Office of Public Sector Information
Section 15.
1 An application for a control order—
(a) shall specify the area to which the control order sought by the application is to apply and all such other relevant information as the Secretary of State may from time to time require; and
(b) without prejudice to the generality of sub-paragraph (a) above, shall, so far as practicable, include a statement of what the river purification authority concerned consider to be the minimum acceptable flow for each such water, as measured at control points described in that statement.
2 On making an application for a control order the river purification authority concerned shall in two successive weeks publish in at least one newspaper circulating in their area and in the proposed control area, and in the Edinburgh Gazette, a notice—
(a) stating the general effect of the application;
(b) specifying a place in the proposed control area where a copy of the application and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of twenty-eight days beginning with the date of the first publication of the notice; and
(c) stating that, within the said period, any person may by notice in writing to the Secretary of State object to the application.
3 (1) Not later than the date on which a notice is first published in accordance with paragraph 2 above, the river purification authority shall serve a copy of it (together with a copy of the application and of any relevant map or plan) on—
(a) every local authority whose area is comprised wholly or partly in the proposed control area;
(b) any statutory body the exercise of whose functions may be affected by the control order if made; and
(c) any body or association appearing to the river purification authority to represent persons who in their opinion may be affected by the control order if made.
(2) In this paragraph the expression “statutory body” means any body exercising functions conferred on it by or under any enactment.
4 Not later than the date on which the said notice is first published, the river purification authority shall cause a copy of it to be displayed in at least one prominent position in the proposed control area.
5 If before the expiration of the said period of twenty-eight days an objection is received by the Secretary of State from any person referred to in paragraph 3(1) above, or from any other person appearing to the Secretary of State to be likely to be affected by the proposed control order or, as the case may be, to represent persons likely to be so affected, and the objection is not withdrawn, the Secretary of State shall cause a public local inquiry to be held.
6 The provisions of subsection (2) to (8) of section 210 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (which relate to the holding of local inquiries) shall apply to a public local inquiry held under paragraph 5 above as they apply to local inquiries held under that section.
7 After considering any objections to the application which are not withdrawn and, where a public local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make a control order as proposed in the application or, subject to paragraph 8 below, with such modifications to these proposals as he thinks fit, or may refuse to make a control order.
8 The Secretary of State shall not make a control order with any modification to the proposals in the application unless he has first—
(a) intimated the terms of the modification to the parties referred to in paragraph 3 above and on any other person who in the Secretary of State’s opinion may be affected by the modification;
(b) given them an opportunity to make representations against the modification; and
(c) considered any representations so made.
9 If the Secretary of State makes a control order the river purification authority shall publish, as described in paragraph 2 above in relation to a notice under that paragraph, a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours, and paragraphs 3 and 4 above shall apply to any such notice as they apply to a notice required to be published by the said paragraph 2.
10 If any person affected by a control order desires to question the validity of it, or of any provision contained in it, on the grounds that it is not within the powers of Part II of this Act, or on the grounds that any requirement of that Part has not been complied with in relation to the making of the order, he may, within the period of six weeks beginning with the date on which the notice required by paragraph 9 above is first published, make an application to the Court of Session, and on any such application the Court—
(a) may suspend the operation of the control order, or of any provision contained in it, either generally, or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
(b) if satisfied that the control order, or any provision contained in it, is not within the powers of Part II of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement, may quash the order, or any provision contained in it, either generally or in so far as it affects any property of the applicant.
11 Subject to the provisions of paragraph 10 above, a control order shall not, either before or after it has been made, be questioned in any legal proceedings, and shall become operative on the date on which the notice required by paragraph 9 above is first published.
Section 17.
1 (1) An application for a licence under section 17 of this Act shall contain such information as to—
(a) the inland or ground waters from which water is intended to be abstracted;
(b) the point of abstraction and the amount of water to be abstracted;
(c) the land to be irrigated and the method and purpose of that irrigation; and
(d) such other matters relevant to the consideration of the application,
as the river purification authority may require.
(2) A river purification authority shall—
(a) in each year, within the period of fourteen days beginning with the closing date publish in at least one newspaper circulating in the control area a notice stating briefly—
(i) the nature of any application made to them for a licence in such an area;
(ii) where and when particulars of such application may be inspected; and
(iii) the period within which objections should be made, in writing, to the authority; and
(b) maintain at their office a register containing particulars of any application made or licence granted under this section, to be available for inspection by any person free of charge at all reasonable hours,
and the particulars of any such application or licence shall be entered in that register within the period of seven days beginning with the receipt of the application, or, as the case may be, the granting of the licence.
(3) Any person who objects to an application for a licence under this section must do so in writing to the river purification authority within the period of twenty-eight days beginning with the closing date.
(4) An application for a licence under this section shall be deemed to have been granted unconditionally, and the river purification authority shall grant a licence accordingly, if the authority fail to intimate their decision on the application to the applicant within the period of fifty-six days beginning with the closing date.
(5) On making an application under this section, there shall become payable to the river purification authority by the applicant such reasonable fee as the authority may from time to time determine.
(6) If during the process of applying for a licence the applicant ceases to occupy the land referred to in section 17(1) of this Act, the river purification authority to whom the application has been made shall, at the request of the succeeding occupier, consider the application as if it had been made by the succeeding occupier.
2 (1) Where an applicant is aggrieved by a decision under section 17 of this Act of the river purification authority, he may, within the period of twenty-eight days beginning with the day on which he received that decision, appeal by notice in writing to the Secretary of State; and the applicant shall, within that time, serve a copy of the notice on the river purification authority.
(2) Where an appeal is brought under this paragraph, the Secretary of State may allow or dismiss it or may attach fresh conditions to the licence or may cancel or vary any condition already attached, whether the appeal relates to that condition or not.
(3) Where any objections have been made under paragraph 1(3) above, the Secretary of State, before determining the appeal, shall require the river purification authority to serve on any such objector a copy of the notice of appeal; and the Secretary of State, in determining the appeal, shall take into account any further objections made in writing by any such person and received by him within such time as he may direct.
(4) Before determining any appeal under this paragraph, the Secretary of State may, if the appellant or the river purification authority or any objector so requests, afford to them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose.
(5) The decision of the Secretary of State on any appeal under this paragraph shall be final.
3 (1) A river purification authority may on the application of the holder of a licence vary the licence; and, where the effect of the variation would be to increase the quantity of water authorised to be abstracted, the provisions of this paragraph shall apply in relation to the application for variation and to the variation of the licence.
(2) A river purification authority may consider at any time an application for a licence under section 17 of this Act if they are satisfied that, in all the circumstances, the applicant could not reasonably have met the closing date.
(3) Subject to the following provisions of this paragraph, the provisions of—
(a) section 17 of this Act, other than subsection (2);
(b) paragraph 1 above, other than sub-paragraphs (2)(a), (3) and (4); and
(c) paragraph 2 above,
shall apply to such an application for variation or to such late application and to any licence varied or granted in pursuance of that application.
(4) An applicant for variation of or a late applicant for a licence shall publish in a newspaper circulating in that part of the control area which includes the waters to which the licence relates or would relate a notice stating briefly—
(a) the nature of the application; and
(b) the date by which objections to the application should be made, in writing, to the river purification authority.
(5) Objections to an application made under this paragraph shall not be considered by the river purification authority unless they are made to them in writing not later than the period of fourteen days beginning with the date of publication of the notice referred to in sub-paragraph (4) above.
(6) An application made under this paragraph shall be deemed to have been granted unconditionally if the authority fail to intimate their decision on the application to the applicant within the period of twenty-eight days beginning with the date of publication of the notice referred to in sub-paragraph (4) above; and the river purification authority shall grant or vary the licence accordingly.
(7) A licence granted following an application made under this paragraph shall, subject to the provisions of Part II of this Act, remain in force until the end of the calendar year in respect of which it was granted.
4 A river purification authority may revoke a licence granted by them under Part II of this Act if the holder is convicted of an offence under section 16 of this Act.
5 (1) Subject to sub-paragraph (2) below, where the holder of a licence under this Part ceases to occupy the land referred to in section 17(1) of this Act, the licence shall cease to have effect.
(2) If a person as described in sub-paragraph (1) above notifies the river purification authority in writing not later than the expiration of the period of fourteen days beginning with the date on which another person succeeds him in occupation of that land—
(a) the licence shall be transferred to the succeeding occupier of that land;
(b) the register kept under paragraph 1(2)(b) above shall be amended accordingly; and
(c) the licence shall be amended and have effect accordingly.
Natural Heritage (Scotland) Act 1991