The Water Environment (Controlled Activities) (Scotland) Regulations 2011

JurisdictionScotland
CitationSSI 2011/209
Year2011
(1) These Regulations may be cited as the Water Environment (Controlled Activities) (Scotland) Regulations 2011.(2) These Regulations come into force on 31st March 2011.(1) In these Regulations, unless the context otherwise requires—
  • the Act” means the Water Environment and Water Services (Scotland) Act 2003;
  • an application” means an application made in accordance with regulation 11 or, if regulation 18(1) applies, an application made in accordance with regulation 18(4) ;
  • authorisation” means an authorisation under regulation 6, 7 or 8;
  • category 1 or 2 responder” means a person or body listed in Schedule 1 to the Civil Contingencies Act 2004 (category 1 and 2 responders) ;
  • “controlled activity” is any activity referred to in regulation 3(1) ;
  • F55“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy as last amended by Commission Directive 2014/101/EU;
  • ......
  • F56“the Groundwater Directive” means Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration as amended by Commission Directive 2014/80/EU;
  • general binding rules” has the meaning given in regulation 6;
  • hazardous substance” means a substance identified in accordance with Schedule 2;
  • land” includes land covered by water, and any works, plant or fixed machinery, building or other structure in, on or over land;
  • operator” means, in relation to a controlled activity, any person who carries on or has control over the carrying on of that activity;
  • person” includes a body corporate, limited liability partnership and Scottish partnership;
  • pollutant” means any substance or heat liable to cause pollution, including those listed in Schedule 1, and for the purposes of this definition “substance” includes bacteria and other pathogens;
  • premises” includes any land, vehicle, vessel or mobile plant;
  • F57“the Priority Substances Directive” means Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy as amended by Directive 2013/39/EU of the European Parliament and of the Council;
  • the register” means the register maintained by SEPA under regulation 37;
  • registration” means an authorisation granted under regulation 7;
  • responsible authority” has the meaning given to it by section 2 of the Act (the general duties) ;
  • responsible person” means the person who is responsible for securing compliance with the terms of a water use licence and has been identified as such by SEPA in accordance with regulation 8(6) , and includes—
    • (a) if the responsible person has been adjudged bankrupt or the estate of the responsible person is sequestrated, the trustee in bankruptcy;
    • (b) if an executor has been appointed to the responsible person's estate, the executor;
    • (c) if the responsible person is a company, and—
      • (i) a receiver has been appointed, the receiver;
      • (ii) an administrator has been appointed, the administrator;
      • (iii) a liquidator has been appointed, the liquidator;
  • SEPA” means the Scottish Environment Protection Agency; and
  • water use licence” means an authorisation granted under regulation 8.
(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 2000 (general interpretation) the Water Framework Directive is to be interpreted in accordance with Part 1 (the Directive) of schedule 5 (interpretation of Directives for the purposes of Part 1) of the Act,the Groundwater Directive is to be interpreted in accordance with Part 2 (the Groundwater Directive) of schedule 5 of the Act,the Priority Substances Directive is to be interpreted in accordance with Part 3 (the Priority Substances Directive) of schedule 5 of the Act.references to “the Directive” are to “the Water Framework Directive”,references to “Part 1 of this Act” are to “these Regulations”.

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