The Water Environment (Controlled Activities) (Scotland) Regulations 2011
Draft 2011, ISBN 9780111012963
Draft Regulations laid before the Scottish Parliament under section 36(6) of the Water Environment and Water Services (Scotland) Act 2003, for approval by resolution of the Scottish Parliament.
These draft Regulations supersede those laid in the Scottish Parliament on 2nd February 2011.
Environmental Protection
Water
Made 2011
Coming into force 31st March 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20, 36(2) and (3) of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003f1 (“the Act”) and section 2(2) of the European Communities Act 1972f2 and of all other powers enabling them to do so.
In accordance with subsection (1) of section 21 of the Act, they have consulted with the persons specified in that subsection.
In accordance with subsection (2) of that section, they have published a draft of the proposed general binding rules and have had regard to the representations received about the proposed rules in accordance with subsection (4) of that section.
The Scottish Ministers have complied with the other requirements of section 21 of the Act.
In accordance with section 36(6) of the Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
-
2003 asp 3; amended by section 66 and para 6 of Schedule 2 to the Anti Social Behaviour etc. (Scotland) Act 2004 (asp 8).
- f2
-
1972 c.68;. paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).
Contents
- Part I: General
- 1Citation and commencement
- 2Interpretation
- 3Application of the Regulations
- 4Prohibition
- 5Duty to use water efficiently
- Part II: Authorisations
- 6General binding rules
- 7Registration
- 8Water use licence
- 9Groundwater Directive
- 10Power of SEPA to impose authorisation
- Part III: Applications and Application Procedure
- 11Form and content of applications for authorisation
- 12Consultation with public authorities
- 13Advertisement of application
- 14Further information etc.
- 15Determination of application
- 16Consideration of third party representations
- 17Time limits for determining applications
- 18Accelerated determination of applications, variations and suspensions
- 19Directions to SEPA regarding accelerated applications, variations and suspensions
- 20Determinations of applications by the Scottish Ministers
- Part IV: Modification and termination of authorisations
- 21Review of authorisations
- 22Variation of authorisation
- 23Procedure for variation
- 24Request for variation
- 25Transfer of authorisation
- 26Conditions of transferred authorisations
- 27Surrender of authorisation
- 28Determination of application for surrender
- 29Suspension and revocation of authorisation
- 30Consolidated authorisations
- Part V: Enforcement and other powers
- 31Powers and duty to monitor, enforce etc.
- 32Enforcement notices
- 33Power of SEPA to carry out works
- 34Enforcement notices — rights of entry, compensation etc.
- 35Enforcement by the courts
- Part VI: Information and Register
- 36Power of the Scottish Ministers and SEPA to obtain information
- 37Public register of information
- 38Confidential information
- 39Application for determination of commercial confidentiality
- 40Procedure relating to information which might be confidential
- 41Review of determination of commercial confidentiality
- 42Effect of determination
- 43Directions to SEPA concerning confidential information
- Part VII: Offences
- 44Offences
- 45Offences by bodies corporate
- 46Offences — acts or default of third person
- 47Admissibility of evidence
- 48Defence to principal offences
- 49Power of court to order offence to be remedied
- Part VIII: Appeals
- 50Appeals to the Scottish Ministers
- 51Determination of appeals
- 52Effect of notices etc. during consideration of appeal
- 53Appeals – miscellaneous
- Part IX: General
- 54Application to the Crown
- 55Application to SEPA
- 56Guidance to SEPA
- 57Notices
- 58Revocations, transitional and savings provisions, and amendments
- Signature
- Schedule 1: Indicative list of the main pollutants
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 2: Hazardous Substances
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3: General binding rules
- 1Part 1
- 2Part 2
- Schedule 4: Relevant legislation
- 1Part 1
- 2Part 2
- Schedule 5: Charging Scheme
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 6: Enforcement and other powers
- Part 1: Powers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part 2: Procedures etc.
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Part 3: Issue of warrants
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Part 4: Evidence
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Part 5: Compensation
- 32Paragraph 32
- Schedule 7: Compensation for grant of rights
- 1Interpretation
- 2Period for making an application
- 3Form of application
- 4Loss and damage for which compensation payable
- 5Basis on which compensation assessed
- 6Payment of compensation and determination of disputes
- Schedule 8: Register
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 9: Procedures in connection with appeals to the Scottish Ministers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Hearing procedure
- 11Hearing procedure
- 12Hearing procedure
- 13Hearing procedure
- 14Hearing procedure
- 15Hearing procedure
- 16Hearing procedure
- 17Hearing procedure
- 18Hearing procedure
- 19Hearing procedure
- 20Procedure for written representations
- 21Procedure for written representations
- 22Procedure for written representations
- 23Procedure for written representations
- 24Procedure for written representations
- 25Procedure for written representations
- 26Determination and publication of appeal
- 27Determination and publication of appeal
- Schedule 10: Transitional and Savings Provisions
- Part 1: Water Environment
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 2: Pollution Control
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule 11: Amendments
- 1Amendments to the Town and Country Planning (Scotland) Act 1997
- 2Amendments to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
- 3Amendment to the Environmental Impact Assessment (Scotland) Regulations 1999
- 4Amendment to the Environmental Impact Assessment (Scotland) Regulations 1999
- 5Savings Provision
- Explanatory note