The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013

Type Scottish-Statutory-Instrument
Publication 2013-05-28
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
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Made: 28th May 2013

Laid before the Scottish Parliament: 30th May 2013

Coming into force: 1st July 2013

In accordance with section 21(4), they have had regard to the representations received.

Citation and commencement

1

These Regulations may be cited as the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013 and come into force on 1st July 2013.

Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2011

2

(1) If SEPA receives an application it may, if it considers that the controlled activity has or is likely to have a significant adverse impact on the water environment or the interests of other users of the water environment— (a) publish such details of the application as it considers appropriate on its website; and (b) require the application to be advertised in accordance with this regulation.

; and

(5) SEPA must consider all written representations made in connection with an application advertised under this regulation which are received— (a) on or after the date on which the application is received by SEPA; and (b) before the expiry of the period of 28 days beginning with the date of the advertisement.

  • “buffer zone” means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the water environment;

SCHEDULE

Signed

PAUL WHEELHOUSE — Authorised to sign by the Scottish Ministers — 28th May 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (“the principal Regulations”).

Regulation 2(3)(a) amends regulation 13(1) of the principal Regulations to require SEPA to publish details of any application for an authorisation to carry on an activity that it considers is likely to have a significant adverse impact on the water environment or the interests of its users.

Regulation 2(3)(b) amends regulation 13(5) of the principal Regulations to require SEPA to also consider any written representation made in connection with an application advertised under regulation 13 which is received on or after the date on which it received the application (and before the expiry of the period of 28 days beginning with the date of the advertisement).

Regulation 2(4)(a) substitutes a new table for the table in Part 1 of Schedule 3 (general binding rules) to the principal Regulations. Column 1 of the new table specifies activities that are authorised under the principal Regulations if they are carried out in accordance with the corresponding rules in column 2. The new table contains the following changes—

Regulation 2(4)(b) defines “buffer zone” for the purposes of the rules in Schedule 3 to the principal Regulations; and regulation 2(2) corrects a reference to the Marine (Scotland) Act 2010.

Footnotes

[^f00001]: 2003 asp 3. Section 20 was amended by regulation 3 of S.S.I. 2005/348. Other amendments are not relevant.

[^f00002]: S.S.I. 2011/209.

[^f00003]: S.I. 1989/1263; relevant amending instruments are S.I. 1990/880, S.I. 1996/973 and S.S.I. 2000/62.

[^f00004]: 1990 c. 43; section 35 has been relevantly amended by section 120 of, and paragraph 66 of Schedule 22 to, the Environment Act 1995 (c. 25), S.S.I. 2000/323 and S.S.I. 2011/226. For a definition of ‘waste’ see section 75 of the Environmental Protection Act 1990 (c. 43) as amended by section 120 of, and paragraph 88 of Schedule 22 to, the Environment Act 1995 and S.S.I. 2011/226.

[^f00005]: S.S.I. 2011/228 as amended by S.I. 2011/1043 and S.S.I. 2012/148 and 360.

[^f00006]: S.S.I. 2003/531, as amended by S.S.I. 2006/133 and S.S.I. 2008/54.

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