Paragraph 3 Existing water registrations

(1)

Subject to sub-paragraph (5) below and to paragraphs 4 and 5, an existing water registration which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) in relation to which there are applicable standard conditions has effect on or after the water sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).

(2)

In accordance with sub-paragraph (1)—

(a)

the deemed registration is subject to the applicable standard conditions for that regulated activity,

(b)

except in relation to an existing water registration for a private sewage activity, the person notified by SEPA of the grant of the existing water registration or, as appropriate, the person who was given a consent under section 34 of the Control of Pollution Act 1974^f1 or, as appropriate, the person who held an authorisation or applied for an authorisation under regulation 18 of the Groundwater Regulations 1998^f2 to which paragraph 9 of schedule 10 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005^f3 applied, will be treated as the authorised person in respect of the deemed registration.

(3)

Subject to paragraphs 4 and 5, an existing water registration which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) in relation to which there are no applicable standard conditions, has effect on or after the water sunset date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).

(4)

In accordance with sub-paragraph (3)—

(a)

any condition subject to which an existing water registration is granted has effect as if it were a condition attached to the deemed permit,

(b)

the person notified by SEPA of the grant of the existing water registration or, as appropriate, the person who was given a consent under section 34 of the Control of Pollution Act 1974 or, as appropriate, the person who held an authorisation or applied for an authorisation under regulation 18 of the Groundwater Regulations 1998 to which paragraph 9 of schedule 10 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 applied, will be treated as the authorised person in respect of the deemed permit,

(5)

Where the person referred to in sub-paragraph (2)(b) or, in relation to an existing water registration for a private sewage activity, the person deemed to be the authorised person by paragraph 4(2) of schedule 10 of the 2018 Regulations applies for a permit under the 2018 Regulations in relation to the activity authorised by that registration before the water sunset date—

(a)

the existing water registration has effect from the date on which the application is made as if it were a permit (“a deemed permit”) until the application is determined under the 2018 Regulations,

(b)

any condition subject to which the existing water registration is granted has effect as if it were a condition attached to the deemed permit,

(c)

the applicant is to be treated as the authorised person until the date on which the application is determined under the 2018 Regulations.

(6)

SEPA may not revoke a deemed permit or a deemed registration under this paragraph on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity before the date falling 6 months after the water sunset date.

Annotations

Footnotes

f1: 1974 c. 40. Section 34 was repealed by S.S.I. 2006/181, subject to savings specified in paragraph 4 of part III of schedule 1 of that instrument.
f2: S.I. 1998/2746, which was revoked by S.S.I. 2006/127.
f3: S.S.I. 2005/348 which was revoked by S.S.I. 2011/209.