Natural Heritage (Scotland) Act 1991

Variation of licence and late application for licence S

3 (1) [F1 SEPA] may on the application of the holder of a licence vary the licence; and, where the effect of the variation would be to increase the quantity of water authorised to be abstracted, the provisions of this paragraph shall apply in relation to the application for variation and to the variation of the licence. S

(2) [F1 SEPA] may consider at any time an application for a licence under section 17 of this Act if [F2 it is] satisfied that, in all the circumstances, the applicant could not reasonably have met the closing date.

(3) Subject to the following provisions of this paragraph, the provisions of—

(a) section 17 of this Act, other than subsection (2);

(b) paragraph 1 above, other than sub-paragraphs (2)(a), (3) and (4); and

(c) paragraph 2 above,

shall apply to such an application for variation or to such late application and to any licence varied or granted in pursuance of that application.

(4) An applicant for variation of or a late applicant for a licence shall publish in a newspaper circulating in that part of the control area which includes the waters to which the licence relates or would relate a notice stating briefly—

(a) the nature of the application; and

(b) the date by which objections to the application should be made, in writing, to [F3 SEPA].

(5) Objections to an application made under this paragraph shall not be considered by [F3 SEPA] unless they are made to [F4 it] in writing not later than the period of fourteen days beginning with the date of publication of the notice referred to in sub-paragraph (4) above.

(6) An application made under this paragraph shall be deemed to have been granted unconditionally if [F5 SEPA fails to intimate its] decision on the application to the applicant within the period of twenty-eight days beginning with the date of publication of the notice referred to in sub-paragraph (4) above; and [F3 SEPA] shall grant or vary the licence accordingly.

(7) A licence granted following an application made under this paragraph shall, subject to the provisions of Part II of this Act, remain in force until the end of the calendar year in respect of which it was granted.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in Sch. 6 para. 3(1)(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(8)(c)(i)(ii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in Sch. 6 para. 3(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(8)(c)(ii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3 Words in Sch. 6 para. 3(4)(b)(5)(6) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(8)(c)(iii)-(v) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4 Word in Sch. 6 para. 3(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(8)(c)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5 Words in Sch. 6 para. 3(6) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(8)(c)(v) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C1 Sch. 6 para. 3(3): power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(1)(2)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Commencement Information

I1 Sch. 6 para. 3 wholly in force at 1.10.1991 see s. 28(2) and S.I. 1991/2187, art. 3, Sch.