The Environmental Authorisations (Scotland) Regulations 2018

PART 4 Registrations

Registrations

15.  A regulated activity is authorised under these Regulations where an authorised person has been granted a registration by SEPA for the carrying on of the activity.

Application for a registration

16.  An application to SEPA for a registration must be made in accordance with schedule 1 by a person who has, or will have, control over the regulated activity sought to be authorised.

Form and content of a registration

17.—(1) A registration granted by SEPA must be in writing and must specify—

(a) the activity authorised;

(b) the authorised person;

(c) the standard conditions to which the registration is subject;

(d) the date on which the registration takes effect; and

(e) the authorised place.

(2) A registration has effect subject to the standard conditions specified in accordance with paragraph (1)(c) and (5) and regulation 19(4).

(3) A reference in a registration to standard conditions is to the conditions as revised from time to time.

(4) SEPA may specify in a registration that the registration ceases to have effect on a specified date.

(5) SEPA may, after a registration is granted, from time to time specify in writing that a registration is to be subject to either or both—

(a) different standard conditions;

(b) additional standard conditions.

Grant of a registration

18.—(1) SEPA may grant a registration authorising the carrying on of one or more regulated activities.

(2) SEPA may grant a registration authorising a regulated activity at one or more than one place.

(3) SEPA must not grant a registration unless it is satisfied that the applicant—

(a) is the person who has or will have control over the regulated activity; and

(b) is a fit and proper person to be in control of the activity.

Variation of registrations

19.—(1) SEPA may vary a registration in accordance with schedule 1 on the application of the authorised person (“an application for variation”) for one of the purposes specified in paragraph (2).

(2) The purposes are to—

(a) increase the number of regulated activities authorised by the registration;

(b) increase the extent of the site of an authorised place;

(c) increase the number of places at which the authorised activity may be carried on.

(3) SEPA must not grant an application for variation unless it is satisfied that the authorised person—

(a) is the person who will have control over the regulated activities which would be authorised by the registration if the application for variation were granted; and

(b) is a fit and proper person to be in control of the regulated activities which would be authorised by the registration if the application for variation were granted.

(4) Where SEPA grants an application for variation, it may—

(a) specify that the registration is to be subject to different standard conditions; and

(b) specify that the registration is to be subject to additional standard conditions,

to take account of the variation.