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The Environmental Authorisations (Scotland) Regulations 2018

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63.—(1) This paragraph applies where SEPA considers that, by reason of an emergency—

(a)an application for a registration or permit requires to be determined within a shorter period of time than the procedures specified in schedule 1 allow; or

(b)a variation of a permit or registration (whether on the application of the authorised person or initiated by SEPA) requires to be determined within a shorter time than the procedures specified in schedule 1 allow.

(2) Where paragraph (1) applies, regulations 17(1) and 22(1), and paragraphs 1, 5, 7, 8, 10, 11, 12 and 13 of schedule 1 and paragraph 3 of schedule 2, do not apply.

(3) Where paragraph (1) applies, SEPA must comply with regulations 18(3), 19(3), 23(3) and 25(5) only insofar as it is practicable to do so.

(4) Where paragraph (1) applies, an application—

(a)must be made in such form and must be accompanied by such information as SEPA may require (and, if SEPA so determines, need not be in writing); and

(b)must be accompanied by any fee payable in accordance with a charging scheme.

(5) SEPA must decide whether to grant or refuse (in whole or in part) an accelerated application within such time period as it considers appropriate in all the circumstances.

(6) Where SEPA decides to grant an accelerated application, it must notify the authorised person in so far as it is practicable to do so of—

(a)the activity authorised;

(b)the authorised person;

(c)any conditions or standard conditions to which the authorisation is subject;

(d)the date on which the authorisation takes effect; and

(e)the authorised place.

(7) Where SEPA determines the variation of an authorisation under this regulation (whether or not initiated by SEPA), it must notify the authorised person of—

(a)the variations being made to the authorisation; and

(b)the date on which the variations are to take effect.

(8) Where SEPA notifies a person other than in writing of a determination under paragraph (6) or (7), SEPA must also notify the person in writing when it is practicable to do so.

(9) In this regulation—

“accelerated application” means an application or SEPA initiated variation to which this regulation applies in accordance with paragraph (1)(a) or (b); and

“emergency” has the same meaning as it does in section 1 of the Civil Contingencies Act 2004(1).

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