PART 2

ENVIRONMENT
CHAPTER 2

ENVIRONMENTAL GOVERNANCE

Compliance notices

Appeal against a compliance notice
36
1
A public authority to whom a compliance notice has been issued may appeal to a sheriff against Environmental Standards Scotland’s decision to issue the notice on the ground that—
a
it has not conducted itself in the manner alleged in the notice,
b
the alleged conduct specified in the notice does not constitute—
i
a failure to comply with environmental law, or
ii
a failure to comply with environmental law in circumstances that make it likely that the failure will continue or be repeated, or
c
the alleged failure to comply with environmental law specified in the notice is not causing, or has not caused, environmental harm or a risk of environmental harm.
2
An appeal under this section—
a
must be made before the expiry of the period of 21 days beginning with the date of issue of the notice (“the 21-day period”), but
b
may be made later with the sheriff’s permission.
3
The sheriff may give permission under subsection (2)(b) for an appeal to be made after the expiry of the 21-day period only if the sheriff is satisfied that the public authority has a good reason for not making the appeal before the expiry of that period.
4
In determining an appeal under this section, the sheriff may—
a
cancel the compliance notice, or
b
confirm the notice, either with or without modifications.
5
Where an appeal is made under this section, the period mentioned in section 33(1)(d) is suspended until the appeal is finally determined or is withdrawn.