« Previous | Contents | Next »
Listen
EXECUTIVE SUMMARY
The EC Water Framework Directive will update how Europe's water environment is managed and protected. It came into force on 22 December 2000 and we have three years from that date to translate its provisions into Scots law. We propose to do this through a Bill in the Scottish Parliament that we will introduce next year. This consultation paper sets out the policy that we believe should form the basis for that Bill.
The Water Framework Directive has two key components:
- it requires us to manage our water environment on the basis of units that make sense in environmental terms - River Basin Districts that include all interdependent rivers, lochs, estuaries, coastal waters and associated underground waters. A plan will have to be drawn up for each River Basin District setting out where there are environmental problems and what will be done to tackle them;
- it also requires that, for the first time, we control all impacts - physical, polluting and otherwise - on the water environment with the aim of achieving 'good' ecological status for most rivers etc by specified deadlines - 2015 in most cases. Status is determined on the basis of ecology because the Directive requires that quality is determined not just by the chemical composition of waters but by the fish, plant and other life that inhabit it.
Chapter 1 introduces the Directive. It also considers the present state of Scotland's water environment. It concludes that while the picture is generally a healthy one there are problems in particular areas caused by pollution and other activities.
Chapter 2 describes the river basin planning system and the timetable for its implementation. It explains that the Water Framework Directive establishes a cyclical system where (1) the condition of the waters in each river basin has to be assessed and described. (2) On the basis of that information and the problems identified, environmental objectives have to be set for each water body (a river or discreet part of a river etc). (3) Once the objectives have been established the measures that will allow them to be met need to be set out and implemented. (4) Thereafter, the environmental condition needs to be assessed again to determine if the objectives have been met.
Chapter 3 details our proposals on how river basin planning will work in Scotland. It proposes that we should have three river basin districts in Scotland - one in the north, one in the east and one in the west. It also proposes that the Scottish Environment Protection Agency (SEPA) should be the lead authority in the river basin planning process - charged with drawing up the River Basin Management Plan (RBMP) and ensuring its implementation on the ground. However, it stresses that SEPA alone will not be able to make a success of the Directive and discusses how other public sector bodies - as well as the private and voluntary sector - would best be involved. Amongst other things it proposes that SEPA be required to establish a consultative forum in each river basin district to inform the drafting of the RBMP. A requirement that Scottish Ministers approve each RBMP is also proposed. The chapter also discusses the relationship between river basin planning and other planning regimes. It stresses the importance of the relationship between river basin planning and land use/development planning.
Chapter 4 sets out the control regimes the Directive requires. These are controls on point source pollution (from the end of a pipe); on diffuse pollution (pollution from many small sources e.g. contaminated runoff from built up areas); on abstraction (removal of water for a variety of uses); on impoundment (the storage of water behind a dam); and, on other physical impacts on the water environment (e.g. diverting of rivers). It makes the important point that controls are only required where the activity causes harm to the environment. The chapter concludes that our current environmental regulatory powers are not sufficient to control these activities. That being the case, it sets out the principles that should underpin each control regime with aim of reducing the burden on those affected by them. The principles are proportionality, selectivity and the desire to streamline controls where possible. In practice this should mean that controls should be based on risk to the environment - insignificant impacts can be excluded. It also means that a variety of control mechanisms may be employed - from full licences to simple registration where good environmental practice is employed.
Chapter 5 sets our proposals for point-source pollution control. This is the one area where a control regime already exists - the Control of Pollution Act 1974 (COPA). It explains our desire to build on the base that COPA has established. One proposal is that the separate regime for control of pollution to groundwaters is combined with general pollution control. Various proposals for an improved regime are discussed, as is our desire to improve the manner in which we regulate the fish farming industry's impact on the environment. The chapter also explains the Directive's proposals in relation to dangerous or 'priority list' substances.
Chapter 6 discusses controls on diffuse pollution and notes that evidence suggests that diffuse agricultural pollution alone will be the most significant contributor to water pollution by 2010. It concludes that existing controls do not meet the requirement of the Directive and suggests principles that should inform the control regime that will have to be established. It suggests that training and awareness raising around the causes and consequences of diffuse pollution will play an important role. It points out that we have a good understanding of what causes diffuse pollution and the measures that can be employed to prevent it and suggests we need to concentrate on securing the employment of this 'good practice' across the board. However, it recognises that there will also be a need for power to take enforcement action where necessary.
Chapter 7 discusses abstraction controls. It makes clear that although we normally have a plentiful supply of water, over-abstraction does cause problems in particular areas at certain times of the year. It concludes that existing controls do not meet the requirements of the Directive and suggests how an abstraction control regime might be structured. It proposes that water resource management strategies be established in each River Basin District to inform the regulator's actions. The strategies should identify if there is a problem with water quantity and why. It also proposes that all abstractors of water be obliged to supply basic information about their abstraction. For abstractions over a certain volume threshold it proposes that an application to the regulator should be made to enable it to determine whether the abstraction needs to be controlled. It also suggests that water management agreements covering a number of related abstractions might play a useful role in the regime.
Chapter 8 deals with the control of impoundments and illustrates some of the environmental problems they may cause - barriers to fish, interference to normal flow and the movement of sediment. It concludes that existing controls do not meet the requirements of the Directive and suggests a similar control regime to that proposed for abstractions. This would include coverage of impoundments in water resource management strategies and a requirement to provide basic information. There would also be a requirement above a certain threshold for an application to the regulator to determine the need for control. The chapter suggests that water management agreements may also have a role in relation to impoundments.
Chapter 9 deals with the control of what we have termed engineering operations. This relates to the Directive's requirement that any significant impact on the water environment (over and above those already described) also needs to be controlled. Engineering works includes many things - bridge construction; river straightening; land reclamation etc - that can have a major impact on the water environment. It concludes that existing controls do not meet the requirements of the Directive. It proposes that any works having a direct impact on the physical condition of a water body should be notified to the regulator. The regulator would then decide whether the activity required to be controlled and, if so, what the appropriate form of control would be. This would vary from a licence to a requirement to abide by established rules of good practice. The chapter also points out that there may be a need in some circumstances for a water body to be restored to its natural condition.
Chapter 10 deals with the Directives requirement in relation to water pricing. The Directive requires that policy on prices for water use has to be linked to policy on protecting the water environment. It explains that the principle of full cost recovery must be taken into account in relation to all use of water. This includes charges for the supply and treatment by the water authorities but also the charges that will underpin the control regimes already discussed. It concludes that our existing system of charging for water services is compliant with the requirements of the Directive but makes clear that we will be required to demonstrate this as part of the economic analysis of water use that will support the production of the River Basin Management Plan.
Chapter 11 sets out the monitoring requirements of the Directive. It explains that monitoring will be required in the definition of water bodies; to define reference or undisturbed conditions (against which ecological status will be determined); and, to assess the state of the environment and the effectiveness of the strategies employed to tackle problems. It recognises that effective monitoring will need the input of a wide range of organisations and suggests that SEPA should be given a co-ordinating role with the aim of the production of a monitoring strategy for Scotland in due course.
We would be grateful for your views on all of the issues dealt with here and in more detail in the rest of the consultation paper.
« Previous | Contents | Next »