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The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013

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1.  These Regulations may be cited as the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013 and come into force on 1st July 2013.

Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2011

2.—(1) The Water Environment (Controlled Activities) (Scotland) Regulations 2011(1) are amended as follows.

(2) In regulation 3(2), omit “Licensing”.

(3) In regulation 13—

(a)for paragraph (1) substitute—

(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—

(a)publish such details of the application as it considers appropriate on its website; and

(b)require the application to be advertised in accordance with this regulation.; and

(b)for paragraph (5) substitute—

(5) SEPA must consider all written representations made in connection with an application advertised under this regulation which are received—

(a)on or after the date on which the application is received by SEPA; and

(b)before the expiry of the period of 28 days beginning with the date of the advertisement..

(4) In Schedule 3—

(a)in Part 1, for the table substitute the table in the Schedule to these Regulations; and

(b)in Part 2, after the definition of “application” insert—

“buffer zone” means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the water environment;.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th May 2013

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