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The Environmental Authorisations (Scotland) Regulations 2018

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4.  Subject to paragraph 5, notice of appeal in accordance with paragraph 1 is to be given—

(a)in the case of an appeal in relation to a revocation notice issued under regulation 31, before the date on which the revocation notice takes effect;

(b)in the case of an appeal in relation to an application for an authorisation deemed to be withdrawn by SEPA under paragraph 6(3) or 8(3) of schedule 1, before the expiry of the period of 28 days beginning with the date of the notice of withdrawal which is the subject of the appeal;

(c)in the case of an appeal in relation to an information notice served under regulation 37, before the expiry of the period of 28 days beginning with the date of the notice of determination which is the subject of the appeal;

(d)in the case of an appeal by a person whose consent is required for the authorised person to comply with an off-site condition which has been included in an authorisation, before the expiry of the period of 28 days beginning with the date of the notice given to that person under paragraph 3 of schedule 2;

(e)in the case of an appeal in relation to a decision by SEPA under regulation 41 or 42 that information is not commercially confidential, before the expiry of the period of 28 days beginning with the date of the notice of determination which is the subject of the appeal;

(f)in the case of an appeal in relation to a regulatory notice served under regulation 46, before the expiry of the period of 28 days beginning with the day on which the notice which is the subject of the appeal was given;

(g)in the case of an appeal in relation to a costs recovery notice served under regulation 51—

(i)before the expiry of the period of 28 days beginning with the date of the notice which is the subject of the appeal; or

(ii)if the appellant has requested a breakdown of costs under regulation 51(5), before the expiry of the period of 28 days beginning with the day after the day on which SEPA provided the breakdown;

(h)before the expiry of the period of 2 months beginning with the date of the notice which is the subject of the appeal in the case of each of—

(i)an appeal in relation to a refusal of a permit or registration under paragraph 9 of schedule 1;

(ii)an appeal in relation to a deemed refusal of a permit or registration under paragraph 10(1) of schedule 1;

(iii)an appeal in relation to a refusal of an application to vary a permit under regulation 25;

(iv)an appeal in relation to the conditions attached to a permit under regulation 22 or 25;

(v)an appeal in relation to a refusal or deemed refusal of an application under regulation 27 to transfer a permit;

(vi)an appeal in relation to the conditions attached to an authorisation to take account of a transfer;

(vii)an appeal in relation to a refusal or a deemed refusal to transfer the duty to comply with a revocation notice under regulation 29;

(viii)an appeal in relation to a refusal or deemed refusal of an application under regulation 30 to surrender an authorisation;

(ix)an appeal in relation to a step specified in a surrender notice served by SEPA under paragraph 15 of schedule 1;

(x)an appeal in relation to the form of authorisation granted.

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