Scottish Statutory Instrument SI 2011 Scotland

Water Environment (Controlled Activities) (Scotland) Regulations 2011

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Read it on legislation.gov.uk (opens in a new tab)
Enforced by
SEPA
Status
Amended (in force with amendments)
Penalty ceiling
Regulated 1 of 3 obligations carry a criminal penalty. 2 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person2

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General

1 of 5 sections shown
s.005 Duty to use water efficiently Regulated
  • Use water efficiently and avoid wastageAny Person
4 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.003 Application of the Regulations
s.004 Prohibition
Part 2

Authorisations

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.006 General binding rules
s.007 Registration
s.008 Water use licence
s.009 Groundwater Directive
s.010 Power of SEPA to impose authorisation
Part 3

Applications and Application Procedure

0 of 10 sections shown
10 other sections in this Part — procedural and definitional
s.011 Form and content of applications for authorisation
s.012 Consultation with public authorities
s.013 Advertisement of application
s.014 Further information etc.
s.015 Determination of application
s.016 Consideration of third party representations
s.017 Time limits for determining applications
s.018 Accelerated determination of applications, variations and suspensions
s.019 Directions to SEPA regarding accelerated applications, variations and suspensions
s.020 Determinations of applications by the Scottish Ministers
Part 4

Modification and termination of authorisations

0 of 10 sections shown
10 other sections in this Part — procedural and definitional
s.021 Review of authorisations
s.022 Variation of authorisation
s.023 Procedure for variation
s.024 Request for variation
s.025 Transfer of authorisation
s.026 Conditions of transferred authorisations
s.027 Surrender of authorisation
s.028 Determination of application for surrender
s.029 Suspension and revocation of authorisation
s.030 Consolidated authorisations
Part 5

Enforcement and other powers

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.031 Powers and duty to monitor, enforce etc.
s.032 Enforcement notices
s.033 Power of SEPA to carry out works
s.034 Enforcement notices — rights of entry, compensation etc.
s.035 Enforcement by the courts
Part 6

Information and Register

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.036 Power of the Scottish Ministers and SEPA to obtain information
s.037 Public register of information
s.038 Confidential information
s.039 Application for determination of commercial confidentiality
s.040 Procedure relating to information which might be confidential
s.041 Review of determination of commercial confidentiality
s.042 Effect of determination
s.043 Directions to SEPA concerning confidential information
Part 7

Offences

1 of 6 sections shown
s.046 Offences — acts or default of third person Regulated
  • Cause another person to breach water environment regulationsAny Person
5 other sections in this Part — procedural and definitional
s.044 Offences
s.045 Offences by bodies corporate
s.047 Admissibility of evidence
s.048 Defence to principal offences
s.049 Power of court to order offence to be remedied
Part 8

Appeals

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.050 Appeals to the Scottish Ministers
s.051 Determination of appeals
s.052 Effect of notices etc. during consideration of appeal
s.053 Appeals – miscellaneous
Part 9

General

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.054 Application to the Crown
s.055 Application to SEPA
s.056 Guidance to SEPA
s.057 Notices
s.058 Revocations, transitional and savings provisions, and amendments
Schedules

Schedules

1 of 120 shown
s.sch005 It is the duty of SEPA to take such steps... Regulated
Other duties (1) — Crown / regulator
  • SEPA must take steps required under the charging schemeStatutory regulator
119 other schedules
s.sch001 Organohalogen compounds and substances which may form such compounds in...
s.sch001 Materials in suspension.
s.sch001 Substances which contribute to eutrophication (in particular, nitrates and phosphates)....
s.sch001 Substances which have an unfavourable influence on the oxygen balance...
s.sch001 Organophosphorous compounds.
s.sch001 Organotin compounds.
s.sch001 Substances and preparations, or the breakdown products of such, which...
s.sch001 Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.
s.sch001 Cyanides.
s.sch001 Metals and their compounds.
s.sch001 Arsenic and its compounds.
s.sch001 Biocides and plant protection products.
s.sch002 SEPA must identify— (a) substances or groups of substances which...
s.sch002 In identifying the substances referred to in paragraph 1, SEPA...
s.sch002 SEPA must publish and maintain a list of the substances...
s.sch002 The list must be published in a manner SEPA considers...
s.sch005 In the case of an authorisation under these Regulations, SEPA...
s.sch005 Before submitting a proposed charging scheme to the Scottish Ministers...
s.sch005 If any proposed charging scheme is submitted to the Scottish...
s.sch005 Charges may be made in respect of:
s.sch005 A charging scheme may impose: (a) a single charge in...
s.sch005 A charging scheme may provide for charges as are reasonable...
s.sch005 A charging scheme: (a) must specify, in relation to any...
s.sch005 In making a charging scheme SEPA must secure that the...
s.sch005 Without prejudice to paragraph 5(b), if it appears to SEPA...
s.sch005 A charging scheme may: (a) make different provision for different...
s.sch005 SEPA must not make a charging scheme unless the provisions...
s.sch006 To enter at any reasonable time (or, in an emergency,...
s.sch006 To take such steps as may be necessary in order...
s.sch006 In the case of any article or substance found in...
s.sch006 In the case of any such article or substance as...
s.sch006 (1) Subject to sub paragraph (2), to require any person...
s.sch006 To require the production of, or if the information is...
s.sch006 To require any person to afford such facilities and assistance...
s.sch006 To carry out borings or other works on any premises...
s.sch006 Any person authorised by SEPA under regulation 31(4) must produce...
s.sch006 Except in an emergency, in any case where it is...
s.sch006 Except in an emergency, if an authorised person proposes to...
s.sch006 On entering any premises by virtue of paragraph 1, to...
s.sch006 If an authorised person proposes to exercise the power conferred...
s.sch006 Before exercising the power conferred by paragraph 11 in the...
s.sch006 No answer given by a person in pursuance of a...
s.sch006 Nothing in this schedule will be taken to compel the...
s.sch006 A person who enters any premises in the exercise of...
s.sch006 If a sheriff or justice of the peace is satisfied...
s.sch006 The conditions mentioned in paragraph 25 are—
s.sch006 In a case where paragraph 25 applies, a justice of...
s.sch006 Every warrant under this Schedule will continue in force until...
s.sch006 In any legal proceedings it will be presumed until the...
s.sch006 To examine and investigate as may in the circumstances be...
s.sch006 Subject to paragraph 22, information obtained in consequence of the...
s.sch006 Without prejudice to the generality of paragraph 30, information obtained...
s.sch006 (1) SEPA must compensate any person who has sustained loss...
s.sch006 As regards any premises which that person has power to...
s.sch006 To take such measurements and photographs and make such recordings...
s.sch006 To obtain and to take samples, or cause samples to...
s.sch006 To monitor— (a) the water environment or any part of...
s.sch006 To take steps for the measurement and recording of precipitation....
s.sch006 To install and maintain gauges, or other apparatus and works...
s.sch007 Interpretation
s.sch007 Period for making an application
s.sch007 Form of application
s.sch007 Loss and damage for which compensation payable
s.sch007 Basis on which compensation assessed
s.sch007 Payment of compensation and determination of disputes
s.sch008 The register maintained by SEPA under regulation 37 must contain...
s.sch008 If an application is withdrawn by the applicant at any...
s.sch008 Nothing in paragraph 1 will require SEPA to keep in...
s.sch008 Paragraph 3(a) does not apply to any aggregated monitoring data...
s.sch009 A person who wishes to appeal to the Scottish Ministers...
s.sch009 Hearing procedure
s.sch009 A hearing held under paragraph 10 may, if the appointed...
s.sch009 If the Scottish Ministers cause a hearing to be held...
s.sch009 In the case of a hearing which is to be...
s.sch009 The Scottish Ministers may vary the date fixed for the...
s.sch009 The Scottish Ministers may also vary the time or place...
s.sch009 The persons entitled to be heard at any hearing are...
s.sch009 Nothing in paragraph 16 prevents the appointed person from permitting...
s.sch009 After the conclusion of a hearing, the appointed person must...
s.sch009 Subsections (3) to (8) of section 210 of the Local...
s.sch009 The documents mentioned in paragraph 1 are—
s.sch009 Procedure for written representations
s.sch009 The appellant must make any further representations by way of...
s.sch009 Any representations made by the appellant or SEPA must bear...
s.sch009 When SEPA or the appellant submits any representations to the...
s.sch009 The Scottish Ministers must send to the appellant and SEPA...
s.sch009 The Scottish Ministers may in a particular case—
s.sch009 Determination and publication of appeal
s.sch009 The Scottish Ministers must at the same time send a...
s.sch009 An appellant may withdraw an appeal by notifying the Scottish...
s.sch009 Subject to paragraph 5, notice of appeal in accordance with...
s.sch009 The Scottish Ministers may in a particular case allow notice...
s.sch009 Subject to paragraph 9, SEPA must, within 14 days of...
s.sch009 A notice under paragraph 6 must— (a) state that the...
s.sch009 SEPA must, within 14 days of sending a notice under...
s.sch009 In the event of an appeal being withdrawn, SEPA must...
s.sch010 If on 31st March 2011 an authorisation under regulation 8...
s.sch010 When carrying out a review in accordance with paragraph 9,...
s.sch010 The review required under paragraph 9, and the steps required...
s.sch010 Where an application for a relevant authorisation in respect of...
s.sch010 SEPA must, when considering an application referred to in paragraph...
s.sch010 If an application is granted in accordance with paragraph 13,...
s.sch010 If, on or after 31st March 2011, an application for...
s.sch010 SEPA must, when considering an application referred to in paragraph...
s.sch010 If an application is granted in accordance with paragraph 16,...
s.sch010 In this Part— (a) “authorised activity” means an activity referred...
s.sch010 For the avoidance of doubt, paragraph 1 applies to any...
s.sch010 If on or before 31st March 2011 a person—
s.sch010 Notwithstanding the revocation of the 2005 Regulations by regulation 58,...
s.sch010 If an authorisation is granted in respect of an application...
s.sch010 Notwithstanding the revocation of the 2005 Regulations by regulation 58—...
s.sch010 If on 31st March 2011 a relevant authorisation is in...
s.sch010 The relevant authorisation referred to in paragraph 7 will be...
s.sch010 SEPA must, insofar as it has not done so under...
s.sch011 Amendments to the Town and Country Planning (Scotland) Act 1997
s.sch011 Amendments to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
s.sch011 Amendment to the Environmental Impact Assessment (Scotland) Regulations 1999
s.sch011 In column 2 of the table referred to in paragraph...
s.sch011 Savings Provision
2 other provisions
s.part003 SEPA must take any equipment (including, in particular, storage containers...
s.part003 In paragraph (1)— (a) “ EEA Standard” means—

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.