevant monitoring plan, aviation emissions plan, or benchmarking plan (as defined by regulation 20);

d

a copy of any relevant correspondence between the appellant and the regulator;

e

a copy of any notice (or particulars of any deemed refusal) which is the subject matter of the appeal; and

f

a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.

3

An appellant may withdraw an appeal by notifying the appeal body in writing and must send a copy of that notification to the regulator.