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The Water Environment (Controlled Activities) (Scotland) Regulations 2005

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Appeals to the Scottish Ministers

46.  The following persons, namely:–

(a)a person who has been refused the grant of an authorisation in accordance with regulation 15(3) or is deemed to have been refused the grant of an authorisation in accordance with regulation 16(3);

(b)a person who has been granted a form of authorisation under regulation 15 which is different from the form of authorisation which that person believes ought to have been granted;

(c)a person who is aggrieved by the terms and conditions attached to that person’s authorisation in accordance with regulation 8 or 9;

(d)a person who has been served with a variation notice under regulation 20(2) or is aggrieved by the conditions attached to that variation notice;

(e)a person who has been refused the variation of an authorisation on request under regulation 21;

(f)a person whose application under regulation 22 for SEPA to effect the transfer of an authorisation has been refused; or who is aggrieved by the conditions attached to that person’s authorisation to take account of such a transfer;

(g)a person whose application to surrender an authorisation under regulation 24(3) has been refused or who is aggrieved by the conditions attached to that authorisation in order to take account of the surrender;

(h)a person whose authorisation has been suspended or revoked (in whole or in part) under regulation 26;

(i)a person on whom a notice has been served under regulation 28(2), or who is aggrieved by the terms of that notice; and

(j)where SEPA has determined that information is not commercially confidential under Part VI, the person to whom, or whose business, that information relates,

may appeal against the decision of SEPA to the Scottish Ministers.

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