Appeals (or questions, representations, objections etc.) can be made to the Scottish Ministers by affected parties who are not content with a decision made by an enforcing authority, such as the Scottish Environment Protection Agency or Scottish Water. Most environmental legislation makes provision, in a range of different ways, for appeals to be made.
If you wish to make an appeal you should always read the relevant sections of the legislation to find out about any limitations placed on the scope for the Scottish Ministers to resolve the dispute and about any procedures they, and you must comply with. You should also appreciate that a successful appeal does not necessarily mean that you are exempt from the need to obtain approval for a project under other legislation (for example, planning permission).
Making an Appeal
If you are interested in making an appeal against a environmental regulation decision you may find the information given in " Guide to Appeals" (PDF 141kb) useful.
Once appeals are received they are usually dealt with either by written representations or by way of a hearing. Once the appropriate procedures have been completed, the Scottish Ministers will consider all the evidence available and determine the appeal. Please note that the Scottish Executive Environment and Rural Affairs Dept is responsible for handling appeals to Scottish Ministers made under the relevant environmental legislation. In the Department, appeals are handled by independent officials in the Determinations Team, a specialist team of engineering and administrative staff experienced in handling such cases.
The menu on the left will take you to more information about the service we provide together with links to additional information.