http://www.legislation.gov.uk/id/ssi/2005/348

http://www.legislation.gov.uk/ssi/2005/348/regulation/11/made

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Unemployed people

King's Printer for Scotland

2016-08-26

ENVIRONMENTAL PROTECTION

WATER

These Regulations are made under section 20 and 25 of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 (asp 3) (“the Act”). The Act transposed European Parliament and Council Directive 2000/60/EEC establishing a framework for Community action in the field of water policy (O.J. No. L 327, 22.12.2000, p.1) (“the Directive”). These Regulations provide the mechanism by which most of the measures required under Article 11(3) (other than those required by Article 11(3)(b)) of the Directive will be taken. They also make provision to meet the requirements of Article 23 of the Directive in respect of those measures. Regard has been had to the requirements of Article 4, in particular Article 4.6, and to the terms of Article 14.1 of the Directive.

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

reg. 11

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

reg. 1(2)

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

reg. 10(A1)

The Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009

reg. 4(4)(a)

reg. 1

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Sch. 3

rule 16

The Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009

reg. 4(7)

reg. 1

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Sch. 8

para. 1(v)(w)

The Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009

reg. 4(9)(b)

reg. 1

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

The Water Environment (Oil Storage) (Scotland) Regulations 2006

reg 3

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

reg 15A

The Water Environment (Controlled Activities) (Third Party Representations etc) (Scotland) Regulations 2006

reg 2

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Regulations

The Water Environment (Controlled Activities) (Scotland) Regulations 2011

reg. 58(1)(a)

reg. 3

Sch. 10

reg. 1(2)

PART IIAuthorisations

Power of SEPA to impose authorisation11

1

If it appears to SEPA that a person is carrying on (or is likely to carry on) a controlled activity–

a

which has not been authorised under regulations 8 or 9;

b

under regulation 7, but that additional measures are necessary to protect the water environment;

c

under regulation 8 but that it should now be authorised under regulation 9;

d

under regulation 9 but that it should now be authorised under regulation 8,

SEPA may treat the activity as an activity in respect of which an application has been made, and may, as it thinks fit, grant an authorisation under regulation 8 or 9.

2

Where SEPA decides to treat an activity as an activity in respect of which an application has been made–

a

the charge referred to in regulation 12(a) is payable, and

b

the remaining provisions of Part III apply as if such an application had been made.

3

SEPA shall give notice to the responsible person, if any, or to the operator that it is treating the activity in accordance with paragraph (1).