# The Environmental Authorisations (Scotland) Regulations 2018, 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.

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Source: https://www.legislation.gov.uk/sdsi/2018/9780111039014/regulation/56 (the official version)
Page: https://openlegislation.uk/draft-environmental-authorisations-scotland-regulations-2018/regulation-56
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.