Regulation 35 Amendment of schedule 1 (registrations and permits: procedures)

In schedule 1(registrations and permits: procedures)—

(a)

before paragraph 1, insert—

“Pre-application community engagement

1A.

(1)

SEPA may require a person who intends to apply for a permit or a variation to an existing permit to consult with members of the public likely to be affected by the proposed activity or variation.

(2)

SEPA may require that person to take such steps as SEPA considers appropriate.”.

(b)

after paragraph 2(1)(b), before “and” insert—

“(ca)

any information relating to pre-application community engagement required by SEPA under paragraph 1A.”,

(c)

in paragraph 4—

(i)

renumber the existing provision as sub-paragraph (1),

(ii)

after sub-paragraph (1) as renumbered, insert—

“(2)

Where an application is modified by the applicant, any fee payable under a charging scheme for the modification of an application is payable by the applicant.”,

(d)

in paragraph 7(3)—

(i)

in head (b), for “has the potential”, substitute “is likely”,

(ii)

in head (c), at the end, insert, “having regard to the public participation statement”,

(e)

in paragraph 8—

(i)

after sub-paragraph (1)(d), insert—

“(e)

the times and places where, or the means by which, public consultees may access copies of the application, proposed SEPA initiated variation and any other relevant information required to be publicised.”,

(ii)

in sub-paragraph (2), omit “(a) or (b)”,

(iii)

in sub-paragraph (3), omit “further”,

(f)

in paragraph 12, omit sub-paragraphs (1)(c) and (2),

(g)

in paragraph 13, after sub-paragraph (2), insert—

“(3)

Where SEPA issues a SEPA initiated variation notice under regulation 25, any fee payable under a charging scheme for the variation is payable by the authorised person.”,

(h)

in paragraph 14(3), omit “on the date specified in the notice and”,

(i)

in paragraph 15—

(i)

for sub-paragraph (1)(a)(v), substitute—

“(v)

remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area,”,

(ii)

in sub-paragraph (1)(b)(i) and (ii), after “effect”, insert “in whole or in part”,

(iii)

in sub-paragraph (5)(b) for “applicant” substitute “authorised person”,

(j)

in paragraph 16—

(i)

for sub-paragraph (1)(a)(v), substitute—

“(v)

remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area,”,

(ii)

in sub-paragraph (1)(d)(i), for “or” substitute “and”,

(iii)

after sub-paragraph (2), insert—

“(3)

SEPA may impose an off-site condition in a revocation notice.”,

(k)

in paragraph 18(b), at the end, omit—

“,

in respect of which a third party representation has been made”,

(l)

after paragraph 19(1), insert—

“(1A)

The Scottish Ministers must consult SEPA before issuing a direction under sub-paragraph (1),”,

(m)

omit paragraphs 20 to 22,

(n)

in paragraph 24, omit the definition of “third party representation”,

(o)

after paragraph 24, insert—

“25.

(1)

This paragraph applies to a function of the Scottish Ministers in connection with a matter referred to them for determination in compliance of a direction made under paragraph 19(1).

(2)

Where this paragraph applies, the Scottish Ministers may—

(a)

appoint a person to exercise any such function on their behalf, with or without payment,

(b)

refer a matter to a person they may appoint for the purpose, with or without payment.”.