Response 43183196

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About You

What is your name?

Name
Glen Hydro Development & Glen Hydro Consulting

Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Ticked Organisation

What is your organisation?

Organisation
Glen Hydro Development & Glen Hydro Consulting

Part 2: Policy Overview

1. Do you agree with the benefits set out here?

Please select one item
Ticked Yes
No

2. Are there any other comments you would like to make on Part 2?

Are there any other comments you would like to make on Part 2?§
No

3. How could SEPA better support the uptake of new technologies?

How could SEPA better support the uptake of new technologies?
Of limited relevance to our sector.

Part 3: Key features of the new framework for authorisation holders.

4. Do you agree that the framework should include a set of universal outcomes?

Please select one item
Ticked Yes
No

5. If so, are the outcomes proposed the right ones?

Please select one item
Ticked Yes
No

6. Do you see any opportunities within your sector for industry- led guidance to be produced to support this approach and how could it support you to deliver better?

Comments:
Existing hydro guidance is good and has been fundamental to a positive permitting regime. Clarity of changes to guidance and better notification of changes would be helpful.

7. Do you understand the descriptions of the regulated activities in Annex 2?

Please select one item
Ticked Yes
No

8. Do you agree that these are the right factors for SEPA to consider?

Please select one item
Ticked Yes
No

9. Do you agree that SEPA should consult on the guidance setting out the likely tier of authorisation for particular activities?

Please select one item
Ticked Yes
No

10. Do you agree that standard rules will deliver the benefits we have set out?

Please select one item
Ticked Yes
No

11. Do you agree with the procedure for making standard rules?

Please select one item
Ticked Yes
No

12. Do you agree that SEPA and Scottish Ministers should have the ability to make GBRs?

Please select one item
Ticked Yes
No

13. Do you agree that all regulated activities should have an authorised person responsible for overall compliance and that this person should be named in a permit and registration?

Please select one item
Ticked Yes
No

14. Do you think it is proportionate to require the person in control to be the person that notifies an activity in the notification tier?

Please select one item
Yes
Ticked No
Comments:
No, the authorised person should be able to delegate this task whilst still maintaining responsibility.

15. Do you agree that SEPA should include more than one person as the authorised person where appropriate?

Please select one item
Ticked Yes
No

16. Do you have any views on how SEPA should decide if a person is in “control”?

Comments:
Control should be capable of being distant with appropriate oversight of direct action by delegated persons.

17. Question 17 – Do you think the core requirements set out here will deliver the right approach to FPP for the integrated authorisation framework?

Please select one item
Yes
Ticked No
Comments:
No. The inclusion of relevant person is not necessary if the authorised person is in control. For example a landlord may benefit by way of rent from a hydro scheme but it is operated and controlled by the developer. Should the landlord not be deemed a FPP this should not influence the developer’s FPP status. Where the authorised person is a corporate body, the FPP test should be restricted to named officers of the company and Persons of Significant Control. FPP status, once established, should be simply transferrable to additional authorisations.

18. Do you think that the criteria set out above will achieve the stated purpose of the FPP test?

Please select one item
Ticked Yes
No

19. Do you agree with the proposed application processes?

Please select one item
Yes
Ticked No
Comments:
No. All applications should be available online. Registrations should have a deemed acceptance at the end of 28 days. Permits must be determined within 4 months (or extended timeframe as agreed). There should be no deemed refusal.

20. Do you agree with the proposal to have a statutory determination period of four months for the majority of permit applications?

Please select one item
Ticked Yes
No

21. Should the legislation make a clear distinction for applications for “non-standard” activities?

Please select one item
Ticked Yes
No

23. Do you agree with the proposals for variations?

Please select one item
Ticked Yes
No

24. Do you agree with the proposals for transfer?

Please select one item
Ticked Yes
No
If not, why not?
Yes and transfers should be deemed granted if the transferee is already a FPP.

25. Do you agree with the proposals for surrender?

Please select one item
Ticked Yes
No

26. Do you agree with the proposed approach to enforcement notices set out above?

Please select one item
Ticked Yes
No

27. Do you agree a notice used in the way set out in 3.7.10 to 3.7.12 is a different type of notice and should be therefore be called something different, such as an improvement notice?

Please select one item
Ticked Yes
No

29. Do you agree we should retain suspension notices for use in circumstances where we wish to suspend an activity in order to protect the environment, but the authorised person is not being ‘enforced’ against?

Please select one item
Ticked Yes
No

30. Do you agree SEPA should have the power to revoke authorisations in these circumstances?

Please select one item
Ticked Yes
No
Comments:
Yes with the proviso that in circumstances of failure to be a FPP or to retain control, there is the opportunity to transfer the permit.

31. Do you agree that appeals against SEPA decisions should continue to be heard by the DPEA on behalf of Scottish Ministers?

Please select one item
Ticked Yes
No

Part 4: Key features of the new framework for the public

34. Do you support SEPA having more flexibility in how information is made available to the public?

Comments:
All applications should be publicly available online both pre and post determination (as per the planning system).

35. Do you agree that a consistent, flexible and proportionate approach to public participation should be adopted?

Please select one item
Ticked Yes
No

36. Do you agree that the procedural arrangements for third party call-in under CAR should be extended to all regulated activities?

Please select one item
Ticked Yes
No