PURPOSE OF CONSULTATION
This consultation seeks views on proposals to introduce a new regime for ensuring the risk from flooding from reservoirs in Scotland is appropriately managed. The new regime will be required to deliver a proportionate system which protects the public from the risk of flooding from reservoirs without placing unnecessary burdens on reservoir undertakers.
There are two distinct parts to this consultation. Firstly, in chapter 2, we are seeking views on proposals to implement Part 7 of the 2009 Act. Secondly, in chapter 3, we are seeking views on proposals to make further improvements to reservoir safety legislation through the introduction of a new risk based regime.
The 2009 Act was enacted in June 2009. The "Flooding Act" made a number of changes to the 1975 Act. Views were sought on these changes through the consultation on "The Future of Flood Risk Management in Scotland". In order to implement these changes, further views are sought on the more detailed legislation which is required to take them forward. The proposals, which are described in more detail in the paper, will:
- Introduce regulations for a post incident reporting regime; and
- Introduce regulations for reservoir flood plans.
In line with DEFRA's proposals to update the reservoir safety regime in England and Wales, the Scottish Government intends to further amend the 1975 Act and introduce a risk based reservoir safety regime for Scotland. The improvements made to reservoir safety legislation through the 2009 Act will be complemented by the proposed provisions in the new Bill. In this consultation the Scottish Government is seeking views on:
- A number of models which could be used to implement a risk-based regime
- Proposals to place a requirement for all reservoirs above a minimum volume capacity (10,000 cubic metres) to be included on a SEPA register;
- Proposals to require SEPA to classify each reservoir according to whether it poses a threat to human life, property and critical infrastructure, or meets technical conditions (to be specified) which in effect mean the risk is negligible;
- Proposed duties of reservoir managers; and
- The role of panel engineers in the proposed models
The legislation will not cover the emergency response to a flooding event from a Reservoir, as this comes under the auspices of the Civil Contingencies legislation.
The legislation will not cover wider health and safety aspects of reservoir management, as this comes under the auspices of the Health and Safety legislation.
We welcome your responses to the specific questions outlined in chapters 2 and 3 of this document and any other comments you may have generally. This is a public consultation so anyone is welcome to respond. We have, however, invited a number of practitioners, professionals and academics with a direct interest in Reservoir Safety to give their views. A list of these consultees is included in Annex B.