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The Water Environment (Oil Storage) (Scotland) Regulations 2006

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7.  (1)  Subject to paragraphs (2) and (3), where an activity referred to in regulations 4 to 6 is–

(a)being carried on immediately before 1st April 2006, the principal Regulations and these Regulations do not apply to it until 1st April 2010 unless it is being carried on less than,

(i)10 metres from any surface water or wetlands, or

(ii)50 metres from any well or borehole,

in which case the principal Regulations and these Regulations apply to it on 1st April 2008;

(b)commenced on or after 1st April 2006 but before 1st October 2006, the principal Regulations and these Regulations do not apply to it until 1st October 2006.

(2) Regulation 28 of the principal Regulations applies to any such activity from the date on which these Regulations come into force.

(3) If a notice is served under regulation 28 of the principal Regulations in respect of any such activity and is not complied with, unless the time limit relevant to that activity under paragraph (1) expires first, the provisions of the principal Regulations and these Regulations apply to that activity from whichever of the following is the later–

(a)the expiry of the time limit imposed in the notice, or

(b)if there is an appeal against the notice, the date on which the appeal is determined or withdrawn.

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