PART 2Control of water abstraction

Role of Ministers

12Conditions of approval

1

If the Scottish Ministers approve a qualifying abstraction, they may—

a

specify the period for which their approval has effect,

b

attach conditions to their approval.

2

Conditions under subsection (1)(b) may—

a

impose restrictions on—

i

the rate at which water may be abstracted (above the relevant threshold),

ii

the purposes for which the water may be used,

b

require that particular steps be taken in relation to the abstraction or any associated operations,

c

relate to compensation for any adverse impact of a specific kind caused by the abstraction,

d

concern such other matters as the Scottish Ministers consider to be relevant.

3

It is the holder who is subject to any conditions attached under subsection (1)(b).

4

Except with the Scottish Ministers’ prior consent, their approval of a qualifying abstraction is not transferable by the holder to another person.

5

After consulting the holder, the Scottish Ministers may—

a

under subsection (1)(a), extend any period specified under that subsection,

b

under subsection (1)(b)—

i

vary or remove any conditions attached to their approval, or

ii

attach new conditions to their approval.