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The Environmental Authorisations (Scotland) Regulations 2018

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Environmental Authorisations (Scotland) Regulations 2018 No. 219

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Interpretation: regulated activity

    4. 4.Interpretation: radioactive substances activity

    5. 5.Interpretation: authorised person

    6. 6.Interpretation: technical schedule

    7. 7.Prohibition

    8. 8.Responsibility of authorised person

    9. 9.General aims

  3. PART 2

    1. 10.General binding rules

  4. PART 3

    1. 11.Notification and application of general binding rules

    2. 12.Notifications

    3. 13.Effect and cessation of notifications

    4. 14.Surrender of notifications

  5. PART 4

    1. 15.Registrations

    2. 16.Application for a registration

    3. 17.Form and content of a registration

    4. 18.Grant of a registration

    5. 19.Variation of registrations

  6. PART 5

    1. 20.Permits

    2. 21.Applications for permits

    3. 22.Form and content of permits

    4. 23.Grant of permit

    5. 24.Review of permits

    6. 25.Variation of permits

  7. PART 6

    1. 26.Schedule 1

    2. 27.Transfer of a registration or permit

    3. 28.Effect of transfer

    4. 29.Transfer of revocation notice

    5. 30.Surrender of registration or permit

    6. 31.Revocation of permits and registrations

    7. 32.Subsistence of a registration or permit

  8. PART 7

    1. 33.Determining and revising standard conditions

    2. 34.Standard conditions: consultation

    3. 35.Standard conditions: publication

    4. 36.Notification of revisions of standard conditions

  9. PART 8

    1. 37.Power to require the provision of information

    2. 38.Register

    3. 39.Register – exclusions

    4. 40.Commercially confidential information

    5. 41.Application for commercial confidentiality

    6. 42.Review of decision on commercial confidentiality

    7. 43.Effect of decision

    8. 44.Information relating to criminal proceedings

    9. 45.Register – exclusion of information affecting national security

  10. PART 9

    1. 46.Regulatory notices

    2. 47.SEPA: regulatory notices requiring cessation

    3. 48.Withdrawing regulatory notices

    4. 49.Regulatory notices: off-site conditions

    5. 50.Enforcement by the courts

  11. PART 10

    1. 51.Costs recovery notices

    2. 52.Payment requirements for costs recovery notices

    3. 53.Recovery of payments

  12. PART 11

    1. 54.Notices – general provisions

  13. PART 12

    1. 55.Appeals to the Scottish Ministers

    2. 56.Determination of appeals

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

    4. 58.Appeals – miscellaneous

  14. PART 13 SEPA

    1. 59.Duty on SEPA to exercise its functions in accordance with the technical schedule

    2. 60.Power of SEPA to impose authorisations

    3. 61.Power of SEPA to escalate or de-escalate authorisations

    4. 62.Action by SEPA

    5. 63.Accelerated applications

    6. 64.Consolidation of permits and registrations

    7. 65.Communication of consolidation

  15. PART 14 SEPA

    1. 66.SEPA guidance

    2. 67.SEPA’s public participation statement

    3. 68.SEPA guidance – fit and proper person

  16. PART 15

    1. 69.Offences

    2. 70.Offences by bodies corporate

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

    4. 72.Offences – more than one authorised person

    5. 73.Offences – defences

    6. 74.Admissibility of evidence

    7. 75.Power of court to order offence to be remedied

  17. PART 16

    1. 76.Guidance to SEPA

    2. 77.Application of the Regulations to SEPA

  18. PART 17

    1. 78.Crown application

    2. 79.Transitional and savings provisions

    3. 80.Consequential amendments

    4. 81.Repeals and revocations

  19. Signature

    1. SCHEDULE 1

      REGISTRATIONS AND PERMITS: PROCEDURES

      1. PART 1 General provisions

        1. 1.Form of application

        2. 2.Accompanying information

        3. 3.Withdrawing an application

        4. 4.Modifying an application

        5. 5.Notifications relating to certain applications

        6. 6.Further information in respect of an application

        7. 7.Public Consultation: scope

        8. 8.Public consultation requirements

        9. 9.Duty to determine an application

        10. 10.Time limits for determining applications

        11. 11.Extension of determination periods

        12. 12.Calculating the determination period

        13. 13.Variation Notices

        14. 14.Surrender applications

        15. 15.Notice of surrender

        16. 16.Revocation of permits or registrations

        17. 17.Interpretation: satisfactory state

      2. PART 2 Call-in procedure

        1. 18.(1) This Part applies to— (a) an application for—

        2. 19.(1) The Scottish Ministers may direct SEPA that an application...

        3. 20.Before granting an application or issuing a variation to which...

        4. 21.SEPA must not determine an application or SEPA initiated variation...

        5. 22.The days specified are— (a) where every person who made...

      3. PART 3 Determinations of applications by the Scottish Ministers

        1. 23.(1) This paragraph applies where Scottish Ministers have directed SEPA...

        2. 24.In this schedule— “application” or “applications” includes reference to any...

    2. SCHEDULE 2

      OFF-SITE CONDITIONS

      1. PART 1 Procedure

        1. 1.For the purposes of this schedule SEPA imposes an off-site...

        2. 2.(1) SEPA may impose an off-site condition for any of...

        3. 3.(1) Before imposing an off-site condition, SEPA must (so far...

        4. 4.Where SEPA imposes an off-site condition, it must provide a...

        5. 5.A person (“person A”) whose consent is required for a...

      2. PART 2 Compensation for off-site conditions

        1. 6.This Part applies in any case where either—

        2. 7.The person to whom an off-site right has been granted...

        3. 8.But where a person (other than SEPA) has failed to...

        4. 9.Subject to paragraph 12, compensation is payable for—

        5. 10.(1) Subject to sub-paragraph (2), an entitlement to compensation under...

        6. 11.(1) An application for compensation under this schedule must be...

        7. 12.(1) The amount to be paid by way of compensation...

        8. 13.(1) Compensation payable carries interest at the rate for the...

        9. 14.(1) Compensation that is determined to be due is payable—...

        10. 15.In this schedule— “1963 Act” means the Land Compensation (Scotland)...

    3. SCHEDULE 3

      REGISTER

      1. 1.In this schedule, “fixed monetary penalty”, “variable monetary penalty”, “VMP...

    4. SCHEDULE 4

      PROVISIONS RELATING TO APPEALS

      1. PART 1 Appeals procedure

        1. 1.A person who wishes to appeal under regulation 55 must...

        2. 2.The documents specified are— (a) a written statement of the...

        3. 3.An appellant may withdraw an appeal by notice to the...

        4. 4.Subject to paragraph 5, notice of appeal in accordance with...

        5. 5.The Scottish Ministers may in a particular case allow notice...

        6. 6.SEPA must, within 14 days of receipt of the copy...

        7. 7.A notice under paragraph 6 must— (a) describe the subject...

        8. 8.SEPA must within 14 days of sending a notice under...

        9. 9.In the event of an appeal being withdrawn, SEPA must...

        10. 10.SEPA must make any written representations to the Scottish Ministers...

        11. 11.The appellant must make any further written representations by way...

        12. 12.When SEPA or the appellant makes any representations to the...

        13. 13.The Scottish Ministers must send to the appellant and SEPA...

        14. 14.The Scottish Ministers may require exchanges of written representations between...

      2. PART 2 Public hearings

        1. 15.Before determining an appeal under regulation 56, the Scottish Ministers...

        2. 16.A hearing may, if the appointed person so decides, be...

        3. 17.Where the Scottish Ministers cause a hearing to be held,...

        4. 18.Where any part of a hearing is to be held...

        5. 19.The Scottish Ministers may vary the date fixed for the...

        6. 20.The persons entitled to be heard at a hearing are—...

        7. 21.Nothing in paragraph 20 prevents the appointed person from allowing...

        8. 22.The appointed person must cause notice of the time and...

        9. 23.The appointed person may— (a) by notice in writing require—...

        10. 24.But the appointed person may not require any person to...

        11. 25.(1) A person who is required to give evidence at...

        12. 26.(1) The Scottish Ministers or the appointed person may treat...

        13. 27.(1) The Scottish Ministers or the appointed person may make...

        14. 28.(1) Where the Scottish Ministers or the appointed person make...

        15. 29.After the conclusion of a hearing, the appointed person must...

      3. PART 3 Determination of appeals

        1. 30.(1) The Scottish Ministers must— (a) give written notice to...

    5. SCHEDULE 5

      TRANSITIONAL AND SAVINGS PROVISIONS

      1. PART 1 General

        1. 1.Interpretation

        2. 2.(1) An existing licence which— (a) is in effect immediately...

        3. 3.(1) If before the relevant date a person—

        4. 4.(1) This paragraph applies to a person (“A”) carrying on...

        5. 5.(1) This paragraph applies to a person (“A”) who has...

        6. 6.The 1993 Act continues to have effect notwithstanding its repeal...

      2. PART 2 Metal contamination

        1. 7.(1) A permit for a Part A installation at which...

    6. SCHEDULE 6

      CONSEQUENTIAL AMENDMENTS

      1. PART 1 Public general acts

        1. 1.Nuclear Installations Act 1965

        2. 2.Environmental Protection Act 1990

        3. 3.Environment Act 1995

        4. 4.Food Standards Act 1999

        5. 5.Energy Act 2004

      2. PART 2 Subordinate legislation

        1. 6.Special Waste Regulations 1996

        2. 7.Ionising Radiations Regulations 2017

        3. 8.Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000

        4. 9.Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003

        5. 10.Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003

        6. 11.Waste Management Licensing (Scotland) Regulations 2011

        7. 12.Water Environment (Controlled Activities) (Scotland) Regulations 2011

        8. 13.Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014

        9. 14.Environmental Regulation (Relevant Offences) (Scotland) Order 2014

        10. 15.The Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014

        11. 16.Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

        12. 17.Scottish Landfill Tax (Administration) Regulations 2015

        13. 18.Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

    7. SCHEDULE 7

      REPEALS AND REVOCATIONS

      1. PART 1 Public general acts

        1. 1.The enactments listed in column 1 of the Table are...

      2. PART 2 Subordinate legislation

        1. 2.The enactments listed in column 1 of the Table are...

    8. SCHEDULE 8

      RADIOACTIVE SUBSTANCES ACTIVITIES

      1. PART 1 Scope and interpretation

        1. 1.Scope

        2. 2.(1) “Radioactive substances activity” does not include—

        3. 3.Interpretation

        4. 4.Interpretation: this schedule and schedule 9

        5. 5.Interpretation: radioactive material and radioactive waste

        6. 6.NORM industrial activity

        7. 7.Processed radionuclides of natural terrestrial or cosmic origin

        8. 8.Radionuclides not of natural terrestrial or cosmic origin

        9. 9.Radionuclides with a short half-life

        10. 10.Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

        11. 11.Substances or articles after disposal

        12. 12.Historic radium contamination

      2. PART 2 Amendments to common framework provisions

        1. 13.General Binding Rules – disapplication

        2. 14.Authorisation by permit or registration

        3. 15.Applications

        4. 16.Consultation: local authorities and relevant water authorities

        5. 17.Consultation: security of sealed sources

        6. 18.Refusal of applications

        7. 19.SEPA must refuse to grant an authorisation for a radioactive...

        8. 20.Authorisation conditions: general

        9. 21.Authorisation conditions: discharge limits

        10. 22.Authorisation conditions: monitoring

        11. 23.Authorisation conditions: high-activity sealed sources

        12. 24.Authorisation conditions: manufacture and supply of high-activity sealed sources

        13. 25.Authorisation conditions: records of high-activity sealed sources

      3. PART 3 Duties of SEPA

        1. 26.Optimisation and dose limits

        2. 27.Dose constraints

        3. 28.Estimation of doses to the members of the public

        4. 29.SEPA must— (a) identify radioactive substances activities for which an...

        5. 30.Where it has specified that an assessment must be carried...

        6. 31.Inspections

        7. 32.Record keeping

        8. 33.Sealed sources

        9. 34.Orphan Sources

        10. 35.(1) SEPA must have plans, preparations or provisions in place...

        11. 36.(1) Where SEPA is satisfied that radioactive waste ought to...

      4. PART 4 Local authorities

        1. 37.Where an authorisation requires or permits radioactive waste to be...

        2. 38.Where a local authority or relevant water authority takes any...

      5. PART 5 Radioactivity to be disregarded for purposes of certain statutory provisions

        1. 39.Statutory provisions

      6. PART 6 Tables

    9. SCHEDULE 9

      GENERAL BINDING RULES

      1. PART 1 General binding rules

      2. PART 2 Interpretation of general binding rules

        1. 1.In this schedule— “barium eluting source” means a source which—...

        2. 2.Interpretation: NORM

        3. 3.Interpretation: radioactive substances common rules

      3. PART 3 Tables

  20. Explanatory Note

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