The Water Environment (Controlled Activities) (Scotland) Regulations 2005
| Year | 2005 |
SCOTTISH STATUTORY INSTRUMENTS
2005 No. 348
ENVIRONMENTAL PROTECTION
WATER
The Water Environment (Controlled Activities) (Scotland)
Regulations 2005
Made - - - - 7th June 2005
Coming into force in accordance with regulation 1
ARRANGEMENT OF REGULATIONS
PART I
General
1. Citation and commencement
2. Interpretation
3. Amendment of the Act – controlled activities
4. Application of the Regulations
5. Prohibition
6. Duty to use water efficiently
PART II
Authorisations
7. General Binding Rules
8. Registration
9. Water Use Licence
11. Power of SEPA to impose authorisation
PART III
Applications and Application Procedure
12. Form and content of applications for authorisation
13. Advertisement of application
14. Further information etc.
15. Determination of application
16. Time-limits for determining applications
17. Determinations of applications by the Scottish Ministers
PART IV
Modification and termination of authorisations
2
18. Review of authorisations
19. Variation of authorisation
20. Procedure for variation
21. Request for variation
22. Transfer of authorisation
23. Conditions of transferred authorisations
24. Surrender of authorisation
25. Determination of application for surrender
26. Suspension and revocation of authorisation
PART V
Enforcement and other powers
27. Powers and duty to monitor, enforce etc.
28. Enforcement notices
29. Power of SEPA to carry out works
30. Enforcement notices - rights of entry, compensation
31. Enforcement by the courts
PART VI
Information and Register
32. Power of the Scottish Ministers and SEPA to obtain information
33. Public register of information
34. Confidential information
35. Application for determination of commercial confidentiality
36. Procedure relating to information which might be confidential
37. Review of determination of commercial confidentiality
38. Effect of determination
39. Directions to SEPA concerning confidential information
PART VII
Offences
40. Offences
41. Offences by bodies corporate
42. Offences – acts or default of third person
43. Admissibility of evidence
44. Defence to principal offences
45. Power of court to order offence to be remedied
PART VIII
Appeals
46. Appeals to the Scottish Ministers
47. Determination of Appeals
48. Effect of notices etc. during consideration of appeal
49. Appeals - miscellaneous
PART IX
General
50. Application to the Crown
51. Application to SEPA
52. Guidance to SEPA
3
53. Notices
54. Transitional, savings and supplemental provisions
SCHEDULE 1
Indicative list of the main pollutants
SCHEDULE 2
Substances referred to in regulation 4(1)(b)
SCHEDULE 3
General Binding Rules
PART 1
PART 2
SCHEDULE 4
PART 1
PART 2
SCHEDULE 5
Charging Scheme
SCHEDULE 6
PART 1
Powers
PART 2
Procedures etc.
PART 3
Issue of warrants
PART 4
Evidence
PART 5
Compensation
SCHEDULE 7
Compensation for Grant of Rights
1. Interpretation
2. Period for making an application
3. Form of application
4. Loss and damage for which compensation payable
5. Basis on which compensation assessed
6. Payment of compensation and determination of disputes
SCHEDULE 8
Register
SCHEDULE 9
Procedures in connection with appeals to the Scottish Ministers
1. Hearing procedure
2. Procedure for written representations
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