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ANNEX A
Scottish Statutory Instruments
2007 No.
ENVIRONMENTAL PROTECTION
WATER
The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007
Made - - - - 2007
Laid before the Scottish Parliament - - - 2007
Coming into force - - 1st January 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 20 and section 36(3) of the Water Environment and Water Services (Scotland) Act 2003( 1) and of all other powers enabling them to do so.
In accordance with section 21(1) of that Act they have consulted with the persons specified therein.
In accordance with section 21(2) of that Act, they have published a draft of the proposed general binding rules and have had regard to the representations received about the proposed rules in accordance with section 21(4) of that Act.
Citation and commencement
1. These Regulations may be cited as the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007 and shall come into force on 1st January 2008.
Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2005
2. The General Binding Rules in Part 1 of Schedule 3 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005( 2) are modified in accordance with the Schedule.
Amendment of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003
3. The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations( 3) are amended as follows-
(a) in paragraph (2) of regulation 1, (Citation, commencement, interpretation and extent)-
(i) insert the following definitions in the appropriate places alphabetically-
"constructed farm wetland" means a series of one or more constructed ponds used for the treatment of slurry of a type specified in paragraph (4) of regulation 3 in such a manner that any discharge from such a wetland will not pollute the water environment;
"farm yard manure" means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food);";
(ii) omit "and" where it immediately precedes the defined term "slurry storage tank";
(iii) immediately after the words "storage of slurry" where they occur in the definition of "slurry storage tank" insert-
"; and
"water environment" shall have the same meaning as it has in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).".
(b) in regulation 3, (Storage of slurry)-
(i) in paragraph (1) after "paragraph (2)" insert " and (3)";
(ii) after paragraph (2) insert-
"(3) Paragraph (1) shall not apply to slurry of a type specified in paragraph (4) if such slurry is drained to a constructed farm wetland.
(4) The type of slurry referred to in paragraph (3) is slurry which consists mainly of rainwater and washings which derive from-
(a) a midden, which contains in a substantial majority farm yard manure and is situated where its contents can be affected directly by precipitation;
(b) an area or pathway where that area or pathway can be directly affected by precipitation, is used by livestock to move from one area to another, but is not used for the gathering, holding or feeding of livestock;
(c) an area, which can be directly affected by precipitation, and is used for the gathering or holding of livestock, provided that such gathering or holding is for no more than 3 days and there is a period of at least 5 weeks between each gathering or holding.
(5) Slurry which contains sheep dip fluid shall not be permitted to drain to a constructed farm wetland.".
(c) in Schedule 1 (requirements for silos)-
(i) in paragraph (2), after the words "channel or pipe" insert-
"and (if so desired) to a constructed farm wetland in compliance with paragraph 10 through a 2separate channel or pipe;";
(ii) after paragraph (2) insert-
" 2A. No drainage of silage effluent shall be permitted to be drained to a constructed farm wetland from an effluent tank.".
(iii) after paragraph (9) insert-
" 10. Drainage of silage effluent that consists mainly of rainwater to a constructed farm wetland from the silo shall be permitted-
(a) during the period between 1st November in one calendar year and 30th April in the next, and,
(b) where no crop which is being made into silage has been added to that silo during that period.".
[Authorised to sign by the Scottish Ministers]
St Andrew's House,
Edinburgh
2007
SCHEDULE Regulation 2
MODIFICATION TO THE WATER ENVIRONMENT (CONTROLLED ACTIVITIES) (SCOTLAND) REGULATIONS 2005
1. In Part 1 of Schedule 3 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (General Binding Rules), immediately after activity 17 insert-
" | 18. The storage and application of fertiliser other than where it is regulated by: (a) the Sludge (Use in Agriculture) Regulations 1989( 4), (b) a waste management licence in terms of section 34 of the Environmental Protection Act 1990( 5), (c) the registration of a registered exemption, under the Waste Management Licensing Regulations 1994( 6) or, (d) by the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003( 7). | (a) no fertiliser shall be stored on land that: (i) is within 10 metres of any surface water or wetland; (ii) is within 50 metres of any well, spring or borehole; (iii) is waterlogged; or (iv) has an average soil depth of less than 30 centimetres and overlies gravel or fissured rock, except where the storage is for forestry operations; (b) no organic fertiliser shall be applied to land that: (i) is within 2 metres of any drainage ditch or within 5 metres of any other surface water or wetland; (ii) is within 50 metres of any well, spring or borehole that supplies water for human consumption; | " |
(iii) is sloping with an overall gradient in excess of 15° (except where the application is for forestry operations); |
(iv) has an average soil depth of less than 30 cm and overlies gravel or fissured rock, except where the application is for forestry operations; or |
(v) is frozen (except where the fertiliser is farm yard manure) waterlogged, or covered with snow; |
(c) no inorganic fertiliser shall be applied to land that: |
(i) is within 2 metres of any surface water or wetland; |
(ii) is within 10 metres of any well, spring or borehole that supplies water for human consumption; |
(iii) has an average soil depth of less than 30 cm and overlies gravel or fissured rock, except where the application is for forestry operations; or |
(iv) is frozen, waterlogged, or covered with snow. |
(d) all reasonable steps shall be taken to ensure that fertilisers are not applied to land in excess of the nutrient needs of the crop; |
(e) any equipment used to apply fertiliser shall be maintained in a good state of repair; |
(f) all reasonable steps shall be taken to minimise the entry of water into slurry and silage effluent stores; |
(g) fertiliser shall be applied on land in such a way that it minimises the risk that it will pollute the water environment. |
19. Keeping of livestock. | (a) livestock shall be prevented from causing erosion or poaching of any land that is within 5 metres of surface water or wetlands, or from entering any land that is within 5 metres of a well, borehole or spring that supplies water for human consumption or water quality sampling; |
(b) livestock feeders shall not be positioned within 10 metres of any surface water or wetland; |
20. Cultivation of land and harvesting of crops. | (a) no land shall be tilled for cropping that is: |
(i) within 2 metres of any surface water or wetland; |
(ii) within 5 metres of a borehole or of a well or spring that supplies water for human consumption; |
(iii) waterlogged; |
(b) preparation of land used for forestry operations shall be limited to the minimum extent and depth necessary for satisfactory tree establishment; |
(c) moling of land used for forestry operations shall not be permitted on slopes with an overall gradient in excess of 4.5°; |
(d) all reasonable steps shall be taken to minimise the risk that any planting or harvesting causes pollution to the water environment. |
21. Discharge of water run-off, via either a surface water drainage system or overland flow, to the water environment as a result of agricultural or forestry activities. | (a) all reasonable steps shall be taken to minimise the risk that any discharge causes pollution of the water environment; |
(b) new drainage shall be designed to control water run-off and minimise erosion; |
(c) forest drains shall not discharge directly to natural watercourses; |
(d) no discharge from drainage shall result in the destabilisation of the banks or bed of the receiving surface water. |
22. Construction and maintenance of waterbound roads and tracks. | (a) the activity shall be carried out in such a way so as to minimise the risk of pollution of the water environment; |
(b) all run-off from roads or tracks constructed after [coming into force date] shall be drained using a drainage system that does not directly connect to any natural watercourse; |
(c) no acidic, metal or sulphide rich material shall be used in the construction or maintenance of waterbound roads. |
23. The handling and use of pesticides | (a) the preparation of pesticides for application and the cleaning or maintenance of pesticide sprayers shall be undertaken in conditions such that any spillages, run-off or washings will be prevented from entering the water environment; |
(b) no pesticides shall be applied within 50 metres of any well, spring or borehole that supplies water for human consumption, 20 metres of any freshwater loch, or 10 metres of any other surface water or wetland, unless an appropriate risk assessment has shown that the use of a lesser distance would ot result in pollution of the water environment; |
(c) pesticide spraying equipment shall be maintained in a good state of repair; |
(d) pesticide sprayers shall not be filled with water taken from the water environment unless: |
(i) a device preventing back siphoning is fitted to the system; or |
(ii) the water is first placed in an intermediate container; |
(e) pesticide-treated trees shall not be soaked in any part of the water environment; |
(f) pesticide shall be applied on land in such a way that it minimises the risk that it will pollute the water environment. |
24. Operating sheep dipping facilities | (a) no sheep shall be permitted to have access to the water environment while there is a risk of transfer of sheep dip fluid from its fleece to the water environment; |
(b) no mobile sheep dipping facility, or part of any sheep dipping facility constructed after [the effective date], shall be located within 50 metres of any river, ditch, pond, freshwater loch, wetland, well, spring or borehole; |
(c) sheep dipping facilities shall not discharge underground and shall not leak or overspill; |
(d) sheep dipping facilities shall not be filled with water taken from the water environment unless; |
(i) a device preventing back siphoning is fitted to the system; or |
(ii) the water is first placed in an intermediate container; |
(ii) the water is first placed in an intermediate container; |
(e) sheep dip facilities shall be emptied within 24 hours following completion of dipping, and the waste sheep dip disposed of in accordance with these regulations. |
2. In Part 2 of Schedule 3 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (General Binding Rules):-
(a) insert the following definitions in the appropriate places alphabetically-
" "application" means the spreading, spraying, incorporating or injecting into or onto land;
"crop" includes grass;
"farm yard manure" means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food);
"fertiliser" means any substance containing nutrients which is utilised on land to enhance plant growth, but excludes forestry brash;
"forest" means land with a tree canopy cover of more than 10 percent and area of more than 0.5 hectares;
"moling" means the process whereby land that has been subjected to a cultivation process is disturbed by an implement inserted into and dragged through it, and the implement opens a conduit within the soil along which water may flow to open ditches aligned slightly off the contour of the land;
"pesticides" means any substance preparation or organism that is prepared or used for controlling any organism that is harmful to plants, wood or other plant products, or any harmful creature;",
(b) omit "and" where it immediately precedes the defined term "uncultivated land"; and
(c) immediately after the definition of "uncultivated land" insert the following-
""waterbound road" means a road constructed of coarse stone and fine aggregate to form a tightly bound semi-impervious surface; and
"waterlogged" means soil which is at water retaining capacity, except in the case of forestry operations where it means where surface water is visible.".
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, made under Sections 20 and 36(3) of, and Schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 (asp 3), make amendments to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) ( CAR) and to the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 (S.S.I. 2003/531) ( SSAFO).
Schedule 3 of CAR is amended to effect changes to the General Binding Rules contained there by adding as Rule 18 to 24, General Binding Rules relating to the control of diffuse pollution, and in particular-
(a) the storage and application of fertiliser;
(b) the keeping of livestock;
(c) land cultivation;
(d) the discharge of water run off via a surface water drainage system or overland flow;
(e) the construction and maintenance of certain types of road and track;
(f) the handling and use of pesticides; and
(g) the operating of sheep dipping facilities.
SSAFO is amended through the addition of 3 new sub-paragraphs at Regulation 3 which provide for an alternative form of disposal for certain types of slurry, the addition of provisions to Schedule 1 which provide for an alternative form of disposal for a certain type of silage effluent, and the addition to the defined terms listed in Regulation 2 in order to accommodate such changes.
A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from Water, Air, Soils and Flooding Division, Victoria Quay, Edinburgh EH6 6QQ.
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