The Water Environment (Controlled Activities) (Scotland) Regulations 2011

Advertisement of application

13.—(1) If SEPA receives an application it may, if it considers that the controlled activity has or is likely to have a significant adverse impact on the water environment or the interests of other users of the water environment, require the application to be advertised in accordance with this regulation.

(2) SEPA must serve notice requiring the applicant to advertise the application, and to send SEPA a copy of any such advertisement, within 28 days beginning with the date on which the notice was served.

(3) SEPA must specify in a notice under paragraph (2)—

(a) the form of the advertisement;

(b) the text to be included in the advertisement;

(c) the publications or locations in which the advertisement should be placed; and

(d) the dates between which the advertisement should be placed.

(4) An advertisement under paragraph (2) must, as a minimum—

(a) describe the application, the assessment procedure, and the potential determinations of the application by SEPA;

(b) state whether further information is available and, if so, how that information may be obtained or accessed;

(c) explain that any person affected or likely to be affected by, or having an interest in, the application may make representations to SEPA in writing within 28 days beginning with the date of the advertisement; and

(d) give the address to which such representations should be sent.

(5) SEPA must consider all written representations made under paragraph (4).

(6) The requirements of this regulation do not apply insofar as they would require the advertisement of information which, by virtue of regulation 38, is not to be included in the register maintained under regulation 37.