SCHEDULE 10Transitional, Savings and Supplemental Provisions

PART 3Abstractions and Impoundments

I122

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.

Annotations:
Commencement Information
I1

Sch. 10 para. 22 in force at 1.10.2005, see reg. 1(4)

I223

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.

Annotations:
Commencement Information
I2

Sch. 10 para. 23 in force at 1.10.2005, see reg. 1(4)

I324

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.

Annotations:
Commencement Information
I3

Sch. 10 para. 24 in force at 1.10.2005, see reg. 1(4)

I425

Subject to paragraph 26, an authorisation granted by SEPA in respect of an application under paragraph 23 shall take effect on 1st April 2006.

Annotations:
Commencement Information
I4

Sch. 10 para. 25 in force at 1.10.2005, see reg. 1(4)

I526

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.