The Environmental Authorisations (Scotland) Regulations 2018

3.—(1) Before imposing an off-site condition, SEPA must (so far as is reasonably practicable) give notice under this paragraph to every person appearing to SEPA to be a person to whom sub-paragraph (3) applies.

(2) The notice must—

(a) describe the proposed off-site condition;

(b) describe the nature of the works or actions which the authorised person under the permit may be required to carry out or complete to comply with the off-site condition; and

(c) state the representation period in relation to the condition, and the manner in which representations are to be made.

(3) This sub-paragraph applies to a person where—

(a) that person is the owner, tenant or occupier of land or property affected by the off-site condition; and

(b) rights will have to be granted by that person to the authorised person to enable the authorised person to comply with the proposed off-site condition.

(4) A person notified in accordance with this paragraph may make representations to SEPA regarding the off-site condition during the period of 28 days beginning with the date on which notice is given (“the representation period”).

(5) SEPA must consider any representations made within the representation period before imposing an off-site condition.

(6) Sub-paragraphs (4) and (5) do not apply where SEPA intends to issue a regulatory notice in circumstances where it considers that there is an imminent risk of environmental harm.