Environmental Authorisations (Scotland) Regulations 2018: process for considering third party representations

Ministers are keen to ensure communities are engaged in environmental decision-making, and this policy statement sets out the circumstances under which third parties may ask Ministers to determine EAR applications.

4. Criteria for Ministerial Consideration

In order to ensure Ministers focus on significant cases, there is a strong presumption that Scottish Ministers will, on receiving representations from a third party, exercise their discretion to call in a case for their own determination only when all of the following five criteria are met:

1. the objection relates to a matter which is directly relevant to SEPA's determination under EAR 2018, and not a matter which more properly falls to be considered under the planning system or other regime;

2. the third party made relevant representations to SEPA within the consultation period and the subject and nature of the objection has not substantially altered;

3. the objection relates to a matter of substance that is a material consideration in the determination of the case;

4. the objection is not an objection to the appropriate use by SEPA of current principles, policies, methodologies or standards that have been subject to public consultation by a relevant Government body or Ministerial direction; and

5. the representations made to Scottish Ministers makes clear the reasons for objection and provides suitable scientific, technical or other factual evidence to substantiate the objection.

In addition, one or more of the following must normally be met for an application to be called in for a Ministerial determination under Schedule 1, paragraph 19:

1. the third party is a public authority and its objection raises issues of significance for the delivery of national, local or regional policy priorities or compliance with international obligations; or

2. the third party's objection is that either its own, or wider interests which it represents, will be directly and significantly adversely affected by a proposed activity; or

3. the objections raise issues of significance for the social, economic or environmental well-being of those objecting.


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