« Previous | Contents | Next »
Listen
4. BACKGROUND
The Scottish Executive published in December 2005 a strategy document on the control of diffuse pollution from rural land use. This considered the various actions that might be taken, including guidance and incentives for good practice, and recommended that a set of controls in the form of GBRs should be developed as part of the strategy. This was followed by a consultation paper on Diffuse Water Pollution from Rural Land Use in October 2006, proposing a set of GBRs.
Diffuse pollution typically involves a multitude of small sources, such as run-off from fields, which may be individually insignificant but cumulatively have a substantial effect. SEPA has estimated that diffuse pollution accounts for 40% of the water bodies in Scotland being at risk of not meeting good ecological status, and that rural sources account for more of the bodies at risk than urban sources. Agriculture accounted for the greater part of the discharges of nitrate, phosphates and suspended sediments (mainly soils).
In these circumstances there is scope for substantial improvements in water quality to be achieved through good practice. Much has been achieved through good practice rules set out in guidance, such as the PEPFAA Code. The proposed GBRs, in giving statutory effect to good practice, would involve little or no change for those who adopt such practices and would not be onerous to comply with. Thus the proposed rule that fertiliser applications must not exceed crop requirements would prohibit farmers from incurring costs that would not have an economic response. Other measures are aimed at removing activities from the margins of watercourses; while these may result in some loss of potential income, it should be clear that it is not in anyone's interest for soils to be washed into watercourses.
There are differing views on how far agricultural activity should be removed from surface waters. The approach in the proposed GBRs is to set a minimum which will be applicable across Scotland. This does not mean that any activity more than 2 metres, or whatever distance is specified, is "safe" for the water environment or for drinking water supplies. Discretion and judgement on the part of operators are still required, but it sets a minimum standard which can be seen as clear and applicable to everyone. If improvements are achieved in a catchment, there will be less pressure for tighter rules in future to meet the targets in line with the Water Framework Directive of good quality in Scotland's waters.
The proposals in 2006 were generally welcomed, but there were criticisms that they were too detailed and too much concerned with means, rather than outcomes. A revised set of proposed general binding rules was issued in February 2007, and these have been further revised. The rules are designed to protect drinking water supplies, including water that is for food production or food preparation purposes, where they are part of the water environment.
In both these consultations the Executive proposed that there should be a relaxation of a particular provision in the SSAFO Regulations. This relaxation is designed to allow the use of constructed farm wetlands to treat lightly contaminated water from farm steadings. This will help reduce the current problems of slurry storage encountered by many farmers. Reducing the need for greater storage capacity, and making better use of existing capacity, using an alternative method of treatment, will give at least as good environmental protection and will involve savings in farmers' time and fuel costs.
Further information is given in the note on Constructed Farm Wetlands below.
The Scottish Ministers are committed to ensuring that the regulatory burden is reduced in so far as this can be done without jeopardising the protection of the water environment. This consultation sets out Ministers' proposals for the authorisation under general binding rules of activities that pose a potential threat to the quality of water in Scotland's water environment. Controls of diffuse pollution are essential to achieving good water quality, in line with the aims of the Water Framework Directive.
In drawing up the proposed GBRs, we have taken account of advice from SEPA and other interested parties and of the responses to the earlier consultations. In compliance with the Water Environment and Water Services (Scotland) Act 2003, we now submit these GBRs to final consultation. This will enable stakeholders to comment on the revised proposals prior to the regulations being laid in the Scottish Parliament.
Details of the previous consultations on diffuse water pollution can be found at:
Diffuse Water Pollution from Rural Land Use: December 2005
Diffuse Water Pollution from Rural Land Use: October 2006
Diffuse Water Pollution from Rural Land Use: February 2007
« Previous | Contents | Next »