89.—(1) In the case of an appeal against a determination, notice or penalty made or given by—
(a)the Secretary of State, the appeal body is the First-tier Tribunal;
(b)the Environment Agency, the appeal body is the First-tier Tribunal;
(c)the Natural Resources Body for Wales, the appeal body is the First-tier Tribunal;
(d)the Scottish Environment Protection Agency, the appeal body is the Scottish Ministers;
(e)the chief inspector, the appeal body is the Planning Appeals Commission.
(2) Paragraph (3) applies where the appellant is or includes—
(a)the Natural Resources Body for Wales;
(b)the Scottish Environment Protection Agency.
(3) Where this paragraph applies, the appeal body is an independent person which the following appoint in writing—
(a)the Welsh Ministers, where the appellant is or includes the Natural Resources Body for Wales;
(b)the Scottish Ministers, where the appellant is or includes the Scottish Environment Protection Agency.
(4) Where the appellant is or includes the chief inspector, the appeal body is the Planning Appeals Commission.
(5) For the purposes of this article, “independent person” means a person who has no individual interest in the matter subject to the appeal and is independent of the parties to the appeal.