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The Water Environment (Controlled Activities) (Scotland) Regulations 2011

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Water Environment (Controlled Activities) (Scotland) Regulations 2011 No. 209

  1. Introductory Text

  2. PART I

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of the Regulations

    4. 4.Prohibition

    5. 5.Duty to use water efficiently

  3. PART II

    1. 6.General binding rules

    2. 7.Registration

    3. 8.Water use licence

    4. 9.Groundwater Directive

    5. 10.Power of SEPA to impose authorisation

  4. PART III

    1. 11.Form and content of applications for authorisation

    2. 12.Consultation with public authorities

    3. 13.Advertisement of application

    4. 14.Further information etc.

    5. 15.Determination of application

    6. 16.Consideration of third party representations

    7. 17.Time limits for determining applications

    8. 18.Accelerated determination of applications, variations and suspensions

    9. 19.Directions to SEPA regarding accelerated applications, variations and suspensions

    10. 20.Determinations of applications by the Scottish Ministers

  5. PART IV

    1. 21.Review of authorisations

    2. 22.Variation of authorisation

    3. 23.Procedure for variation

    4. 24.Request for variation

    5. 25.Transfer of authorisation

    6. 26.Conditions of transferred authorisations

    7. 27.Surrender of authorisation

    8. 28.Determination of application for surrender

    9. 29.Suspension and revocation of authorisation

    10. 30.Consolidated authorisations

  6. PART V

    1. 31.Powers and duty to monitor, enforce etc.

    2. 32.Enforcement notices

    3. 33.Power of SEPA to carry out works

    4. 34.Enforcement notices — rights of entry, compensation etc.

    5. 35.Enforcement by the courts

  7. PART VI

    1. 36.Power of the Scottish Ministers and SEPA to obtain information

    2. 37.Public register of information

    3. 38.Confidential information

    4. 39.Application for determination of commercial confidentiality

    5. 40.Procedure relating to information which might be confidential

    6. 41.Review of determination of commercial confidentiality

    7. 42.Effect of determination

    8. 43.Directions to SEPA concerning confidential information

  8. PART VII

    1. 44.Offences

    2. 45.Offences by bodies corporate

    3. 46.Offences — acts or default of third person

    4. 47.Admissibility of evidence

    5. 48.Defence to principal offences

    6. 49.Power of court to order offence to be remedied

  9. PART VIII

    1. 50.Appeals to the Scottish Ministers

    2. 51.Determination of appeals

    3. 52.Effect of notices etc. during consideration of appeal

    4. 53.Appeals – miscellaneous

  10. PART IX

    1. 54.Application to the Crown

    2. 55.Application to SEPA

    3. 56.Guidance to SEPA

    4. 57.Notices

    5. 58.Revocations, transitional and savings provisions, and amendments

  11. Signature

    1. SCHEDULE 1

      Indicative list of the main pollutants

    2. SCHEDULE 2

      Hazardous Substances

    3. SCHEDULE 3

      General binding rules

      1. PART 1

      2. PART 2

    4. SCHEDULE 4

      Relevant Legislation

      1. PART 1

      2. PART 2

    5. SCHEDULE 5

      Charging Scheme

    6. SCHEDULE 6

      Enforcement and other powers

      1. PART 1 Powers

      2. PART 2 Procedures etc.

      3. PART 3 Issue of warrants

      4. PART 4 Evidence

      5. PART 5 Compensation

    7. SCHEDULE 7

      Compensation for grant of rights

    8. SCHEDULE 8

      Register

    9. SCHEDULE 9

      Procedures in connection with appeals to the Scottish Ministers

    10. SCHEDULE 10

      Transitional and Savings Provisions

      1. PART 1 Water Environment

      2. PART 2 Pollution Control

    11. SCHEDULE 11

      Amendments

  12. Explanatory Note

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