Handling environmental appeals through hearings or local inquiries: code of practice

Scope of this code

1. This code of practice applies where either a hearing or a local inquiry is to be held by a person appointed by the Scottish Ministers to consider and make a decision on an appeal or other matter to which section 114 of the Environment Act 1995 applies-.

• the Pollution Prevention and Control (Scotland) Regulations 2012 (the PPC Regulations)
• the Water Environment (Controlled Activities) (Scotland) Regulations 2011 ( CAR)
• section 4 of the Control of Pollution (Amendment) Act 1989 (registration of carriers of controlled waste)
• the Waste Management (Scotland) Regulations 2011 (registration as a broker of or dealer in controlled waste)
• the Environmental Protection Act 1990 (waste management licences)
• section 26 of the Radioactive Substances Act 1993.

2. The person appointed by Scottish Ministers to decide the appeal will be a reporter from the Scottish Government's Planning and Environmental Appeals Division (DPEA).

3. Schedule 20 to the 1995 Act applies to hearings or inquiries held by a person appointed by Scottish Ministers. In all other respects the statutory procedures governing environmental appeals will continue to apply. For example, the time limits specified in the PPC regulations and CAR for lodging appeals, for the Scottish Environment Protection Agency ( SEPA) to reply to these, and for submitting written representations, continue to apply.

4. This code of practice does not apply to hearings or inquiries held in appeals where the final decision is to be made by the Scottish Ministers themselves, rather than by a person appointed under section 114 of the Environment Act. There are separate rules for these non-delegated cases: for example, in the CAR (see Schedule 9, paragraphs 10-19) and in the PPC Regulations (Schedule 8, paragraph 4).

The code applies to other types of appeal, such as appeals under The Waste Electrical and Electronic Equipment Regulations 2013.