http://www.legislation.gov.uk/ssi/2011/209/regulation/15The Water Environment (Controlled Activities) (Scotland) Regulations 2011texttext/xmlenStatute Law DatabaseENVIRONMENTAL PROTECTIONWATER2024-06-19Expert Participation2023-01-01These Regulations are made under section 20 of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 (asp 3) (“the Act”). The Act transposed European Parliament and Council Directive 2000/60/EEC establishing a framework for Community action in the field of water policy (O.J. No. L 327, 22.12.2000, p.1) (“the Directive”). These Regulations provide the mechanism by which most of the measures required under Article 11(3) (other than those required by Article 11(3)(b)) of the Directive will be taken. They also make provision to meet the requirements of Article 23 of the Directive in respect of those measures. Regard has been had to the requirements of Article 4, and to the terms of Article 14.1 of the Directive. They also implement, in part, Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances (O.J. L 20, 26.1.80, p.43) (“the Groundwater Directive 1980”) and Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (O.J. L 372, 27.12.2006, p.19) (“the Groundwater Directive 2006”) and Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy (O.J. L 348, 24.12.2008, p.84).The Water Environment (Controlled Activities) (Scotland) Regulations 2011PART IIIApplications and Application ProcedureDetermination of application151Before determining an application SEPA must—aassess the risk to the water environment posed by the carrying on of the activity referred to in the application;bif the application is in respect of an activity that it considers has or is likely to have a significant adverse impact on the water environment—iassess the indirect effects of that impact on any other aspects of the environment likely to be significantly affected;iiconsider any likely adverse social and economic effects of that impact and of any indirect environmental effects identified in accordance with sub-paragraph (i); andiiiconsider the likely environmental, social and economic benefits of the activity;cassess the impact of the controlled activity on the interests of other users of the water environment;dassess what steps may be taken to ensure efficient and sustainable water use;eapply the requirements of the legislation referred to in Part 1 of Schedule 4, including, in particular, the provisions of Article 4 of the Water Framework Directive and Article 6 of the Groundwater Directive ...; andfhave regard to the provisions of the legislation referred to in Part 2 of Schedule 4.2If an application is in respect of the carrying on of more than one controlled activity, SEPA may grant or refuse to grant it in relation to any one or more of those activities.3Subject to regulation 16, SEPA must consider an application and must either grant or refuse to grant an authorisation to carry on the activity, or, as the case may be, each of the activities referred to in that application, and shall notify the applicant of its decision.4If SEPA refuses to grant an application (in whole or in part) it must, when notifying the applicant of that refusal, give its reasons for doing so.5If SEPA decides to grant an authorisation, it must, having considered the matters referred to in paragraph (1), grant it in the form of an authorisation under either—aregulation 7; orbregulation 8.6If SEPA determines an application in respect of a controlled activity that SEPA considers likely to have a significant adverse impact on the water environment, SEPA must make available to the public as soon as reasonably practicable—aits decision;bthe main reasons for it;cthe matters considered in making it; anddif the application is granted, details of any conditions imposed under regulation 8(2).Words in reg. 15(6) inserted (1.1.2018) by The Water Environment (Miscellaneous) (Scotland) Regulations 2017 (S.S.I. 2017/389), regs. 1, 5(a)Reg. 15(6)(d) substituted (1.1.2018) by The Water Environment (Miscellaneous) (Scotland) Regulations 2017 (S.S.I. 2017/389), regs. 1, 5(b)Words in reg. 15(1)(e) substituted (14.9.2015) by The Water Environment (River Basin Management Planning etc.) (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/211), regs. 1(2), 5(b)(i)Word in reg. 15(1)(e) omitted (14.9.2015) by virtue of The Water Environment (River Basin Management Planning etc.) (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/211), regs. 1(2), 5(b)(ii)
