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The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007

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25.—(1) The Scottish Ministers shall keep a register containing the information specified in paragraph (2).

(2) The register shall contain a copy, either in photographic or electronic form or both, of–

(a)each determination received from the Secretary of State under regulation 5(2);

(b)each determination made by the Scottish Ministers under regulation 5(3);

(c)each request for a preliminary determination under regulation 6(1);

(d)each preliminary determination made by the Scottish Ministers in response to a request under regulation 6(1);

(e)each opinion given by the Scottish Ministers under regulation 7(2);

(f)each application for permission to carry out dredging made to the Scottish Ministers under regulation 9(1), including any environmental statement, and any accompanying plans and drawings;

(g)any further information supplied in response to a request under regulation 10(2), or any other information supplied by the applicant;

(h)each notice published under regulation 11(1);

(i)any reports and advice which are issued to the Scottish Ministers in relation to any application under these Regulations;

(j)each determination made by the Scottish Ministers under regulation 12(1);

(k)any information supplied by an applicant under regulation 12(2);

(l)each decision of the Scottish Ministers in relation to an application under regulation 12(6), including a copy of the report of any person appointed under regulation 12(4) in respect of the application, details of any conditions subject to which permission was granted and the date of the decision;

(m)each approval of a transfer given under regulation 15(2), including a copy of any conditions subject to which the approval was given;

(n)each application for a variation of a permission made under regulation 17(1);

(o)any information provided by the applicant, or decision, determination or opinion of the Scottish Ministers in relation to an application to vary a permission to carry out dredging, under any regulation which is applied to an application under regulation 17(1) by regulation 18(1)(b) or (3);

(p)each determination made by the Scottish Ministers under regulation 17(3);

(q)any information provided by an applicant for a variation under regulation 19(2);

(r)each decision made by the Scottish Ministers under regulation 19(8) in relation to a proposed variation, including a copy of the report of any person appointed under regulation 19(6) in respect of the application, details of any conditions subject to which the variation was granted and the date of the decision;

(s)each notice served by the Scottish Ministers under regulation 20(3)(a);

(t)any information provided by the owner or holder of a permission in response to a request under regulation 20(3)(b);

(u)the report of any person appointed under regulation 20(10);

(v)each decision made by the Scottish Ministers under regulation 20(11);

(w)each notice served by the Scottish Ministers under regulation 20(12);

(x)the order of any court in any legal proceedings in respect of an offence under these Regulations;

(y)any information supplied by an applicant under paragraph 2(2) of Schedule 3;

(z)any information provided by the owner or holder of a permission under paragraph 3(4) of Schedule 3;

(aa)each decision made by the Scottish Ministers to affirm, revoke or vary a permission under paragraph 3(5) of Schedule 3;

(bb)each notice served by the Scottish Ministers under paragraph 4(1) of Schedule 3;

(cc)each notice served by the Scottish Ministers under paragraph 5(1) or (5) of Schedule 3;

(dd)each decision made by the Scottish Ministers in respect of a review under paragraph 5(4) of Schedule 3, including a copy of the report of any person appointed under paragraph 5(3) of that Schedule in respect of the review, and the date of the decision;

(ee)any statement of reasons accompanying any of the above;

(ff)any monitoring scheme, report or other information submitted to the Scottish Ministers under a condition to which permission to carry out dredging, or consent to a transfer of a permission under regulation 15, was made subject;

(gg)any representation made or information provided to the Scottish Ministers by any person or body, and in particular an EEA state, the Secretary of State and the Department of Environment in connection with any function performed or to be performed by the Scottish Ministers under these Regulations; and

(hh)the order of any court in any legal proceedings in which the validity of any approval, decision, determination, opinion or other action of the Scottish Ministers under these Regulations was questioned.

(3) The register shall include an index.

(4) The register shall be available for inspection by the public at all reasonable hours, by prior appointment.

(5) Where the register is kept using electronic storage, the Scottish Ministers may also make the register available for inspection by the public on a website maintained by the Scottish Ministers for that purpose.

(6) On request by any member of the public and on payment of a reasonable fee, the Scottish Ministers shall provide a copy of any document entered on the register.

(7) Except where paragraph (8) applies, an entry in the register shall be made within 28 days of–

(a)the receipt by the Scottish Ministers of any application, representation, information, scheme, report or order;

(b)the giving or making of the relevant approval, decision, determination or opinion, or the issuing of the relevant notice.

(8) Where the Scottish Ministers are of the view that making an entry in the register in accordance with paragraph (7) may prejudice the fairness or speed of the process of the giving or making of any approval, decision, determination or opinion under these Regulations, the entry shall be made as soon as practicable after the approval, decision, determination or opinion has been made or given.

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