SCHEDULES

[F1SCHEDULE 1AE+W+S Orders Designating Nitrate Sensitive Areas: Scotland

Textual Amendments

F1Sch. 1A inserted (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 168, 189(4)-(10), 190, 193(1), Sch. 23 para. 8, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Part I E+W+S Applications by [F2SEPA]] for Designation Orders

Textual Amendments

F2Words in Pt. I heading substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Procedure for applicationsE+W+S

2(1)[F3SEPA] shall not, for the purposes of paragraph 1 above, apply for the making of any order under section 31B of this Act, by which any land would be comprised in the areas for the time being designated as nitrate sensitive areas unless it appears to [F4SEPA]—E+W+S

(a)that pollution is or is likely to be caused by the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of particular land for agricultural purposes; and

(b)that the provisions for the time being in force in relation to those waters and that land are not sufficient, in the opinion of [F5SEPA], for preventing or controlling such an entry of nitrate into those waters.

(2)An application under this paragraph shall identify—

(a)the controlled waters appearing to [F6SEPA] to be the waters which the nitrate is entering or is likely to enter; and

(b)the land appearing to [F7SEPA] to be the land the use of which for agricultural purposes, or the doing of anything in connection with whose use for agricultural purposes, is resulting or is likely to result in the entry of nitrate into those waters.

(3)An application under this paragraph shall be made by serving a notice containing the application on the Secretary of State.

Textual Amendments

F3Words in Sch. 1A para. 2(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4Words in Sch. 1A para. 2(1)(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(10) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5Words in Sch. 1A para. 2(1)(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(10) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F6Words in Sch. 1A para. 2(1)(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(10) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F7Words in Sch. 1A para. 2(1)(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(10) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3