Environmental Protection Act 1990 - Part IIA Contaminated Land: statutory guidance edition 2

13 - Appeals Against a Remediation Notice

13.1 Any person who receives a REMEDIATION NOTICE has twenty-one days within which he can appeal against the notice ( section 78L(1)). Any appeal is made:

(a) to the sheriff by way of summary application, if the notice was served by a LOCAL AUTHORITY; or

(b) to THE SCOTTISH MINISTERS, if the notice was served by SEPA

13.2 The grounds for any such appeal are prescribed in regulation 7. The standard rules governing the procedure for an appeal to the sheriff by way of summary application shall apply in the case of appeals against remediation notices served by a LOCAL AUTHORITY. Regulations 8-11 prescribe the procedures for an appeal to THE SCOTTISH MINISTERS. Regulations 12 and 13 apply in the case of any appeal as specified in paragraph 13.1 above. These regulations are described in Annex 4 to this circular.

13.3 If an appeal is made, the REMEDIATION NOTICE is suspended until final determination or abandonment of the appeal ( regulation 13).

13.4 If any appeal is made against a REMEDIATION NOTICE, the ENFORCING AUTHORITY must enter prescribed particulars of the appeal, and the decision reached on the appeal, on its REGISTER ( section 78R(1)(b) and regulation 14).

ACTION DURING A SUSPENSION OF A NOTICE

13.5 Where the requirement to carry out particular REMEDIATION ACTIONS is suspended during an appeal, the ENFORCING AUTHORITY needs to consider whether this makes it necessary for the authority itself to carry out urgent REMEDIATION ( section 78N(3)(a); see paragraphs 5.1 to 0 above).

13.6 If the ENFORCING AUTHORITY does carry out urgent REMEDIATION itself in these circumstances, it does not need to prepare and publish a REMEDIATION STATEMENT, unless the REMEDIATION has not already been described in the original REMEDIATION NOTICE.

13.7 Having carried out any REMEDIATION ACTION, the ENFORCING AUTHORITY needs to consider whether to seek to recover its reasonable costs ( section 78P(1)). Its ability to do so may, however, be affected by the decision in the appeal against the REMEDIATION NOTICE. For example, it would not be able to recover its costs from the recipient of a notice who successfully appealed on the grounds that he was not the APPROPRIATE PERSON.