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

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PART 2Pollution Control

13.  Where on 31st March 2006 a relevant authorisation is in force in respect of an activity which is a controlled activity, the provisions of paragraphs 14 to 17 apply.

14.  The relevant authorisations referred to in paragraph 13 shall, for the purposes of regulation 5, be deemed to be an authorisation granted under these Regulations.

15.  SEPA shall review all relevant authorisations referred to in paragraph 13 in accordance with the relevant provisions of the authorising legislation and where that legislation makes provision for variation or transfer of such an authorisation, it may carry out that review at the same time as such a variation or transfer.

16.  When carrying out a review in accordance with paragraph 15, SEPA shall–

(a)assess the risk to the water environment posed by the carrying on of the authorised activity;

(b)assess what steps may be taken to ensure efficient and sustainable water use;

(c)apply the requirements of–

(i)the legislation referred to in Part 1 of Schedule 4; and

(ii)regulation 24(5); and

(d)have regard to the provisions of the legislation referred to in Part 2 of Schedule 4,

and shall take such steps under the authorising legislation as are necessary to ensure that the relevant authorisations comply with the requirements of these Regulations.

17.  The review required under paragraph 15, and the steps required under paragraph 16 shall be completed by 1st April 2010.

18.  Where, on or after 1st April 2006, an application for a relevant authorisation is made, or if made before that date has not been determined, in respect of an activity which is a controlled activity, the provisions of paragraph 19 and 20 apply.

19.  SEPA shall, when considering an application referred to in paragraph 18–

(a)assess the risk to the water environment posed by the carrying on of the authorised activity;

(b)assess what steps may be taken to ensure efficient and sustainable water use;

(c)apply the requirements of–

(i)the legislation referred to in Part 1 of Schedule 4; and

(ii)regulation 24(5); and

(d)have regard to the provisions of the legislation referred to in part 2 of Schedule 4,

and shall, if they grant the application, ensure that the relevant authorisation complies with the requirements of these Regulations.

20.  Where an application is granted in accordance with paragraph 19, it shall, for the purposes of regulation 5, be deemed to be an authorisation granted under these Regulations.

21.  In this Part–

(a)“authorised activity” means an activity referred to in paragraph 14 or 19, as the case may be;

(b)“authorising legislation” means the legislation referred to in paragraph (c); and

(c)“relevant authorisation” means–

(i)an authorisation under Part I of the Environmental Protection Act 1990(1);

(ii)a registration or authorisation under the Radioactive Substances Act 1993(2);

(iii)a permit under the Pollution Prevention and Control (Scotland) Regulations 2000(3); and

(iv)a waste management licence under the Waste Management Licensing Regulations 1994(4);

(1)

1990 c. 43; amended by the Environment Act 1995 (c. 25), the Pollution Prevention and Control Act 1999 (c. 24); the Anti Social Behaviour (Scotland) Act 2004 (asp 8) and the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323).

(2)

1993 c. 12, amended by the Clean Air Act 1993 (c. 11), the Environment Act 1995 (c. 25), the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), the Food Standards Act 1999 (c. 28) and the Statute Law (Repeals Act 2004 (c. 14).

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