Statutory Instrument 1998 No. 781 (S. 40) (C. 16)

The Environment Act 1995 (Commencement No. 12 and Transitional Provisions) (Scotland) Order 1998

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(a) any application to which paragraph (1) above applies has not been finally disposed of before 8th April 1998; and

(b) the application relates to discharges which are substantially the same as discharges lawfully made by the Crown before that date without a consent,

the Scottish Environment Protection Agency shall be deemed to have given unconditionally the consent applied for and the deemed consent shall continue in force until the application is finally disposed of.

    (3) An application shall be treated as finally disposed of for the purposes of paragraph (2) above on-

(a) the date on which the Agency gives the consent applied for unconditionally or the application is withdrawn;

(b) if the Agency gives its consent subject to conditions or refuses its content, the expiration of the time limit for appealing against that decision without an appeal being made; or

(c) if an appeal is duly made against the Agency's decision, the date on which that appeal is determined or withdrawn.

Sewel
Parliamentary Under Secretary of State, Scottish Office

St Andrew's House, Edinburgh
11th March 1998

[2] 1974 c.40; section 30I was inserted by section 106 and paragraph 2 of Schedule 16 to the Environment Act 1995.back

[3] S.I. 1984/865.back