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Scotland Rural Development Programme 2007-2013

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Appendix 1: Relevant plans, programmes, polices and legislation

This appendix details the plans, programmes and environmental legislation which were assessed for their relationship with the SRDP and contains a short description about each one as well as summarising their relevance to the SRDP. This information was prepared with reference to the Scottish Forestry Strategy SEA Scoping Report prepared by Land Use Planning for the Forestry Commission Scotland, has been adapted to the SRDP where appropriate.

Reference number

Name of plan / programme / legislation/guidance

Main requirements of plan / programme / legislation/ guidance

Rural development

1a

Land Reform (Scotland) Act 2003 and Scottish Outdoor Access Code

Part 1 of the Act introduces:

  • Statutory right of responsible access;
  • Reciprocal obligation on owners to manage their land responsibly;
  • Places a duty on local authorities to uphold access rights and to prepare a core paths plan.

Part 2 introduces:

  • Community right to buy

Part 3 introduces:

  • Crofting community right to buy

The Scottish Outdoor Access Code, which aims to support the access provisions of the Act, is based on three key principles:

  • Respect the interests of other people
  • Care for the environment
  • Take responsibility for your own actions

1b

Rural Development Regulation ( EC) No 1257/1999: Rural Development Plan For Scotland (Amended February 2005)

The RDP notes the following key priorities:

  • to assist the future viability and sustainability of Scottish farming and forestry
  • the encouragement of farming practices which contribute to the economic, social and environmental sustainability of Scotland's rural areas

It states that grant assistance will be provided for forestry expansion plans which:

  • expands the area of well-designed productive forest;
  • expands the area of native woodland, through natural regeneration and development of Forest Habitat Networks;
  • improves riparian habitat;
  • improves quality and setting of urban and post-industrial areas;
  • improves the diversity of farmed/crofting landscape.

The new RDP, to be introduced in 2007, is currently expected to result in changes to the current Scottish Forestry Grant Scheme ( SFGS).

1c

Scottish Executive (2000) Rural Scotland: A New Approach

Provides strategic confirmation of key issues such as establishing National Parks, Land Reform Act (ownership and access), water quality, planning and farming and notes their contribution to environmental quality. The main environmental objectives are to maintaining the quality and diversity of Scotland's natural and cultural heritage. The Strategy proposes that local and regional influences are maintained and promoted as part o this.

It also notes the importance of forestry in Scotland and states a commitment to restoration and diversity objectives, including the creation of 15000 hectares of native woodland by 2003.

1d

Scottish Executive (2003) Rural Scotland: Taking Stock

Sets out the progress which has been made in achieving the Scottish Executive's vision for rural Scotland, under the headings of:

  • supporting rural economic development
  • breaking down barriers
  • improving access to services
  • sustaining and making the most of our natural and cultural heritage.

It notes the Treefest initiative and events which helped raise awareness of the value of trees and woods in Scotland.

1e

National Parks (Scotland) Act 2004

The Act established the Loch Lomond and the Trossachs and Cairngorms National Parks, with the following aims:

  • to conserve and enhance the natural and cultural heritage of the area
  • to promote the sustainable use of the natural resources of the area
  • to promote understanding and enjoyment of the special qualities of the area by the public
  • to promote sustainable economic and social development of the area's communities.

1f

Scottish Executive (2004) SPP15 Planning for Rural Development

The planning vision for rural areas as set out within the SPP is for:

'vigorous and prosperous rural communities, ranging from small towns and villages to dispersed settlements. The countryside should be able to absorb more people content to live and able to work there. Coastal areas too should play their part. The clear goal will be to maintain the viability of existing communities and bring new life to many places which have seen years of decline.'

In terms of diversification, SPP15 states that the FCS is actively facilitating diversification of agricultural businesses into forestry, and that local value can be added through primary processing, the local use of bio-energy and eco-tourism.

In terms of the policy aim of providing more affordable rural housing, the SPP notes that FCS is exploring scope for selling land to allow further housing to be built by registered social land lords. In addition promotion of the use of sustainable timber in construction within rural areas is highlighted as a positive example of rural design and construction.

1g

Scottish Executive (2005) Modernising the Planning System: White Paper

The proposals for modernisation:

  • provide proposals for new approaches to development planning, whilst maintaining their role at the centre of decision making.
  • focus on streamlining the system and making it ' fit for purpose'
  • encourage greater efficiency
  • aim to improve community participation in the process and
  • recognise planning's role in delivering sustainable development.

1h

Council of Europe (2006) European Landscape Convention GETS No 176.

The general purpose of the Convention is to encourage public authorities to adopt policies and measures at local, regional, national and international level for protecting, managing and planning landscapes throughout Europe so as to maintain and improve landscape quality and bring the public, institutions and local and regional authorities to recognise the value and importance of landscape and to take part in related public decisions.

Agriculture

2a

Scottish Executive (2001) A Forward Strategy for Scottish Agriculture

The Strategy sets out the national vision for the agricultural and land management sector, responding positively to contextual change and providing a more viable future for the industry. It aims to make the industry more prosperous by establishing better connections with the market. It views agriculture as an integral part of rural development and emphasises the importance of environmental stewardship.

2b

Scottish Executive (2002) Custodians of Change Report of the Agriculture and Environment Working Group

This key piece of work explored the way in which Scottish agriculture could become more environmentally sustainable.

The report prioritises three key issues for the farming sector to focus on over the next 5-10 years: addressing diffuse pollution to water, biodiversity and habitat protection and managing landscape change in a sustainable way.

2c

SNH (2002) Natural Heritage Futures - Farmlands and Forests and Woodlands, SNH (2002)

This document is one of a series which aims to guide the future management of the natural heritage towards 2025, within the wide context of sustainable development. The document details national objectives for the natural heritage of farmlands and forests and woodlands and presents a list of priorities which will inform SNH's input to plans and strategies for various sectors and geographical areas including the SRDP.

2d

Scottish Executive (2006) A forward Strategy for Scottish Agriculture: Next Steps (2006)

This document builds on 'A Forward Strategy for Scottish Agriculture' published in 2001. While this original strategy remains valid, it has been updated to reflect progress made and in particular focuses on the importance of sustainable development and climate change. The report includes a series of indicators which could be used to monitor success of the strategy and a monitoring strategy has been prepared. There is potential overlap between some aspects of this strategy and the SRDP and this should be considered in more detail.

2e

Scottish Executive (2003) Response to Custodians of Change, 2002 Report (see 2b)

This provided comment on the report issued in 2002 (see reference 2b for further information).

2f

Prevention of Environmental Pollution from Agricultural Activity ( PEPFAA) Code 2005

This guidance has recently been revised. It provides information for farmers on the potential types of potential pollution from agriculture, and means of reducing pollution and making the most effective use of fertilisers and pesticides.

2g

Scottish Executive et al (2004) The 4 Point Plan

This Plan, published in 2002 and re-issued in 2004 contains guidance for livestock farmers about minimising pollution and improving the business; reducing dirty water around the steading; improving nutrient use; carrying out a risk assessment for manure and slurry; and managing water margins.

2h

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

These Regulations re-enact, with amendments, the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 2001 ("the 2001 Regulations"), which require persons with custody or control of a crop being made into silage, of livestock slurry or of certain fuel oil to carry out works and take precautions and other steps for preventing pollution of inland or coastal waters.

2i

The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003

These Regulations require the occupier of a farm which is in a nitrate vulnerable zone to ensure that the Action Programme measures set out in the Schedule to the Regulations are implemented in relation to the part of the farm which is in the nitrate vulnerable zone. The regulations provide for monitoring the Action Programme and set out the enforcement and appeal procedures.

2j

The Sludge (Use in Agriculture) Regulations 1989 (as amended)

These Regulations implement Council Directive No. 86/278/ EEC ( OJ No. L181/6) on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture. The regulations require that soil and sludge is tested before being applied to land and require that this information, as well as information relating to the amounts of sludge disposed and the disposal sites used, is held. The legislation provides limitations on the crops that can be grown on this land and their use.

2k

The Protection of Water against Agricultural Nitrate Pollution (Scotland) Amendment Regulations 2005

These Regulations amend the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 ("the 1996 Regulations"). The 1996 Regulations gave effect to Council Directive 91/676/ EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (O.J. No. L 375, 31.12.91, p.1). The schedule to these Regulations set out (1) the criteria for identifying Nitrate Vulnerable Zones; (2) the method for monitoring waters; and (3) the provisions to be included in the Action Programme for Nitrate Vulnerable Zones.

2l

Animal Health and Welfare Strategy for Great Britain (2004)

The AHWS was developed as a set of guiding principles with a clear expectation that delivery would specific in each country. The main focus of the Strategy's development was the need to clarify roles and responsibilities in animal health and welfare and promote a proactive approach to its management. It also provided an opportunity to make a strategic approach to management of animal health and welfare and making further links across a wide range of work. The Strategy's delivery in Scotland is being driven by an Advisory Group consisting of senior members of the science, veterinary profession, welfare and industry communities. The Group's work is set around 4 pillars and the expected outcomes are higher levels of animal health and welfare. This is important to society (particularly important to the farming industry needing to demonstrate benefits to provide post cap reform); the animals themselves and industry

Land management

3a

Deer Commission (2001) Deer Commission for Scotland The Long Term Strategy

'Overall, wild deer will be viewed as a valued asset that is managed on a sustainable basis to produce a wide range of economic, social and environmentalbenefits both locally and in the wider public interest'.

Aims of the Strategy:

  • To contribute to develpment of a public policy framework that will enable the Vision to be realised.
  • To secure an effective system of local deer management across the deer range.
  • To make effective use of the regulatory provisions that can be applied by the DCS.
  • To ensure the provision of adequate information, advice and training to promote best practice in deer management.
  • To undertake and support adequate relevant deer-related research.

To deliver effective and efficient administration of the DCS.

3b

Land Management Contracts, SEERAD

CAP Reform allowed the introduction of Land Management Contracts in Scotland from the 1 st of January 2005. The focus of LMCs is on delivering public goods for public funding. The LMC concept has three components:

  • Tier 1 payment for securing a basic level of environmental protection, food safety and animal welfare;
  • Tier 2 LMC Menu Scheme - payment for delivering widespread benefits relating to economic, social and environmental improvement. This includes measures relating to forestry and woodlands;
  • Tier 3 - to be launched in 2007 with the aim of providing payment for specific tailored economic, social and environmental enhancement on a more competitive and prioritised basis.

The Menu Scheme includes funding options for Farm Woodland Planning (creating a Plan to help identify opportunities for applying to the SFGS) and Farm Woodland Management (funding for active management woodlands not covered by any other grant scheme).

It is currently anticipated that the SFGS will ultimately be merged with LMC Tier 3.

Forestry

4a

Forestry Commission Scotland ( FCS) (2006) Revised Scottish Forestry Strategy Consultation Document, 2006

A revised Scottish Forestry Strategy has been prepared and an SEA on the strategy completed. The revised strategy and the SEA Environmental Report are currently out for consultation. This strategy and the comments from the consultation period will be included in the SRDPSEA process.

4b

FCS (2004) The UK Forestry Standard: The Government's

Approach to

Sustainable Forestry

The two central aims of the Standard are

  • the sustainable management of our existing woods and forests; and
  • a steady expansion of tree cover to increase the many diverse benefits that forests provide.

Within this, key objectives include:

  • Maintaining or improving the stability of soil condition (forest soil condition)
  • Protect or improve water quality (water quality, yield and discharge)
  • Protect and enhance value of forests as carbon sinks and stores (net carbon sequestration and air pollution)
  • Maintain contribution of timber production to the economy
  • Conserve and enhance biodiversity in and around woodlands (nature conservation
  • Safe and efficient workforce activities
  • Opportunities are enhanced for rural development; access and recreation; quality of life; awareness and participation; community involvement; and skills training
  • Protect and enhance cultural heritage and landscape quality.

4c

FCS Corporate Plan 2005-2008

Sets out objectives for the FCS which focus on both internal activities and structures and outputs from the organisation. Relevant strategic aims and objectives include:

  • Promote the expansion and sustainable management of woodlands
  • Increase the contribution of woodlands to sustainable economic growth
  • Develop the potential of woodlands to help improve the health and well being of all sectors of society
  • Increase the contribution of woodlands to the enhancement of our natural and cultural heritage.

Emphasises the growing need to focus on climate change and contribution of woodlands to reducing net carbon dioxide emissions through carbon sequestration and use in energy production.

Also notes that there should be greater contribution of the sector to sustainable construction. Notes that the SFS aimed to increase the area covered by woodland from 16% of the land area to 25% by the middle of this century.

Positive diversification of species is a further aim, as well as avoiding negative landscape impacts, restoring and creating new native woodlands, protecting and enhancing habitats and species and increasing biodiversity levels within woodlands with low levels of interest or structural diversity.

Sustainable development

5a

Scottish Executive, (2003) Partnership for a better Scotland: Partnership Agreement

Sets out the policies and direction for government over the 4 years from publication. States a vision for 'a Scotland that delivers sustainable development; that puts environmental concerns at the heart of public policy and secures environmental justice for all of Scotland's communities'.

There are five primary objectives within the agreement: Growing Scotland's Economy growing (sustainably) the Scottish economy

Delivering excellent public services

Supporting stronger, safer communities

Developing a confident, democratic Scotland

Working together in partnership

4e

Scottish Executive (2005) Choosing our Future: Scotland's Sustainable Strategy, December 2005

This document sets out five principles which are key to the ambitions for Rural Scotland:

  • Living within environmental limits:
  • Ensuring a strong, healthy and just society:
  • Achieving a sustainable economy;
  • Promoting good governance; and
  • Using sound science.

5b

Scottish Executive (2004) National Planning Framework for Scotland

Links to the partnership agreement

Non-statutory framework to guide the spatial development of Scotland to 2025.

The key aims of the strategy for Scotland's spatial development to 2025 are:

  • to increase economic growth and competitiveness;
  • to promote social and environmental justice; and
  • to promote sustainable development and protect and enhance the quality of natural and built environments.

SEA has been carried out for the NPF

SEA ASSESSMENT:

All of the aims are likely to have some positive effects on the environment. Increased economic growth and competitiveness can deliver a higher quality of life, improved infrastructure and better environments. A commitment to environmental justice can ensure improved living environments and better health for disadvantaged communities. However, care will need to be taken to ensure that development promoted in furtherance of economic growth and competitiveness complements and reinforces environmental aims and objectives. Proposals will need to be carefully assessed at the development plan and project stages.

5c

Scottish Executive et al (2005) One future - different paths - The UK's shared framework for sustainable development

Sets out the guiding principles that have to be adhered to in order to achieve the goal of sustainable development. The following principles set out the framework for all sustainable development policy within the UK:

  • Living within environmental limits
  • Ensuring a strong, healthy and just society
  • Achieving a sustainable economy
  • Promoting good governance
  • Using sound science responsibly

5d

Scottish Executive Environment Group (2005) Indicators of Sustainable Development for Scotland, Progress Report

The report identifies a number of indicators of sustainability development and notes that the following indicators have moved in the wrong direction from the previous year:

  • work: people as a resource
  • Energy: renewable
  • travel: distance
  • travel: mode
  • home life
  • social concern

Natural Heritage (landscape, biodiversity etc.)

6a

Scottish Executive (May 2004) Scotland's Biodiversity- It's In Your Hands. A strategy for the conservation and enhancement of biodiversity in Scotland

Vision: 'It's 2030: Scotland is recognised as a world leader in biodiversity conservation. Everyone is involved; everyone benefits. The nation is enriched'

Aim: "To conserve Biodiversity for the health, enjoyment and well being of the people of Scotland now and in the future".

Objectives: this sets out five main objectives relating to:

  • Species and habitats;
  • People;
  • Landscapes and ecosystems;
  • Integration and Ecosystems; and
  • Knowledge.

6b

Scottish Executive (2005) Scotland's Biodiversity - It's In Your Hands. Strategy Implementation Plans

This document implements a series of strategies to implement the objectives of the 2004 strategy for the period 2005 - 2007. The plans were developed with reference to three broad sectors: Urban; Rural and Marine, and cover two crosscutting issues: interpretation, communication and education ( ICE); and local delivery.

6c

Nature Conservation (Scotland) Act 2004

The Act sets out provisions relating to biodiversity duties, Notification of SSSIs, Nature Conservation Orders to prohibit an operation, Land Management Orders for SSSIs to ensure conservation, restoration or enhancement. The overall aim is wildlife protection. Fossils are also included within the legislation.

5d

Scottish Executive, (2002) National Planning Policy guideline No. 14 on Natural Heritage

Sets out land use planning considerations relating to natural heritage, including the conservation and possible enhancement of:

  • the overall populations and natural ranges of native species and the quality and range of wildlife habitats and ecosystems;
  • geological and physiographical features;
  • the natural beauty and amenity of the countryside and the natural heritage interest of urban areas; and

opportunities for enjoying and learning about the natural environment

6e

Scottish Executive, (2006) Enhancing our care of Scotland's Landscapes consultation document.

This consultation document proposes legislation to give ministers powers to designate, re-designate or revise the boundaries of any National Scenic Areas ( NSA) and proposes a statutory definition of purpose including criteria for designation of NSAs.

6f

The Conservation (Natural Heritage &c.) Regulations 1994

These Regulations implement the Habitats Directive in Scotland, England and Wales

6g

Scottish Executive (2000) Natural Conservation: Implementation in Scotland of EC Directives on the conservation of natural habitats and of wild flora and fauna and the conservation of wild birds ('The Habitats and Birds Directives')

This circular replaces Scottish Office Circular 6/95 and takes account of certain changes in policy. It provides guidance on the implementation of EC Directive 92/43/ EEC (Habitats Directive) and 79/409/ EEC (Birds Directive) in Scotland and should be read in conjunction with NPPG14 on Natural Heritage

6h

SNH (2006) Making a Difference for Scotland's Species: A framework for Action (Consultation paper)

This current consultation paper proposes a list of species where focused effort and resources over the next 3-5 years could make the most difference to biodiversity. It explains the rationale behind the list, and why and when species management is appropriate. Embedded in these aims, criteria and guiding principles is a proposed policy framework aimed primarily at species management for conservation, although parts will still be relevant to species management for pest, game or fisheries.

6i

Scottish Executive (2001) The Nature of Scotland: A policy Statement

This document sets out the action which has been taken to date to protect and enhance Scotland's nature and sets out a series of specific proposals related to biodiversity and SSSI reform.

Historic Environment

7a

Passed to the Future: Historic Scotland's Policy for the Sustainable Management of the Historic Environment, (2002)

Sets out the Scottish Executive's policy for the sustainable management of the historic environment.

It notes the irreplaceable nature of historic environment features, but also sets out the following key principles to guide the parameters in which change can take place:

  • recognising value - in terms of quality of life and as a means of meeting social, environmental and economic needs
  • good stewardship - taking into account capacity for change and the sustainable use of resources
  • assessing impact - following the precautionary principle where impact is not clear

working together - to reduce damage, resolve conflict and maximise benefit.

7b

English Heritage (2005) Easy Access to Historic Landscapes

This document, produced in consultation with Historic Scotland provides information for managers and owners to make their historic landscapes (and gardens) more accessible to all.

7c

NPPG5: Archaeology and Planning

This National Planning Policy Guideline ( NPPG) sets out the Government's planning policy on how archaeological remains and discoveries should be handled under the development plan and development control systems, including the weight to be given to them in planning decisions and the use of planning conditions. The guidance is aimed at planning authorities in Scotland, and is also of direct relevance to developers, owners, statutory undertakers, government departments, conservation organisations and others whose actions have a direct physical impact upon the natural or built environment

7d

NPPG18: Planning and the Historic Environment

This National Planning Policy Guideline ( NPPG) deals primarily with listed buildings, conservation areas, world heritage sites, historic gardens, designed landscapes and their settings. It complements NPPG5 Archaeology and Planning, which sets out the role of the planning system in protecting ancient monuments and archaeological sites and landscapes. It sets out the Government's planning policies in relation to the historic environment with a view to its protection, conservation and enhancement.

7e

Scottish Historic Environment Policy ( SHEP1) a consultation

SHEP1 is one of a series of polices which will be produced by Historic Scotland which will set out the Scottish Ministers' vision and strategic polices for the wider historic environment, and provide greater policy direction for Historic Scotland. SHEP1 is the overarching policy statement for the historic environment providing a framework for more detailed strategic polices and operational polices that inform the day to day work of a range of organizations that have a role and interest in managing the historic environment.

Economic development

8a

Scottish Executive (2004) Framework for Economic Development in Scotland

The Vision of the Framework is ' to raise the quality of life of the Scottish people through increasing the economic opportunities for all on a socially and environmentally sustainable basis.'

Key objectives include economic growth, regional development and closing the opportunity gap. Sustainable development is also a key aim, and the framework focuses on more efficient and profitable production, using fewer raw materials; adding more value to products with less pollution and waste in the process; and more consumer needs fulfilled with less energy, water or waste.

8b

Scottish Executive (2001) A Smart Successful Scotland, Ambitions for the Enterprise Networks

This strategy aims to provide support to businesses through the Local Enterprise Companies ( LEC) network. It also emphasises the importance of fostering and maintaining good global connections, and marketing Scotland as a place to invest, partly on the basis of its high quality environment. Skills and learning are also emphasised.

8c

Highlands and Islands Enterprise ( HIE) (April 2002) Smart Successful Scotland: The Highlands and Islands Dimension

The HIE Strategy has a similar set of goals to those defined for the Scottish Enterprise network. It emphasises the importance of helping people throughout the Highlands to realise their full potential in a way which is sustainable in the long term. There is a particularly strong commitment to community support through business.

Priorities for action include:

Achieving enhanced sustainability in the primary activities of agriculture, aquaculture, forestry and fishing through market adaptation, diversification and production efficiencies.

8d

Scottish Executive (2005) A Smart Successful Scotland 2005

This is a revised version of the document of a similar name first produced in 2001. This revised document is similar to the original document but focuses on the importance on key national industry sectors and their sustainable growth. The key sectors include food and drink and tourism and the document provides an overarching link for a range of strategies addressing business, economic, environmental and social sustainability.

8e

Going for Green Growth: A Green Jobs Strategy for Scotland (2005)

This green jobs strategy complements and adds to A Smart, Successful Scotland ( SSS), and has a similar function in that it will be our green enterprise strategy for Scotland and provide strategic guidance for the Enterprise Networks. It supports Scotland's commitment to sustainable development in SSS and also takes into account the other crosscutting themes in SSS, namely closing the gap in economic opportunities and promoting equal opportunities, enabling all communities to benefit. We intend the green jobs strategy to be a strategy for the medium to long term and will ensure it remains relevant and reflects changing circumstances.

Water

9a

SNH (2005) Natural Heritage Future - Freshwaters (2005)

This document is one of a series which aims to guide the future management of the natural heritage towards 2025, within the wide context of sustainable development. The document details national objectives for the natural heritage of freshwaters and presents a list of priorities which will inform SNH's input to plans and strategies for various sectors and geographical areas including the SRDP.

9b

Water Environment and Water Services (Scotland) Act 2003

The Act translates the EC Water Framework Directive into the Scottish context. It includes a number of key commitments relating to Scotland's water environment:

  • Establishing River Basin Management districts;
  • Preparing River Basin Management Plans;
  • Regulation of controlled activities (including those likely to cause pollution to the water environment, those involved in abstraction, and those from construction on or near to water).

9c

Scottish Executive (2005) Diffuse Water Pollution from Rural Land Use Consultation Paper 2005

This consultation paper outlines the existing regulatory framework for controlling impacts resulting from rural land use, identifies the scope for good practice to minimise pollution, and discusses the incentives for preventive action. It recommends a system of general binding rules in line with CAR (see below) for farming and other rural land uses.

9d

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (" CAR") are made under the Water Environment and Water Services (Scotland) Act 2003 (" WEWS Act"), which transposed the Water Framework Directive (2000/60/ EEC) in Scotland. They establish a framework to protect and manage our water resources, with 3 tiers of control, based on an assessment of the risk posed to the water environment.

The Regulations cover all activities that abstract, impound or discharge water; modify the shape of a water body or are liable to cause point source or diffuse pollution. Modifications to watercourse shape include engineering works such as the construction of fords, culverts and bridges; work on banks to prevent erosion; the removal of sediment from watercourses, including maintenance of ditches and the construction of intakes and outfalls.

These Regulations supersede a number of previous disparate controls, including the discharge provisions of the Control of Pollution Act 1974 (" CoPA") (as amended).

9e

SEPA (2005) Scottish River Basin Management Planning ( RBMP) Strategy

The Strategy sets out the following:

  • Developing administrative arrangements and principles to support RBMP production;
  • Delivering effective participative and consultative opportunities; and
  • Effectively integrating the RBMP with other plans and planning.

SEPA will work with the agricultural industry and the Forestry Commission Scotland to ensure that rural issues including forestry and agriculture are considered during, and integrated within, RBMP production.

9f

Scottish Executive (2006) Better bathing waters: meeting the challenges of the revised Bathing Water Directive in Scotland (March 2006)

The Strategy is the Executive's national policy statement following the revision of the Bathing Water Directive. Actions included in the Strategy are:

1. Continued work on improving sewerage infrastructure;

2. Industrial discharges to be regulated under CAR; and

3. Tackle diffuse pollution through General Binding Rules for agriculture, possible LMC measures or further measures under CAR.

Soil

10a

Scottish Executive et all (2005) Farm Soils Plan, 2005

This document was produced to provide straightforward guidance for arable farmers on ways to minimise pollution and benefit businesses through good soil management. The report explains the role good soil management plays in the achievement of environmental objectives for water, air and climate change as well as detailing why soils themselves require protection.

10b

EU Communication 'Towards a Thematic Strategy for Soil Protection'

The emerging Soil Strategy, yet to be implemented aims to reduce soil pollution, erosion, compaction and sealing of soil. It also aims to protect the role of soil in storing CO 2, avoiding water pollution and preserving biodiversity. Protection of the sustainable production of food and renewable resources is a further aim.

Air quality and Climate Change

11a

DETR (January 2000) The Air Quality Strategy for England, Scotland, Wales and Northern Ireland, Working Together for Clean Air.

The Air Quality Strategy sets out objectives for eight main air pollutants in order to protect health: benzene; 1,3-butadiene; carbon monoxide; lead; nitrogen dioxide; ozone; particles (PM10); and sulphur dioxide.

Local authorities are charged with drawing up their own strategies to tackle the air quality objectives in their areas.

11b

Scottish Executive (2001) Potential adaptation strategies for Climate Change in Scotland

Identifies full range of potential adaptation strategies for Scotland, including those specifically relating to agriculture, forestry, fishing and biodiversity.

Emphasises the importance of flexible resource management and the need to move on from defining conservation objectives on the basis of single species or fixed locations as these may no longer be achievable.

The Strategy notes that: the fragmented and often overlapping nature of policies for forestry, agriculture and biodiversity impedes appropriate adaptation strategies. In the medium-term, drivers of change from agriculture, from mitigating greenhouse gas emissions, from sustainability issues and from the protection of biodiversity may lead to a blurring and perhaps complete removal of the distinctions between policies for forestry, agriculture and biodiversity.

The report states that the role of forestry is to:

  • Consider changes in management practices in response to climate trends and impacts;
  • Be aware of the likely impacts of climate change on woodland species and ecosystems;

Engage with other interests in ensuring that trees and forests play a full role in the UK in mitigating the damaging impacts of climate change.

11c

Scottish Executive (2006) Changing our Ways Scotland's Climate Change Programme

This new Programme quantifies, for the first time, Scotland's equitable contribution to UK commitments on climate change, including the Kyoto target and more ambitious domestic goal on CO2 emissions. It also sets a Scottish Target to exceed Scotland's fair share in devolved policy areas by an additional 1 million tonnes of carbon (MtC) savings in 2010.

It emphasises the contribution all can make towards the Scottish Share and Target and provides a framework for stronger action.

A contribution from the forestry sector has been set at annual savings of 0.6 MtC by 2010, rising to 1 MtC annually in 2020. This will be achieved through a range of measures including afforestation in appropriate situations, encouraging use of biomass and wood fuel.

Agriculture also has a role to play in mitigating emissions, particularly of methane from livestock, and also nitrous oxide, and adapting to the impacts of climate change. Climate change presents significant business opportunities for agriculture (e.g. new markets for biomass) which need to be maximised. The new stakeholder group and commitment to develop an action plan by the end of 2006 will help do this.

Soils policy is also important in climate change terms as Scotland's soils act as a significant carbon sink. Encouraging land management practices which preserve or enhance this carbon sink is important.

11d

The Pollution Prevention and Control (Scotland) Regulations 2000

These Regulations are made under section 2 of the Pollution Prevention and Control Act 1999. They set out, for Scotland, a pollution control regime for the purpose of implementing the Integrated Pollution Prevention and Control Directive (Council Directive 96/61/ EC) and for regulating other environmentally polluting activities not covered by the Directive. Intensive agriculture is covered under this legislation and issues relating to emissions to air and water and the disposal of waste are considered in this legislation.

Tourism and Access

12a

Scottish Executive (2002) Tourism Framework for Action 2002:2005

The Strategy aims to establish Scotland as a 'must-visit' destination where visitors' needs come first, and tourism makes a vital contribution to economic growth. Although it is essentially economically led, the Strategy notes the importance of the country's high quality environment in attracting visitors. It aims to develop the following three priorities:

  • Develop a better and stronger market position for Scotland with clearly defined brands and products
  • Be consumer focussed, driving quality standards
  • Enhance the status of tourism in Scotland, including integration with other sectors such as retailing, transport and rural development.

12b

Scottish Outdoor Access Code

This code supports the Land Reform (Scotland) Act 2003 which can into effect in February 2005 and serves to promote responsible behaviour by land owners and those accessing Rural Scotland increased access and recreation in Rural Scotland. (see also reference 1a).

12d

Scottish Executive (1999) National Planning Policy Guideline ( NPPG) No 11 - Sport, Recreation and Physical Activity

This NPPG is currently under review and it is proposed that it will be renamed 'Sport and Outdoor Recreation' and will have a wider focus on access and recreation in both urban and rural areas.

12e

Scottish Executive (2005) Guidance for Core Path Planning

This is intended primarily for those who are taking the lead in the preparation of Core Paths Plans, but it will also be helpful to anyone who has a part to play in the process, for example access authority and public agency staff, local access forum members, land managers, community activists and recreational organisations.

12f

Scottish Executive (2005) Guidance For Local Authorities and National Park Authorities on Part 1 Land Reform (Scotland) Act 2003

The guidance gives advice on Outdoor access strategies, Core Paths and Local Access Forums and provide information on: Outdoor Access Strategies, Core Paths, and Local Access Forums.

12g

Scottish Tourism: The Next Decade (2006)

This document details the developments in the Scottish Tourism market s required to ensure the changing needs of the tourism industry (the increased demand for short breaks, activity holidays and those offering health benefits) over the next decade are met.

Transport

13a

Scottish Executive (2002) Scotland's Transport Delivering Improvements

Vision: ' Working together to build a

sustainable, effective and integrated transport system'.

13b

Scottish Executive (2004) Scotland's Transport Future the Transport White Paper (2004)

The objectives of the White Paper are::

  • promote economic growth by building, enhancing, managing and maintaining transport services, infrastructure and networks to maximise their efficiency;
  • promote social inclusion by connecting remote and disadvantaged communities and increasing the accessibility of the transport network;
  • protect our environment and improve health by building and investing in public transport and other types of efficient and sustainable transport which minimise emissions and consumption of resources and energy; and
  • improve safety of journeys by reducing accidents and enhancing the personal safety of pedestrians, drivers, passengers and staff;

Renewable Energy

14a

Scottish Executive (2003) Securing a future: Scotland's Renewable Energy

Notes the Scottish Executive's target of achieving 18% of electricity generation in Scotland from renewables by 2010. Includes a commitment to biomass generation in Scotland and notes the importance of the industry's role in achieving this. Also discusses opportunities arising from biofuel initiatives, including short rotation coppice and co-products from timber operations and agriculture.

Health

15b

Scottish Executive (2003) Let's Make Scotland More Active

The Strategy focuses on the need to increase physical activity amongst Scotland's population and sets targets of achieving 50% of adults and 80% of children meeting at least the minimum recommended levels of physical activity by 2022.

To achieve the required 1% annual increase, the Strategy focuses on ensuring that physical activity is encouraged across the population as a whole, and targeting specific communities for basic changes in activity levels.

15c

Scottish Executive (2003) Improving Health in Scotland - The Challenge

Addresses wider health issues and aims to improved life expectancy. Also aims to reduce health inequalities between deprived and affluence people. Aims to 'mainstream' health policy so that it becomes an integral part of wider public sector policies.

15d

Scottish Executive (2004) Eating for Health: meeting the challenge

This document provides the strategic framework for implementing the Executive's commitment to healthy diets and ensuring that all customers have access to affordable, nutritious food.

15e

Scottish Executive (2003) Hungry for Success

This initiative has improved the nutritional standard of food served in schools and now similar initiatives are underway for care homes, hospitals and prisons. These initiatives offer scope for increasing the use of fresh produce produced in local farms.

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Page updated: Tuesday, April 1, 2008