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Reservoirs (Scotland) Act 2011
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23Review of SEPA’s decisions giving risk designations
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(1)A reservoir manager of a controlled reservoir who is given notice of a risk designation (under section 19(5) or 21(4)) may apply to SEPA for a review of the designation.
(2)Any such application must be made before the end of the period of 12 months beginning with the date on which the notice was given.
(3)Subject to subsection (4), a risk designation in respect of which an application is made under this section continues to have effect despite the application and the review.
(4)Where as a result of the review SEPA gives the controlled reservoir a different risk designation, the designation which is the subject of the application ceases to have effect from the date on which SEPA gives its decision.
(5)SEPA gives its decision in the review by giving the reservoir manager notice—
(a)specifying whether it confirms the risk designation or gives the reservoir a different risk designation,
(b)where it gives the reservoir a different risk designation, specifying the different risk designation concerned,
(c)specifying the reasons for its decision,
(d)giving information about the right of appeal under section 24 against the risk designation following the review.
(6)SEPA may charge a reasonable fee of such amount as it determines in relation to an application for review under this section.
(7)Any fee charged by SEPA under subsection (6) must be returned by it to the reservoir manager in the following circumstances—
(a)where the risk designation which was the subject of the application was as a high-risk reservoir and SEPA’s decision in the review is to give a risk designation as a medium-risk reservoir or a low-risk reservoir,
(b)where the risk designation which was the subject of the application was as a medium-risk reservoir and SEPA’s decision in the review is to give a risk designation as a low-risk reservoir.
(8)The Scottish Ministers may by regulations make further provision in relation to applications and reviews under this section.
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