The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (revoked)

1Citation and commencement

2Interpretation

3Amendment of the Act – controlled activities

4Application of the Regulations

6Duty to use water efficiently

PART IIAuthorisations

7General Binding Rules

9Water Use Licence

10Groundwater Directive

11Power of SEPA to impose authorisation

PART IIIApplications and Application Procedure

12Form and content of applications for authorisation

13Advertisement of application

14Further information etc.

15Determination of application

16Time-limits for determining applications

17Determinations of applications by the Scottish Ministers

PART IVModification and termination of authorisations

18Review of authorisations

19Variation of authorisation

20Procedure for variation

21Request for variation

22Transfer of authorisation

23Conditions of transferred authorisations

24Surrender of authorisation

25Determination of application for surrender

26Suspension and revocation of authorisation

PART VEnforcement and other powers

27Powers and duty to monitor, enforce etc.

28Enforcement notices

29Power of SEPA to carry out works

30Enforcement notices – rights of entry, compensation etc.

31Enforcement by the courts

PART VIInformation and Register

32Power of the Scottish Ministers and SEPA to obtain information

33Public register of information

34Confidential information

35Application for determination of commercial confidentiality

36Procedure relating to information which might be confidential

37Review of determination of commercial confidentiality

38Effect of determination

39Directions to SEPA concerning confidential information

PART VIIOffences

41Offences by bodies corporate

42Offences – acts or default of third person

43Admissibility of evidence

44Defence to principal offences

45Power of court to order offence to be remedied

PART VIIIAppeals

46Appeals to the Scottish Ministers

47Determination of Appeals

48Effect of notices etc. during consideration of appeal

49Appeals – miscellaneous

50Application to the Crown

51Application to SEPA

52Guidance to SEPA

54Transitional, savings and supplemental provisions

SCHEDULE 1Indicative list of the main pollutants

1Organohalogen compounds and substances which may form such compounds in...

2Organophosphorous compounds.

3Organotin compounds.

4Substances and preparations, or the breakdown products of such, which...

5Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

7Metals and their compounds.

8Arsenic and its compounds.

9Biocides and plant protection products.

10Materials in suspension.

11Substances which contribute to eutrophication (in particular, nitrates and phosphates)....

12Substances which have an unfavourable influence on the oxygen balance...

SCHEDULE 2Substances referred to in regulations 4(1)(b) and 28(1)(b)(iii)

1Subject to paragraph 2, a substance is listed in this...

2A substance is not listed in this Schedule if it...

3SEPA shall publish any determination it makes under paragraph 2...

SCHEDULE 3General Binding Rules

SCHEDULE 5Charging Scheme

1In the case of an authorisation under these Regulations, SEPA...

2Charges may be made in respect of:

3A charging scheme may impose: (a) a single charge in...

4A charging scheme may make such provision for charges as...

5A charging scheme: (a) shall specify, in relation to any...

6In making a charging scheme SEPA shall secure that the...

7Without prejudice to paragraph 5(b), if it appears to SEPA...

8A charging scheme may: (a) make different provision for different...

9SEPA shall not make a charging scheme unless the provisions...

10Before submitting a proposed charging scheme to the Scottish Ministers...

11Where any proposed charging scheme has been submitted to the...

12It shall be the duty of SEPA to take such...

1To enter at any reasonable time (or, in an emergency,...

2On entering any premises by virtue of paragraph 1, to...

3To make such examination and investigation as may in the...

4As regards any premises which that person has power to...

5To take such measurements and photographs and make such recordings...

6To obtain and to take samples, or cause samples to...

7To monitor– (a) the water environment or any part of...

8To take steps for the measurement and recording of precipitation....

9To install and maintain gauges, or other apparatus and works...

10To take such steps as may be necessary in order...

11In the case of any article or substance found in...

12In the case of any such article or substance as...

13(1) Subject to sub paragraph (2), to require any person...

14To require the production of, or where the information is...

15To require any person to afford such facilities and assistance...

16To carry out borings or other works on any premises...

PART 2Procedures etc.

17Any person authorised by SEPA under regulation 27(4) shall produce...

18Except in an emergency, in any case where it is...

19Except in an emergency, where an authorised person proposes to...

20Where an authorised person proposes to exercise the power conferred...

21Before exercising the power conferred by paragraph 11 in the...

22No answer given by a person in pursuance of a...

23Nothing in this schedule shall be taken to compel the...

24A person who enters any premises in the exercise of...

PART 3Issue of warrants

25If a sheriff or justice of the peace is satisfied...

26The conditions mentioned in paragraph 25 are–

27In a case where paragraph 25 applies, a justice of...

28Every warrant under this Schedule shall continue in force until...

29In any legal proceedings it shall be presumed until the...

30Subject to paragraph 22, information obtained in consequence of the...

31Without prejudice to the generality of paragraph 30, information obtained...

PART 5Compensation

32(1) SEPA must compensate any person who has sustained loss...

SCHEDULE 7Compensation for Grant of Rights

1Interpretation

2Period for making an application

3Form of application

4Loss and damage for which compensation payable

5Basis on which compensation assessed

6Payment of compensation and determination of disputes

SCHEDULE 8Register

1The register maintained by SEPA under regulation 33 shall contain...

2Where an application is withdrawn by the applicant at any...

3Nothing in paragraph 1 shall require SEPA to keep in...

4Paragraph 3(a) shall not apply to any aggregated monitoring data...

SCHEDULE 9Procedures in connection with appeals to the Scottish Ministers

1A person who wishes to appeal to the Scottish Ministers...

2The documents mentioned in paragraph 1 are–

3An appellant may withdraw an appeal by notifying the Scottish...

4Subject to paragraph 5, notice of appeal in accordance with...

5The Scottish Ministers may in a particular case allow notice...

6Subject to paragraph 9, SEPA shall, within 14 days of...

7A notice under paragraph 6 shall– (a) state that the...

8SEPA shall, within 14 days of sending a notice under...

9In the event of an appeal being withdrawn, SEPA shall...

10Hearing procedure

11A hearing held under paragraph 10 may, if the appointed...

12Where the Scottish Ministers cause a hearing to be held...

13In the case of a hearing which is to be...

14The Scottish Ministers may vary the date fixed for the...

15The Scottish Ministers may also vary the time or place...

16The persons entitled to be heard at any hearing are...

17Nothing in paragraph 16 shall prevent the appointed person from...

18After the conclusion of a hearing, the appointed person shall...

19Subsections (3) to (8) of section 210 of the Local...

20Procedure for written representations

21The appellant shall make any further representations by way of...

22Any representations made by the appellant or SEPA shall bear...

23When SEPA or the appellant submits any representations to the...

24The Scottish Ministers shall send to the appellant and SEPA...

25The Scottish Ministers may in a particular case–

26Determination and publication of appeal

27The Scottish Ministers shall at the same time send–

SCHEDULE 10Transitional, Savings and Supplemental Provisions

PART 1Water Environment

1Where on or before 1st July 2005 a person–

2Subject to paragraph 3, the person referred to in paragraph...

3Paragraph 2 does not apply where the controlled activity concerned...

4Regulations 8 to 10, 12, 14, 15(2) to (5), 19...

5Subject to paragraph 6, an authorisation granted by SEPA in...

6Where– (a) SEPA has not determined an application made under...

7The person referred to in paragraph 1 may make an...

8The provisions of paragraphs 3 to 6 apply to an...

9Where a person– (a) holds a consent under section 34...

10The person referred to in paragraph 9 shall be deemed...

11– (a) Until SEPA has determined the application under paragraph...

12Regulations 8 to 10, 12, 14, 15(2) to (5), 19...

PART 2Pollution Control

13Where on 31st March 2006 a relevant authorisation is in...

14The relevant authorisations referred to in paragraph 13 shall, for...

15SEPA shall review all relevant authorisations referred to in paragraph...

16When carrying out a review in accordance with paragraph 15,...

17The review required under paragraph 15, and the steps required...

18Where, on or after 1st April 2006, an application for...

19SEPA shall, when considering an application referred to in paragraph...

20Where an application is granted in accordance with paragraph 19,...

21In this Part– (a) “authorised activity” means an activity referred...

PART 3Abstractions and Impoundments

22Where a person will be carrying out an activity on...

23The person referred to in paragraph 22 must make an...

24Regulations 8 to 10, 12, 14, 15(2) to (5), 19...

25Subject to paragraph 26, an authorisation granted by SEPA in...

26Where– (a) SEPA has not determined an application made under...

2005 No. 348

ENVIRONMENTAL PROTECTION

WATER

The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (revoked)F1

Made7th June 2005

Coming into force in accordance with regulation 1

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .