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Implementing the Water Environment and Water Services (Scotland) Act 2003: Promoting an Integrated Approach - A Policy Statement

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1. INTRODUCTION

Under the Water Environment and Water Services (Scotland) Act 2003 (the WEWS Act), Scottish Ministers, SEPA and public bodies have a general duty to protect the water environment when carrying out their wider functions. In certain circumstances, the WEWS Act provides powers to designate certain functions of Ministers, SEPA, and other public bodies, bringing this general duty into sharper focus and providing greater certainty of co-ordinated and successful outcomes.

This policy statement aims to highlight Ministers' responsibilities in relation to the water environment. Our equivalent policy in relation to public bodies was previously set out in our policy statement of 2006. 1 For a complete picture, these policy statements should be read together.

This paper also provides a platform for highlighting the need for an integrated approach to the delivery of our WFD obligations. In many cases a collaborative approach is already being adopted, and this is leading to real benefits 'on the ground'. Such an integrated approach to policy development and delivery will enable us to maximise the sustainable use of Scotland's water resources.

Relevant Enactments - General Purpose and Principles

Section 2 of the 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. WEWS

It also gives the Scottish Ministers the power to specify, by order, any piece of legislation as a and those functions are relevant to the water environment. SEPA Relevant Enactment where that legislation gives statutory functions to the Scottish Ministers and/ or WEWS

The Scottish Ministers and 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. SEPA

In addition, section 2(4) of the must, in exercising their functions under the relevant enactments to secure compliance with the Directive - SEPA Act provides that the Scottish Ministers and WEWS

- 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 Responsible Authorities, with a view to co-ordinating the exercise of their respective functions.



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Page updated: Tuesday, July 15, 2008