The Environmental Authorisations (Scotland) Regulations 2018

JurisdictionScotland
  • These Regulations may be cited as the Environmental Authorisations (Scotland) Regulations 2018 and come into force on 1st September 2018.
  • (1) In these Regulations—
    • authorise”, in relation to regulated activities, means authorise the carrying on of the activities in accordance with a permit, subject to registration, subject to notification or subject to compliance with general binding rules; and related expressions are to be construed accordingly;
    • authorised person” has the meaning given in regulation 5;
    • authorised place” means the place at which a regulated activity is authorised, and may be a geographical area;
    • charging scheme” means a charging scheme made in accordance with section 41 of the Environment Act 1995 ;
    • consolidated authorisation” has the meaning given in regulation 64(2) ;
    • electronic communication” has the same meaning as given in section 15(1) of the Electronic Communications Act 2000 ;
    • enforcing officer” means a person authorised under section 108 of the Environment Act 1995 and includes a person designated under paragraph 2 of schedule 18 of that Act;
    • fit and proper person” means a person SEPA considers to be a fit and proper person having regard to guidance published under regulation 66(1) (e) ;
    • general binding rules” has the meaning given in regulation 10;
    • “inland water” has the same meaning given in section 3(6) of the Water Environment and Water Services (Scotland) Act 2003
    • ;
    • non-consolidated authorisation” means, as appropriate, a permit or registration which is to be replaced or has been replaced with a consolidated permit or registration in accordance with regulation 64;
    • off-site condition” means—
      • (a) a condition to which a permit is subject; or
      • (b) a step specified in a notice issued under these Regulations,
      which requires a person to carry out works or do other things in relation to land outwith the ownership or control of that person;
    • owner” means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive the rents of the land, or who would if the land were let be entitled to receive the rents, and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the person to whom management of the land is entrusted;
    • provision” means, in relation to a registration or permit, anything specified in a registration or permit, including as a requirement of regulations 17 and 22, which is not a condition or standard condition;
    • publish” means publish on SEPA's website, unless otherwise indicated;
    • radioactive substances activity” has the meaning given in regulation 4 and schedule 8;
    • register” means the register maintained by SEPA under regulation 38;
    • regulated activity” has the meaning given in regulation 3;
    • regulatory notice” has the meaning given in regulation 46;
    • relevant function” means a function of SEPA under these Regulations;
    • F63retained EU law” has the same meaning as in section 6(7) of the European Union (Withdrawal) Act 2018 ,
    • revocation notice” has the...

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