This item was published during the term of a previous administration that ended in April 2007
Listen
New regulations against water pollution
11/03/2003
Regulations designed to reduce the risk of water
pollution were introduced today by Environment Minister
Ross Finnie.
The regulations will enable the Scottish Environment
Protection Agency (SEPA) to serve a 'works notice' on those
responsible for a pollution incident or for a situation
liable to result in pollution.
Notices served under the Anti-Pollution Works
Regulations (Scotland) 2003 will require polluters or
potential polluters to carry out specified works to prevent
or remedy the pollution.
Mr Finnie said:
"Most of Scotland's waters are of good or excellent
quality. However, it goes without saying that any water
pollution incident can pose risks to the environment and to
health. Mitigating or remedying damage, real or potential,
can also be difficult and costly. These Regulations will
therefore help SEPA to reduce the risk of pollution in
waters - particularly in cases where the pollution
incidents can be foreseen.
"These regulations place responsibility firmly with the
polluter who will have to meet the associated costs of
reducing the risks of environmental harm. An appeals
mechanism within the Regulations gives businesses an
opportunity to object to unreasonable demands and, if
successful, recoup their costs."
The Anti-Pollution Works Regulations (Scotland) 2003
bring into effect sections 46A to D of the Control of
Pollution Act 1974. (sections inserted into the 1974 Act by
paragraph 29(22) of Schedule 22 to the Environment Act
1995).
The proposed regulations specify what must be included
in the works notices, the procedures for appeals against
them, and the particulars that SEPA must place on its
register relating to the control of discharges.
They also make provision in respect of applications for
compensation by a person granting rights of entry to the
person on whom the notice was served and of the way in
which the amount of such compensation should be
assessed.
Non-compliance with a notice will be an offence under
section 46D of the 1974 Act and thus subject to a fine of
up to £20,000.
SEPA recorded 1,829 routine and 187 significant
pollution incidents in 2001-02 (3,356 routine and 179
significant incidents in 1997-98). The works notices powers
will assist SEPA in tackling this problem by requiring,
where appropriate, potential polluters to take preventative
action, particularly where other regulatory controls do not
apply or where an informal approach has been
unsuccessful.
The works notice powers supplement SEPA's existing
powers under section 46 of the 1974 Act to carry out works
where it considers that water pollution is likely to occur
or has occurred and to recover costs from the person
responsible. As such, they are unlikely to have significant
new cost implications for business.
The new regulations bring Scotland into line with
equivalent provisions that were introduced for England and
Wales in 1999 and for Northern Ireland in January this
year.