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The Environmental Authorisations (Scotland) Regulations 2018

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Effect of notices etc. during consideration of appeal

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57.—(1) An appeal does not have the effect of suspending—

(a)a decision of SEPA;

(b)a notice;

(c)the operation of any conditions attached to an authorisation;

(d)the refusal (or deemed refusal) of an application.

(2) But if an appeal is against a—

(a)SEPA initiated variation notice under regulation 25, the notice does not take effect until the day following the day on which—

(i)the appeal is withdrawn; or

(ii)the appeal is finally determined and service of the notice is affirmed (with or without modifications);

(b)notice requiring the provision of information under regulation 37, the notice does not take effect until the day following the day on which—

(i)the appeal is withdrawn; or

(ii)the appeal is finally determined and service of the notice is affirmed (with or without modifications);

(c)revocation notice, the notice does not take effect until the day following the day on which—

(i)the appeal is withdrawn; or

(ii)the appeal is finally determined and service of the notice is affirmed (with or without modifications);

(d)decision under regulation 41(4) or 42(4) that information is not commercially confidential, the information must not be made available to the public until the day following the day on which—

(i)the appeal is withdrawn; or

(ii)the appeal is finally determined and the decision that the information is not commercially confidential is affirmed;

(e)costs recovery notice under regulation 51, the notice does not take effect until the day following the day on which—

(i)the appeal is withdrawn; or

(ii)the appeal is finally determined and the service of the notice is affirmed (with or without modifications);

(f)SEPA initiated consolidation under regulation 64(2), the consolidation does not take effect until the day following the day on which—

(i)the appeal is withdrawn; or

(ii)the appeal is finally determined and the consolidation is affirmed.

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