SCHEDULE 10Transitional, Savings and Supplemental Provisions

PART 3Abstractions and Impoundments

26.

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.