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The Environmental Authorisations (Scotland) Regulations 2018

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Notice of surrender

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15.—(1) A surrender notice must—

(a)specify any steps which SEPA considers must be taken by the authorised person to—

(i)ensure compliance with the technical schedule;

(ii)prevent environmental harm arising as a result of the regulated activity having been carried on;

(iii)prevent environmental harm arising as a result of the cessation of the activity;

(iv)restore the environment affected by the activity to a satisfactory state; and

(v)remove any equipment, plant, articles, waste or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area; and

(b)either—

(i)provide that the authorisation ceases to have effect on the date on which SEPA confirms to the applicant in writing that the steps have been completed to its satisfaction; or

(ii)specify the date on which the authorisation ceases to have effect (being not less than 28 days from the date of service of the notice (unless a shorter period is agreed between SEPA and the authorised person)).

(2) SEPA may impose an off-site condition in a surrender notice.

(3) Where SEPA grants the application for surrender in part, a surrender notice must also specify—

(a)the extent to which the application is being granted; and

(b)any variations which are necessary to the authorisation as a result of the partial surrender.

(4) Where SEPA specifies steps to be taken by the authorised person, those steps are deemed to be conditions of the authorisation.

(5) An authorisation ceases to have effect on—

(a)the date specified in the surrender notice; or

(b)the date on which SEPA confirms to the applicant in writing that the steps specified in a surrender notice have been completed to its satisfaction.

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