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

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Appeals against enforcement notices

21.—(1) Any person on whom an enforcement notice has been served in accordance with regulation 20 may appeal to the Scottish Ministers.

(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 appellant receives the enforcement notice.

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

(a)the enforcement notice;

(b)any relevant consent; 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 any relevant consent or application for consent.

(5) On an appeal under this regulation, the Scottish Ministers may, subject to paragraph (9) below, allow or dismiss the appeal or vary any part of the enforcement notice.

(6) The Scottish Ministers shall determine an appeal within 28 days (or such longer period as it reasonably may require) beginning with–

(a)the date of receipt of the representations or information supplied in accordance with paragraph (4) above; or

(b)where there is no consent or application for consent relevant to the enforcement notice, the date of receipt by the Scottish Ministers of the notice of appeal.

(7) In determining an appeal, the Scottish Ministers shall take into consideration any environmental information, any representations received by them 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 give notice of the decision, giving the reasons and considerations on which the decision was based, to the appellant and the Commissioners.

(9) The Scottish Ministers shall not allow an appeal against an enforcement notice served by virtue of regulation 20(1)(a) where it appears to them that consent is required by regulation 4.

(10) The making of an appeal under this regulation shall have the effect of suspending the operation of any requirement in the enforcement notice to which it relates to take measures described in paragraphs (a), (c) or (d) of regulation 20(2) until the appeal is determined by the Scottish Ministers or, where the appeal is withdrawn, until withdrawal of the appeal.

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