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Implementing the Water Environment and Water Services (Scotland) Act 2003: Diffuse Water Pollution from Rural Land Use - Consultation on proposed Regulations relating to General Binding Rules

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EXECUTIVE SUMMARY

1. Diffuse pollution is a significant threat to water quality in Scotland, as it is in other countries. The Scottish Executive published a proposed strategy, "Diffuse Water Pollution from Rural Land Use", in December 2005. The paper discussed the nature and scale of the problem, and proposed a combination of measures: the support of voluntary action based on good practice, regulations to protect the water environment, and the provision of appropriate incentives for farmers and other land managers.

2. Under the Water Framework Directive, all Member States are required to introduce measures for the control of diffuse pollution. The Water Environment (Controlled Activities) (Scotland) Regulations 2005 ( CAR) provides such a means of control. All activities that pose a potential risk to the water environment have to be authorised. The simplest means of doing this is by authorisation under general binding rules ( GBRs).

3. The Executive, in collaboration with key stakeholders, has developed a set of GBRs designed to protect the water environment and to prevent actions which result in undue risks to the quality of water in Scotland. We now propose the introduction of these national GBRs, as part of the CAR regulatory framework. The proposals are intended to help bring about good water status across Scotland without imposing onerous costs or conditions on land managers. We also propose that that it should be permissible for lightly contaminated farmyard water to be drained to a wetland constructed for the purpose, as an alternative to collection of the run-off in a slurry store.

4. It is very likely that even with these national GBRs in place there will still be problems associated with certain pollutants in some catchments. For these areas it is planned that, in conjunction with River Basin Management Planning, the national rules will be supplemented by further localised controls to apply to a particular land use activity. There is a choice of ways in which such additional specific rules could be applied. At the same time, through Land Management Contracts, the Executive will be increasing the incentives available for action to enhance environmental protection.

5. Views are sought on:

  • the proposed GBRs to prevent or mitigate diffuse pollution from land use activities;
  • the form of possible future localised controls to apply to particular land use activities; and
  • permitting lightly contaminated yard water to be drained to a constructed wetland.

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Page updated: Tuesday, October 24, 2006