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PART 2Control of water abstraction

Role of Ministers

11Factors as to approval

(1)In deciding whether to approve a qualifying abstraction, the Scottish Ministers must have regard to—

(a)the applicant’s financial position,

(b)the proposed use of the water to be abstracted,

(c)any—

(i)economic, social or other benefit that may arise in Scotland (or an area within it) in consequence of the abstraction,

(ii)adverse impact of any kind that may arise in Scotland (or an area within it) in consequence of the abstraction,

(d)any relevant advice given under section 14(3) or (4),

(e)such additional factors as they consider to be relevant.

(2)If the Scottish Ministers do not approve a qualifying abstraction, they must give the applicant their reasons.