Controlled Activity Regulations
Introduction
Regulation Summary
The relevant Regulations are the Water Environment (Controlled
Activities) Regulations 2011. The Regulations are intended to
protect Scotland's water environment and have to be complied with
by law.
Licence Summary
This is an environmental licence granted for specific activities
including:
- Discharging in water and ground water
- Impounding water courses
- Abstracting water from water bodes
- Undertaking engineering activities in or near water bodies
The licence is issued by the Scottish Environment Protection
Agency and the conditions in the licence must be complied with by
law.
Eligibility Criteria
Owners and/or operators of activities not covered by a general
binding rule (GBR) under the Water Environment (Controlled
Activities) (Scotland) Regulations (CAR) need to apply to SEPA for
authorisation. This will either be in the form of a registration
or licence. Whether or not you are granted a licence will
depend on a number of factors such as whether the activity complies
with the environmental controls needed to protect the environment
in Scotland. If you wish to discuss an application, please
contact the local SEPA office
nearest to your proposed activity.
The Controlled
Activities Regulations - A Practical Guide 
(590k) will help you determine the level of
authorisation and the type of application form you need. If you are
applying for a registration, online applications attract a reduced
fee.
Application Evaluation Process
- For some applications, SEPA may ask you to advertise your
application to allow local interested parties to engage in the
licensing process.
- SEPA may seek to issue a draft licence for consultation under
the EU Public Participation Directive.
- Evaluation of the application will consider a range of
environmental factors and whether operator is a fit and proper
person to hold the licence.
Tacit Consent
Tacit consent does not apply under CAR. There are clearly
defined requirements for the applicant to enough
information to enable SEPA to make a decision. Should that
information not be available, the decision timescale will be
extended to ensure that SEPA has adequate time to process all the
required information.
Decision Time Period
The target decision time period depends on whether you
require a licence or registration. The period is 30 days
for a registration, 4 months for a licence. During this time, we
may ask you for more information or ask you to advertise your
proposals to the public. The decision time period will be halted
until our request is carried out.
Redress
Where applicants and operators do not agree with the conditions
and requirements imposed by a CAR authorisation or notice, an
appeal can be made to Scottish Ministers. The submission of
an appeal does not suspend the operations of all authorisations or
notices and its conditions.
Public Registers or Databases
Public Registers store large amounts of paper-based regulatory
and enforcement information. Our Registry staff can help you find
the information you require: you can request information in person,
by phone or by email. Our Registries are located in Aberdeen,
Dingwall, Perth, East Kilbridge and Edinburgh. Registry opening
hours are 9.30 am to 4.30 pm, Monday to Friday.
Contact Details and Local Support
SEPA has a number of local offices
throughout Scotland. Please contact us, if you are unsure who or where to
contact.
Making an Application
Please note that the Water Environment
(Controlled Activities) Regulations 2011 came into force on 31st
March 2011 replacing the Water Environment (Controlled Activities)
Regulations 2005 (CAR 2005). All relevant guidance on the website
will be updated in due course but in the meantime, please be aware
that some documents will still contain references to CAR 2005.
Making an Application - Registrations
Registrations can be made online or by post.
Online
The easiest and most cost efficient way of for a registration is
through our online facility. To check if you can apply for an
online registration, follow the relevant link:
By post
Please print off the relevant application form and send it to
the Registry at the SEPA office closest to the activity
you are registering. Addresses are provided on the form.
Your local SEPA office will
advise the correct fee for your application.
Please note: For each application, you will
need to supply us with the National Grid Reference
(NGR) of where the activity is taking place.
Making an application - Licences
If you require a licence, you will need to send a postal
application. The forms are used for both simple and complex
licences. The consolidated CAR Licence
Applicant Guidance provides all available
guidance and information on the application process. You need to
complete two application forms:
- Application form A which asks for general information about the
activity or activities.
- An application form appropriate to your activity (B, C, D,
E, or F in the table). This form provides us with more
detailed information on your activity.
Making a change to an application - Licences
If you want to make a change to a licence, please select the
appropriate form (G, H or I) from the table below.
| Description |
Form |
Guidance |
| A – to be completed by all applicants |
 (260k) |
(146k) |
| B – point source discharges, excluding fish farm effluent |
(427k) |
(73k) |
| C – discharge effluent from a fish farm |
(226k) |
(51k) |
| D – abstraction and impoundment activities |
(355k) |
(186k) |
| E – engineering activities |
(398k) |
(184k) |
| F – disposal of waste sheep dip or other agrochemicals to
land |
(97k) |
(43k) |
| G - application for an administrative or technical
variation |
(248k) |
- |
| H - application to transfer a licence |
(286k) |
- |
| I - application to surrender a licence |
(153k) |
- |