The Environmental Authorisations (Scotland) Regulations 2018

PART 7 Standard conditions procedure

Determining and revising standard conditions

33.—(1) SEPA may determine standard conditions in accordance with this Part.

(2) SEPA may revise standard conditions at any time.

(3) In this Part, a reference to revising standard conditions means—

(a) replacing conditions;

(b) amending conditions;

(c) removing conditions; and

(d) adding new conditions.

Standard conditions: consultation

34.—(1) In determining or revising standard conditions SEPA must consult such persons as it considers appropriate.

(2) But SEPA is not required to consult if it considers that a revision makes only minor administrative changes to standard conditions.

(3) The duty in paragraph (1) may be treated as satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

Standard conditions: publication

35.—(1) SEPA must publish any standard conditions it determines or revises.

(2) But SEPA is not required to publish details of a revision which removes standard conditions (“the removed conditions”) after the expiry of the period of 1 year beginning with the date on which the last authorisation which specified the removed conditions ceased to have effect.

(3) A standard condition may be specified in a permit or registration from the day following the date of publication of the standard condition.

Notification of revisions of standard conditions

36.—(1) This regulation applies where SEPA revises standard conditions.

(2) Before publishing the revised conditions in accordance with regulation 35(1), SEPA must inform any person who has been granted a relevant authorisation—

(a) of the proposed revision;

(b) of the date on which the revised conditions are expected to be published;

(c) of the date on which the revised conditions are expected to take effect (in accordance with paragraph (3));

(d) whether SEPA considers the revisions to be minor administrative changes; and

(e) that on the date on which the revised conditions take effect the person’s authorisation will have effect subject to the revised conditions.

(3) The revised conditions take effect—

(a) where the revision makes only minor administrative changes, on the day following the date of publication; or

(b) in any other case, three months after the date of publication.

(4) In this regulation, “relevant authorisation” means a registration or permit which will be affected by the proposed revisions if the revisions were made.