Water Framework Directive compliance for businesses
- 4 steps
Scottish Statutory Instrument
2011
Scotland
The Water Environment (Controlled Activities) (Scotland) Regulations 2011
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2 practical guides · 1 journey
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Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
2 guidesWhat this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 120 other Schedules — structural / supplementary
Organohalogen compounds and substances which may form such compounds in...
Materials in suspension.
Substances which contribute to eutrophication (in particular, nitrates and phosphates)....
Substances which have an unfavourable influence on the oxygen balance...
Organophosphorous compounds.
Organotin compounds.
Substances and preparations, or the breakdown products of such, which...
Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.
Cyanides.
Metals and their compounds.
Arsenic and its compounds.
Biocides and plant protection products.
SEPA must identify— (a) substances or groups of substances which...
In identifying the substances referred to in paragraph 1, SEPA...
SEPA must publish and maintain a list of the substances...
The list must be published in a manner SEPA considers...
In the case of an authorisation under these Regulations, SEPA...
Before submitting a proposed charging scheme to the Scottish Ministers...
If any proposed charging scheme is submitted to the Scottish...
It is the duty of SEPA to take such steps...
Charges may be made in respect of:
A charging scheme may impose: (a) a single charge in...
A charging scheme may provide for charges as are reasonable...
A charging scheme: (a) must specify, in relation to any...
In making a charging scheme SEPA must secure that the...
Without prejudice to paragraph 5(b), if it appears to SEPA...
A charging scheme may: (a) make different provision for different...
SEPA must not make a charging scheme unless the provisions...
To enter at any reasonable time (or, in an emergency,...
To take such steps as may be necessary in order...
In the case of any article or substance found in...
In the case of any such article or substance as...
(1) Subject to sub paragraph (2), to require any person...
To require the production of, or if the information is...
To require any person to afford such facilities and assistance...
To carry out borings or other works on any premises...
Any person authorised by SEPA under regulation 31(4) must produce...
Except in an emergency, in any case where it is...
Except in an emergency, if an authorised person proposes to...
On entering any premises by virtue of paragraph 1, to...
If an authorised person proposes to exercise the power conferred...
Before exercising the power conferred by paragraph 11 in the...
No answer given by a person in pursuance of a...
Nothing in this schedule will be taken to compel the...
A person who enters any premises in the exercise of...
If a sheriff or justice of the peace is satisfied...
The conditions mentioned in paragraph 25 are—
In a case where paragraph 25 applies, a justice of...
Every warrant under this Schedule will continue in force until...
In any legal proceedings it will be presumed until the...
To examine and investigate as may in the circumstances be...
Subject to paragraph 22, information obtained in consequence of the...
Without prejudice to the generality of paragraph 30, information obtained...
(1) SEPA must compensate any person who has sustained loss...
As regards any premises which that person has power to...
To take such measurements and photographs and make such recordings...
To obtain and to take samples, or cause samples to...
To monitor— (a) the water environment or any part of...
To take steps for the measurement and recording of precipitation....
To install and maintain gauges, or other apparatus and works...
Interpretation
Period for making an application
Form of application
Loss and damage for which compensation payable
Basis on which compensation assessed
Payment of compensation and determination of disputes
The register maintained by SEPA under regulation 37 must contain...
If an application is withdrawn by the applicant at any...
Nothing in paragraph 1 will require SEPA to keep in...
Paragraph 3(a) does not apply to any aggregated monitoring data...
A person who wishes to appeal to the Scottish Ministers...
Hearing procedure
A hearing held under paragraph 10 may, if the appointed...
If the Scottish Ministers cause a hearing to be held...
In the case of a hearing which is to be...
The Scottish Ministers may vary the date fixed for the...
The Scottish Ministers may also vary the time or place...
The persons entitled to be heard at any hearing are...
Nothing in paragraph 16 prevents the appointed person from permitting...
After the conclusion of a hearing, the appointed person must...
Subsections (3) to (8) of section 210 of the Local...
The documents mentioned in paragraph 1 are—
Procedure for written representations
The appellant must make any further representations by way of...
Any representations made by the appellant or SEPA must bear...
When SEPA or the appellant submits any representations to the...
The Scottish Ministers must send to the appellant and SEPA...
The Scottish Ministers may in a particular case—
Determination and publication of appeal
The Scottish Ministers must at the same time send a...
An appellant may withdraw an appeal by notifying the Scottish...
Subject to paragraph 5, notice of appeal in accordance with...
The Scottish Ministers may in a particular case allow notice...
Subject to paragraph 9, SEPA must, within 14 days of...
A notice under paragraph 6 must— (a) state that the...
SEPA must, within 14 days of sending a notice under...
In the event of an appeal being withdrawn, SEPA must...
If on 31st March 2011 an authorisation under regulation 8...
When carrying out a review in accordance with paragraph 9,...
The review required under paragraph 9, and the steps required...
Where an application for a relevant authorisation in respect of...
SEPA must, when considering an application referred to in paragraph...
If an application is granted in accordance with paragraph 13,...
If, on or after 31st March 2011, an application for...
SEPA must, when considering an application referred to in paragraph...
If an application is granted in accordance with paragraph 16,...
In this Part— (a) “authorised activity” means an activity referred...
For the avoidance of doubt, paragraph 1 applies to any...
If on or before 31st March 2011 a person—
Notwithstanding the revocation of the 2005 Regulations by regulation 58,...
If an authorisation is granted in respect of an application...
Notwithstanding the revocation of the 2005 Regulations by regulation 58—...
If on 31st March 2011 a relevant authorisation is in...
The relevant authorisation referred to in paragraph 7 will be...
SEPA must, insofar as it has not done so under...
Amendments to the Town and Country Planning (Scotland) Act 1997
Amendments to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
Amendment to the Environmental Impact Assessment (Scotland) Regulations 1999
In column 2 of the table referred to in paragraph...
Savings Provision
Browse 60 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation
Application of the Regulations
Prohibition
Duty to use water efficiently
General binding rules
Registration
Water use licence
Groundwater Directive
Power of SEPA to impose authorisation
Form and content of applications for authorisation
Consultation with public authorities
Advertisement of application
Further information etc.
Determination of application
Consideration of third party representations
Time limits for determining applications
Accelerated determination of applications, variations and suspensions
Directions to SEPA regarding accelerated applications, variations and suspensions
Determinations of applications by the Scottish Ministers
Review of authorisations
Variation of authorisation
Procedure for variation
Request for variation
Transfer of authorisation
Conditions of transferred authorisations
Surrender of authorisation
Determination of application for surrender
Suspension and revocation of authorisation
Consolidated authorisations
Powers and duty to monitor, enforce etc.
Enforcement notices
Power of SEPA to carry out works
Enforcement notices — rights of entry, compensation etc.
Enforcement by the courts
Power of the Scottish Ministers and SEPA to obtain information
Public register of information
Confidential information
Application for determination of commercial confidentiality
Procedure relating to information which might be confidential
Review of determination of commercial confidentiality
Effect of determination
Directions to SEPA concerning confidential information
Offences
Offences by bodies corporate
Offences — acts or default of third person
Admissibility of evidence
Defence to principal offences
Power of court to order offence to be remedied
Appeals to the Scottish Ministers
Determination of appeals
Effect of notices etc. during consideration of appeal
Appeals – miscellaneous
Application to the Crown
Application to SEPA
Guidance to SEPA
Notices
Revocations, transitional and savings provisions, and amendments
SEPA must take any equipment (including, in particular, storage containers...
In paragraph (1)— (a) “ EEA Standard” means—
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Scottish Environment Protection Agency
Scotland's principal environmental regulator. Protects and improves Scotland's environment. Issues environmental permits for waste, emissions, water abstraction, and radioactive substances. Enforces environmental …
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