Paragraph 5 Duties: generalF1

(1)

Before carrying out a function mentioned in sub-paragraph (2) in respect of a water activity, SEPA must—

(a)

if it considers that the activity has or is likely to have a significant adverse impact on the water environment F2or, where the functions relate to operation of a fish farm, any part of the water environment or the Scottish marine area—

(i)

assess the indirect effects of that impact on any other aspects of the environment likely to be significantly affected,

(ii)

consider any likely adverse social and economic effects of that impact and of any indirect environmental effects identified in accordance with sub-paragraph (i),

(iii)

consider the likely environmental, social and economic benefits of the activity,

(b)

assess the impact of the activity on the interests of other users of the water environment F3or, where the functions relate to operation of a fish farm, other users of any part of the water environment or the Scottish marine area,

(c)

have regard to other water activities being carried on or likely to be carried on in the area.

(2)

The functions mentioned are—

(a)

granting, or refusing to grant, a registration or a permit,

(b)

varying, or refusing to vary, a registration or a permit.

Annotations

Textual amendments

F1: Sch. 10 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 1 (with sch. 23)
F2: Words in sch. 10 para. 5(1)(a) inserted (26.3.2026) by The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 10(b)(i)
F3: Words in sch. 10 para. 5(1)(b) inserted (26.3.2026) by The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 10(b)(ii)