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

Annex C: Timetable for exchange of written representations

1. Appeals under the PPC regulations

There is a right of appeal to Scottish Ministers where SEPA refuses an application for a permit or grants it subject to conditions; refuses an application to vary conditions attached to a permit; refuses an application to transfer a permit or grants it subject to conditions; refuses permission to close a landfill site; requires further work to be done before a landfill site is closed; serves an enforcement notice, a variation notice, a suspension notice, a closure notice or a revocation notice; or refuses a request to treat information as commercially confidential.

Under paragraph 5 of Schedule 8 to the PPC regulations SEPA must submit written representations to Scottish Ministers within 28 days of receiving notification of an appeal. The appellant may make further representations within 17 days of receiving SEPA's representations.

Where notified parties submit representations on the appeal DPEA will send copies of them to the appellant and SEPA and give them not less than 14 days to respond.

The reporter will only permit further exchanges of representations when further information is required to enable the appeal to be determined.

2. Appeals under the CAR

There is a right of appeal to Scottish Ministers where SEPA refuses an application for authorisation or grants it subject to conditions; varies an authorisation or refuses an application to vary an authorisation; refuses an application to transfer an authorisation or grants it subject to conditions; refuses an application to surrender an authorisation or grants it subject to conditions; suspends or revokes an authorisation; serves an enforcement notice; or refuses to treat information as commercially confidential.

Under paragraphs 20 to 25 of Schedule 9 to the CARSEPA must submit written representations to Scottish Ministers within 28 days of receiving notification of an appeal. The appellant may make further representations within 28 days of receiving SEPA's representations.

Where notified parties submit representations on the appeal DPEA will send copies of them to the appellant and SEPA and give them not less than 14 days to respond.

The reporter will only permit further exchanges of representations when further information is required to enable the appeal to be determined.

3. Appeals under section 4 of the Control of Pollution (Amendment) Act 1989 (registration of carriers of controlled waste)

A person may appeal to Scottish Ministers under section 4 of Control of Pollution (Amendment) Act 1989 where an application for registration as a carrier of controlled waste has been refused or where SEPA has not made a decision on the application within a period of 2 months (or such longer period as may be agreed between the applicant and SEPA). An appeal may also be made under section 4 where a person's registration as a carrier of controlled waste has been revoked by SEPA.

Appeals are governed by the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991. However, these do not set out any time limits for submission of written representations. The procedures which DPEA proposes to adopt are set out in the following paragraphs.

On receipt of an appeal under section 4 DPEA will inform SEPA of the appeal and ask for representations on the appeal to be submitted within 28 days. The appellant may make further representations within 17 days of receiving SEPA's representations.

The reporter will only permit further exchanges of representations when further information is required to enable the appeal to be determined.

4. Appeals under the Waste Management Licensing (Scotland) Regulations 2011 (registration of brokers of and dealers in controlled waste)

A person may appeal to Scottish Ministers under schedule 5 to the 2011 regulations where an application to be registered as a broker of or dealer in controlled waste has been refused or where SEPA has not made a decision on the application within a period of 2 months (or such longer period as may be agreed between the applicant and SEPA). An appeal may also be made where a person's registration as a broker of or dealer in controlled waste has been revoked by SEPA.

Appeals are governed by paragraph 6 of schedule 5 to the 2011. However, these do not set out any time limits for submission of written representations. The procedures which DPEA proposes to adopt are set out in the following paragraphs.

On receipt of an appeal under the 2011 regulations DPEA will inform SEPA of the appeal and ask for representations on the appeal to be submitted within 28 days. The appellant may make further representations within 17 days of receiving SEPA's representations.

The reporter will only permit further exchanges of representations when further information is required to enable the appeal to be determined.

5. Appeals under the Environmental Protection Act 1990 (waste management licences)

A waste management licence is required for various types of activities concerning the treatment, keeping and disposal of controlled waste. There is a right of appeal to Scottish Ministers where SEPA refuses an application for a licence or an application to modify conditions of a licence; grants a licence subject to conditions or modifies the conditions attached to a licence; suspends or revokes a licence; rejects an application to surrender or transfer a licence; or decides that information is not commercially confidential and should be placed on the public register.

These appeals are governed by the Waste Management (Scotland) Regulations 2011. However, these do not set out any time limits for submission of written representations. The procedures which DPEA proposes to adopt are set out in the following paragraphs.

On receipt of an appeal under the 2011 regulations DPEA will inform SEPA of the appeal and ask for representations on the appeal to be submitted within 28 days. The appellant may make further representations within 17 days of receiving SEPA's representations.

The reporter will only permit further exchanges of representations when further information is required to enable the appeal to be determined.

6. Appeals under section 26 of the Radioactive Substances Act 1993

A person may not keep or use radioactive material of any description without being registered to do so. No one may dispose of radioactive waste without authorisation. Applications for registration as a user of radioactive material or for an authorisation to dispose of radioactive waste are made to SEPA.

Where SEPA refuses an application for registration as a user of radioactive material or an authorisation to dispose of radioactive waste; refuses an application for transfer of an authorisation; attaches conditions or limitations to a registration or authorisation; varies a registration or authorisation; or cancels a registration or revokes an authorisation, the person directly concerned by the decision may appeal to Scottish Ministers.

There are no procedural regulations setting out the detailed procedures to be followed in appeals under section 26. The procedures which DPEA proposes to adopt are set out in the following paragraphs.

On receipt of an appeal under section 26 DPEA will inform SEPA of the appeal and ask for representations on the appeal to be submitted within 28 days. The appellant may make further representations within 17 days of receiving SEPA's representations.

The reporter will only permit further exchanges of representations when further information is required to enable the appeal to be determined.

7. Appeals under The Waste Electrical and Electronic Equipment Regulations 2013

The Waste Electrical and Electronic Equipment Regulations (WEE) place obligations on producers of electrical and electronic equipment to finance the cost of collection, treatment, recovery and environmentally sound disposal of waste equipment form private households. Subject to certain exceptions producers must register with a producer compliance scheme.

The operator of a scheme or proposed scheme may appeal to the Scottish Ministers against a decision made by SEPA to refuse to grant approval allowing a distributor to rely on an existing take back facilities; to refuse to grant approval of a proposed scheme; or to withdraw approval of an operator’s scheme.  An operator of an authorised treatment facility or an exporter may appeal against a decision by SEPA to refuse an application for approval; to refuse an extension of a grant of approval; or to suspend or cancel a grant of approval.

The procedure to be followed in an appeal is governed by schedule 14 to the WEE regulations. However, these do not set out any time limits for the submission of written representations.  The procedures which DPEA proposes to adopt are set out in the following paragraphs.

On receipt of an appeal under the 2013 regulations DPEA will inform SEPA of the appeal and ask for representations to on the appeal to be submitted within 28 days.  The appellant may make further representations within 17 days of receiving SEPA’s  representations.

The reporter will only permit further exchanges of representations when further information is required to enable the appeal to be determined.