SCHEDULE 10Transitional, Savings and Supplemental Provisions
PART 1Water Environment
I11
Where on or before 1st July 2005 a person–
a
b
has applied for a consent under section 34 of the Control of Pollution Act 1974 but that application has not been determined,
in respect of an activity which is a controlled activity, the provisions of paragraphs 2 to 6 apply.
I22
Subject to paragraph 3, the person referred to in paragraph 1 must make an application to SEPA under regulation 12 for an authorisation under regulation 9 within the period beginning on 1st October 2005 and ending on 31st March 2006.
I33
Paragraph 2 does not apply where the controlled activity concerned will cease before 1st April 2006.
I44
Regulations 8 to 10, 12, 14, 15(2) to (5), 19 to 21, 35 to 36, 46(a) to (e) and (j), 47 to 49, 52 and 53 shall have effect for the purposes of the consideration of an application under paragraph 2.
I55
Subject to paragraph 6, an authorisation granted by SEPA in respect of an application under paragraph 2 shall take effect on 1st April 2006.
I66
Where–
a
SEPA has not determined an application made under paragraph 2 on or before 31st March 2006; or
b
SEPA has determined that application and the applicant has appealed against that determination,
the consent or activity referred to in paragraph 1 shall, for the purposes of regulation 5, be deemed to be an authorisation granted under regulation 9 subject to the conditions of that consent or in accordance with the description of the activity in the application under paragraph 2, as the case may be, until SEPA has determined the application, or the Scottish Ministers have determined the appeal.
I77
The person referred to in paragraph 1 may make an application under paragraph 2 before 30th September 2005, and any application made before 1st July 2005 shall be treated as if made on that date.
I88
The provisions of paragraphs 3 to 6 apply to an application under paragraph 7 as they do to an application under paragraph 2.
I99
Where a person–
a
holds a consent under section 34 of the Control of Pollution Act 1974 which is not subject to an annual charge under the Control of Pollution Act 1974 (Fees and Charges) (Scotland) Scheme 2005;
b
holds an authorisation under regulation 18 of the Groundwater Regulations 199842; or
c
has applied for an authorisation under regulation 18 of the Groundwater Regulations 1998,
in respect of an activity which is a controlled activity, the provisions of paragraphs 10 to 12 apply.
I1010
The person referred to in paragraph 9 shall be deemed to have made an application to SEPA on 1st April 2006.
I1111
–
a
Until SEPA has determined the application under paragraph 10; or
b
where SEPA has determined the application and the determination has been appealed against, the Scottish Ministers have determined that appeal,
the consent, authorisation or activity in respect of which an application has been made, shall for the purposes of regulation 5, be deemed to be an authorisation granted under regulation 8, subject to the conditions of that consent or authorisation or in accordance with the description of the activity in the application under paragraph 10, as the case may be, with effect from 1st April 2006.
I1212
Regulations 8 to 10, 12, 14, 15(2) to (5), 19 to 21, 35, 36, 46(a) to (e) and (j), 47 to 49, 52 and 53 shall have effect for the purposes of consideration of an application under paragraph 10.
PART 2Pollution Control
I1313
Where on 31st March 2006 a relevant authorisation is in force in respect of an activity which is a controlled activity, the provisions of paragraphs 14 to 17 apply.
I1414
The relevant authorisations referred to in paragraph 13 shall, for the purposes of regulation 5, be deemed to be an authorisation granted under these Regulations.
I1515
SEPA shall review all relevant authorisations referred to in paragraph 13 in accordance with the relevant provisions of the authorising legislation and where that legislation makes provision for variation or transfer of such an authorisation, it may carry out that review at the same time as such a variation or transfer.
I1616
When carrying out a review in accordance with paragraph 15, SEPA shall–
a
assess the risk to the water environment posed by the carrying on of the authorised activity;
b
assess what steps may be taken to ensure efficient and sustainable water use;
c
apply the requirements of–
i
the legislation referred to in Part 1 of Schedule 4; and
ii
regulation 24(5); and
d
have regard to the provisions of the legislation referred to in Part 2 of Schedule 4,
and shall take such steps under the authorising legislation as are necessary to ensure that the relevant authorisations comply with the requirements of these Regulations.
I1717
The review required under paragraph 15, and the steps required under paragraph 16 shall be completed by 1st April 2010.
I1818
Where, on or after 1st April 2006, an application for a relevant authorisation is made, or if made before that date has not been determined, in respect of an activity which is a controlled activity, the provisions of paragraph 19 and 20 apply.
I1919
SEPA shall, when considering an application referred to in paragraph 18–
a
assess the risk to the water environment posed by the carrying on of the authorised activity;
b
assess what steps may be taken to ensure efficient and sustainable water use;
c
apply the requirements of–
i
the legislation referred to in Part 1 of Schedule 4; and
ii
regulation 24(5); and
d
have regard to the provisions of the legislation referred to in part 2 of Schedule 4,
and shall, if they grant the application, ensure that the relevant authorisation complies with the requirements of these Regulations.
I2020
Where an application is granted in accordance with paragraph 19, it shall, for the purposes of regulation 5, be deemed to be an authorisation granted under these Regulations.
I2121
In this Part–
a
“authorised activity” means an activity referred to in paragraph 14 or 19, as the case may be;
b
“authorising legislation” means the legislation referred to in paragraph (c); and
c
“relevant authorisation” means–
i
an authorisation under Part I of the Environmental Protection Act 199043;
ii
a registration or authorisation under the Radioactive Substances Act 199344;
iii
a permit under the Pollution Prevention and Control (Scotland) Regulations 200045; and
iv
a waste management licence under the Waste Management Licensing Regulations 199446;
PART 3Abstractions and Impoundments
I2222
Where a person will be carrying out an activity on or after 1st April 2006 which is a controlled activity referred to in section 20(3)(b) or (c) of the Act and which will not be authorised under regulation 7, the provisions of paragraphs 23 to 26 apply.
I2323
The person referred to in paragraph 22 must make an application to SEPA for an authorisation under regulation 9 in respect of the activity referred to in that paragraph, within the period beginning on 1st October 2005 and ending on 31st March 2006.
I2424
Regulations 8 to 10, 12, 14, 15(2) to (5), 19 to 21, 35, 36, 46(a) to (e) and (j), 47 to 49, 52 and 54 shall have effect for the purposes of the consideration of an application under paragraph 23.
I2525
Subject to paragraph 26, an authorisation granted by SEPA in respect of an application under paragraph 23 shall take effect on 1st April 2006.
I2626
Where–
a
SEPA has not determined an application made under paragraph 23 on or before 1st April 2006; or
b
SEPA has determined that application and the applicant has appealed against that determination,
the activity referred to in paragraph 22 shall, for the purposes of regulation 5, be deemed to be authorised under these Regulations in accordance with the description of the activity given in the application referred to in paragraph 23, until SEPA has determined the application, or the Scottish Ministers have determined the appeal, as the case may be.