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The Water Environment (Controlled Activities) (Scotland) Regulations 2005

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  1. Introductory Text

  2. PART I General

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Amendment of the Act – controlled activities

    4. 4.Application of the Regulations

    5. 5.Prohibition

    6. 6.Duty to use water efficiently

  3. PART II Authorisations

    1. 7.General Binding Rules

    2. 8.Registration

    3. 9.Water Use Licence

    4. 10.Groundwater Directive

    5. 11.Power of SEPA to impose authorisation

  4. PART III Applications and Application Procedure

    1. 12.Form and content of applications for authorisation

    2. 13.Advertisement of application

    3. 14.Further information etc.

    4. 15.Determination of application

    5. 16.Time-limits for determining applications

    6. 17.Determinations of applications by the Scottish Ministers

  5. PART IV Modification and termination of authorisations

    1. 18.Review of authorisations

    2. 19.Variation of authorisation

    3. 20.Procedure for variation

    4. 21.Request for variation

    5. 22.Transfer of authorisation

    6. 23.Conditions of transferred authorisations

    7. 24.Surrender of authorisation

    8. 25.Determination of application for surrender

    9. 26.Suspension and revocation of authorisation

  6. PART V Enforcement and other powers

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

    2. 28.Enforcement notices

    3. 29.Power of SEPA to carry out works

    4. 30.Enforcement notices – rights of entry, compensation etc.

    5. 31.Enforcement by the courts

  7. PART VI Information and Register

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

    2. 33.Public register of information

    3. 34.Confidential information

    4. 35.Application for determination of commercial confidentiality

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

    6. 37.Review of determination of commercial confidentiality

    7. 38.Effect of determination

    8. 39.Directions to SEPA concerning confidential information

  8. PART VII Offences

    1. 40.Offences

    2. 41.Offences by bodies corporate

    3. 42.Offences – acts or default of third person

    4. 43.Admissibility of evidence

    5. 44.Defence to principal offences

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

  9. PART VIII Appeals

    1. 46.Appeals to the Scottish Ministers

    2. 47.Determination of Appeals

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

    4. 49.Appeals – miscellaneous

  10. PART IX General

    1. 50.Application to the Crown

    2. 51.Application to SEPA

    3. 52.Guidance to SEPA

    4. 53.Notices

    5. 54.Transitional, savings and supplemental provisions

  11. Signature

    1. SCHEDULE 1

      Indicative list of the main pollutants

    2. SCHEDULE 2

      Substances referred to in regulation 4(1)(b)

    3. SCHEDULE 3

      General Binding Rules

      1. PART 1

      2. PART 2

    4. SCHEDULE 4

      1. PART 1

      2. PART 2

    5. SCHEDULE 5

      Charging Scheme

    6. SCHEDULE 6

      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

      1. 1.Interpretation

      2. 2.Period for making an application

      3. 3.Form of application

      4. 4.Loss and damage for which compensation payable

      5. 5.Basis on which compensation assessed

      6. 6.Payment of compensation and determination of disputes

    8. SCHEDULE 8

      Register

    9. SCHEDULE 9

      Procedures in connection with appeals to the Scottish Ministers

      1. 1.Hearing procedure

      2. 2.Procedure for written representations

      3. 3.Determination and publication of appeal

    10. SCHEDULE 10

      Transitional, Savings and Supplemental Provisions

      1. PART 1 Water Environment

      2. PART 2 Pollution Control

      3. PART 3 Abstractions and Impoundments

  12. Explanatory Note

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