Regulation 56 Determination of appeals

(1)

On determining an appeal against a decision of SEPA referred to in regulation 55(1), the Scottish Ministers may—

(a)

affirm the decision, or any part of it;

(b)

where the decision is a refusal to—

(i)

grant an authorisation;

(ii)

grant a form of authorisation; or

(iii)

vary a condition of an authorisation,

direct SEPA to grant the authorisation or the form of authorisation or vary the conditions of the authorisation, as the case may be;

(c)

where the decision relates to the conditions attached to an authorisation, direct SEPA to vary any or all of the conditions of the authorisation;

(d)

if the decision is a refusal to effect the transfer of, or accept the surrender of, an authorisation, direct SEPA to effect the transfer or accept the surrender, as the case may be;

(e)

where the decision is to serve a notice—

(i)

direct SEPA to withdraw the notice;

(ii)

affirm the notice in its original form; or

(iii)

direct SEPA to vary the notice as the Scottish Ministers think fit;

(f)

where the decision is a decision that information is not commercially confidential, either affirm the decision or direct SEPA to treat the information as commercially confidential.

(2)

SEPA must comply with a direction given to it under this regulation.

(3)

A determination of an appeal by the Scottish Ministers is final.

(4)

The determination or disposal of an appeal which relates to a decision to specify standard conditions in a permit does not affect the continued validity of the standard conditions published under regulation 35.