The Water Environment (Controlled Activities) (Scotland) Regulations 2005
| Jurisdiction | Scotland |
| Citation | SSI 2005/348 |
| Year | 2005 |
(1) These Regulations may be cited as the Water Environment (Controlled Activities) (Scotland) Regulations 2005.(2) Subject to paragraphs (3) and (4) these Regulations shall come into force on 1st April 2006.(3) Regulation 54 shall come into force for the purposes of paragraphs 7 and 8 of Schedule 10 only, on 1st July 2005.(4) Regulation 54 for all other purposes, and the remainder of Schedule 10, shall come into force on 1st October 2005.(1) In these Regulations–
- “the Act” means the Water Environment and Water Services (Scotland) Act 2003;
- “an application” means an application made in accordance with regulation 12;
- “authorisation” means an authorisation granted under regulation 7, 8 or 9;
- “controlled activity” is any activity referred to in regulation 4(1) ;
- “the Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy as amended;
- “the Groundwater Directive” means Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances;
- “general binding rules” has the meaning given in regulation 7;
- “land” includes land covered by water, and any works, plant or fixed machinery, building or other structure in, on or over land;
- “operator” means, in relation to a controlled activity, any person who carries on or has control over the carrying on of that activity;
- “person” includes a body corporate, limited liability partnership and Scottish partnership;
- “pollutant” means any substance or heat liable to cause pollution, including those listed in Schedule 1, and for the purposes of this definition “substance” includes bacteria and other pathogens;
- “premises” includes any land, vehicle, vessel or mobile plant;
- “the register” means the register maintained by SEPA under regulation 33;
- “registration” means an authorisation granted under regulation 8;
- “responsible person” means the person who is responsible for securing compliance with the terms of a water use licence and has been identified as such by SEPA in accordance with regulation 9(6) , and for the purposes of these Regulations includes–
- (a) where the responsible person has been adjudged bankrupt or the estate of the responsible person is sequestrated, the trustee in bankruptcy;
- (b) where an executor has been appointed to the responsible person’s estate, the executor;
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(c) where the responsible person is a company, and–
- (i) a receiver has been appointed, the receiver;
- (ii) an administrator has been appointed, the administrator;
- (iii) a liquidator has been appointed, the liquidator;
- “SEPA” means the Scottish Environment Protection Agency; and
- “water use licence” means an authorisation granted under regulation 9.
- (b) abstraction of water from the water environment,
- (c) construction, alteration or operation of impounding works in surface water or wetlands,
- (d) carrying out building or engineering works, or...
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