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The Environmental Authorisations (Scotland) Regulations 2018

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39.—(1) In any case where SEPA does not include on the register a representation made to it in response to a consultation or to a notice advising of an appeal on request of the person who made it, SEPA must include on the register confirmation that—

(a)a representation has been made; and

(b)the person has not requested it be made public.

(2) SEPA must not include on the register a confirmation which would allow identification of the person.

(3) Where an application is withdrawn by the applicant, or is deemed withdrawn, before it is determined, SEPA must not include on the register any particulars of that application after a period of 3 months has passed beginning with the date on which the application was withdrawn or deemed withdrawn.

(4) Nothing in regulation 38(1) requires SEPA to include on the register—

(a)particulars relating to an authorisation (including applications and any other information relating to the authorisation) if a period longer than 12 months has passed beginning with the last date on which the authorisation was in force;

(b)particulars relating to an application if a period longer than 12 months has passed beginning with the later of the dates on which—

(i)SEPA refused the application; or

(ii)the Scottish Ministers affirmed SEPA’s refusal of the application on appeal;

(c)monitoring information provided by an authorised person relating to a particular regulated activity if a period longer than 6 years has passed beginning with the date on which the measurement to which the monitoring information relates was made;

(d)information relating to a regulated activity which has been superseded by new information relating to that activity for a period longer than 6 years after that new information is made available; or

(e)information contained in an application form relating to convictions for offences by an individual subject to the Rehabilitation of Offenders Act 1974(1).

(5) Paragraph (4)(c) does not apply to any aggregated monitoring data relating to activities generally or for any class of activities.

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