- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Water Environment (Controlled Activities) (Scotland) Regulations 2011 No. 209
16. SEPA must, when considering an application referred to in paragraph 15—
(a)assess the risk to the water environment posed by the carrying on of the authorised activity;
(b)where 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—
(i)assess the indirect effects of that impact on any other aspects of the environment likely to be significantly affected;
(ii)consider any likely adverse social and economic effects of that impact and of any indirect environmental effects identified in accordance with sub-paragraph (i); and
(iii)consider the likely environmental, social and economic benefits of the activity;
(c)assess the impact of the controlled activity on the interests of other users of the water environment;
(d)assess what steps may be taken to ensure efficient and sustainable water use;
(e)apply the requirements of the legislation referred to in Part 1 of Schedule 4, including, in particular, the provisions of Article 4 of the Directive and Article 6 of the Groundwater Directive 2006; and
(f)have regard to the provisions of the legislation referred to in Part 2 of Schedule 4,
and must, if they grant the application, ensure that the relevant authorisation complies with the requirements of these Regulations.
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