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3. FRAMEWORK FOR PROTECTING THE WATER ENVIRONMENT
The WEWS Act transposed the requirements of the Directive into Scots law, introducing a broad framework for the management of our rivers, lochs, groundwater and coasts. The introduction of this framework represents a significant shift in water resource management, requiring us to adopt a holistic source-to-sea approach through the introduction of River Basin Management Plans ( RBMPs). For the first time we will be able to take a more strategic look at the water environment, on a river basin scale. As the lead competent authority for protection of the water environment in Scotland, SEPA is responsible for the preparation of the draft RBMPs. This process is now underway, and the first draft plan will be published for consultation during 2008. The RBMP will be finalised in December 2009, and updated every 6 years thereafter.
Throughout the implementation programme our overarching aim is to establish a framework within which an appropriate balance can be struck between the protection of the water environment and its use for the purposes of sustainable social and economic development. In order to achieve this balance in the most effective and constructive way possible, we believe it is essential that WFD principles are embedded in all other relevant policy and regulatory areas. For example, those relating to energy, public water supply, transport, land-use planning, fisheries, enterprise, recreation and tourism, and agriculture. The purpose of this paper is to highlight and support this overriding objective of integration.
RELEVANT ENACTMENTS - GENERAL PURPOSE AND PRINCIPLES Section 2 of the WEWS Act introduced a general duty for the Scottish Ministers and every public body and office-holder to have regard to the desirability of protecting the water environment when exercising any functions. It also gives the Scottish Ministers the power to specify, by order, any piece of legislation as a WEWS Relevant Enactment where that legislation gives statutory functions to the Scottish Ministers and/ or SEPA and those functions are relevant to the water environment. The Scottish Ministers and SEPA will be required to exercise their functions under the relevant enactments in a manner which secures compliance with the requirements of the Directive, thus contributing to the overall achievement of its aims and objectives. In addition, section 2(4) of the WEWS Act provides that the Scottish Ministers and SEPA must, in exercising their functions under the relevant enactments to secure compliance with the Directive - - have regard to the social and economic impact of such exercise of those functions,
- so far as is consistent with the purposes of the enactment in question:
(i) promote sustainable flood management, and
(ii) act in the way best calculated to contribute to the achievement of sustainable development, and - so far as is practicable, adopt an integrated approach by co-operating with each other, and with the WEWS Responsible Authorities, with a view to co-ordinating the exercise of their respective functions.
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