The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001

Appeals against notices

9.—(1) A person served with a notice under regulation 8 may within the period of 28 days beginning with the day on which that notice is served (or within such longer period as the Scottish Ministers may allow) appeal to the Scottish Ministers against the notice.

(2) An appeal under this regulation shall be made by the appellant serving notice on the Scottish Ministers and the notice shall contain or be accompanied by a statement of the grounds of appeal.

(3) At the same time as serving such notice on the Scottish Ministers, the appellant shall send a copy of the notice and any accompanying statement to SEPA.

(4) Before determining an appeal under this regulation the Scottish Ministers shall, if requested to do so by the appellant or SEPA, afford them an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for that purpose.

(5) On determining an appeal under this regulation, the Scottish Ministers may–

(a) direct SEPA to–

(i) withdraw the notice;

(ii) extend the period for compliance with any requirement of the notice; or

(iii) modify any requirement of the notice.

(b) dismiss the appeal.

(6) The period for compliance with a notice under regulation 8 shall, subject to any direction under paragraph (5), be extended so that it expires on the date on which the Scottish Ministers finally determine the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.