Search Legislation

The Environmental Authorisations (Scotland) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 3Notifications

Notification and application of general binding rules

11.  SEPA may require that a regulated activity is to be authorised by means of notification whether or not the carrying on of the regulated activity is also subject to general binding rules.

Notifications

12.—(1) A regulated activity to which paragraph (2) applies is authorised where—

(a)SEPA has been notified, in accordance with this Part, that the activity is being, or is proposed to be, carried on (“notification”); and

(b)the activity is carried on in compliance with any general binding rules specified for that activity.

(2) This paragraph applies to an activity specified in guidance published under regulation 66(1)(a) as being subject to a requirement to notify.

(3) A notification must—

(a)be made by a person who is, or will be, in control of the activity;

(b)be in such form as SEPA may from time to time require; and

(c)contain—

(i)the name and address of the person making the notification;

(ii)a description of the regulated activity;

(iii)the place at which the activity will be carried on;

(iv)any particulars required by virtue of the technical schedule; and

(v)any such other particulars as SEPA may reasonably require.

(4) A notification must be accompanied by any fee that is payable under a charging scheme.

(5) Where a notification is made in accordance with this regulation, SEPA must—

(a)place the particulars specified in paragraph (3)(c) on the register within 7 days of the notification being made;

(b)inform the authorised person within 7 days of the notification being made—

(i)that the notification has been placed on the register;

(ii)of the date, if any, on which the notification ceases to have effect.

Effect and cessation of notifications

13.—(1) A notification has effect from the date on which SEPA informs the authorised person that it has been placed on the register.

(2) A notification ceases to have effect on—

(a)the date the notification is surrendered; or

(b)the date, if any, of which the authorised person was informed under regulation 12(5)(b)(ii) as being the date on which the notification ceases to have effect.

Surrender of notifications

14.—(1) An authorised person who has notified an activity may surrender the notification by giving notice to SEPA.

(2) A notice under this regulation must be in a form specified by SEPA and must include such information as SEPA may reasonably require.

(3) Where SEPA is notified of a surrender in accordance with paragraph (1), SEPA must—

(a)remove the associated entry from the register; and

(b)inform the authorised person of the date on which it does so,

within 7 days of the notice being given.

(4) The notification ceases to have effect on the date on which SEPA informs the authorised person that it has removed the associated entry from the register.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources