NATIONAL STAKEHOLDER FORUM
27th/28th April 2004
THE WAY FORWARD: DIFFUSE POLLUTION AND REMEDIAL
AND RESTORATION WORKS
Francis Brewis Scottish Executive
General Introduction
Following the release of the Controlled Activities
Regulations Consultation Paper we propose to develop policy
and legislation on the following subjects:
- Diffuse Pollution
- Remedial and Restoration
Regulations
Diffuse Pollution
Diffuse pollution is an increasing proportion of the
pollution total in the water bodies of Scotland. Pollution
from multiple, unintended and often unknown sources has
long been accepted by Government, regulators and pressure
groups as a threat to the environment. There is no single
piece of legislation that deals comprehensively with
diffuse pollution, but there are a number of domestic and
European provisions that deal with particular aspects.
There are also a number of good practice initiatives
currently in hand to reduce pollution from diffuse sources,
both urban and rural. However, it is clear that such
measures do not fully satisfy the requirements of the Water
Framework Directive.
The Executive has set up a Working Group with key
stakeholders to develop in partnership a range of
"instruments" to control diffuse pollution. The Executive
plans to consult on proposals for the control of diffuse
pollution later in 2004. The Group includes representatives
of SEPA, Scottish Water, Scottish Natural Heritage, the
Scottish Agricultural College, the National Farmers Union
of Scotland and the Environment Link.
Remedial and Restoration Regulations
In addition to the proposed control regimes outlined in
the Controlled Activities Regulations consultation paper,
during the coming year we need to address, in partnership
with SEPA and other key stakeholders, requirements under
Section 22 of the WEWS Act. This section concerns
remedial and restoration measures to remedy any detrimental
effects to the water environment. Such measures might
include, for example the removal of a redundant weir or
lade, or the cleaning up of historical pollution from
disused or abandoned works. Section 22 gives Scottish
Ministers powers to introduce regulations to achieve these
measures and, in particular, to
· enable SEPA or other authorities to carry out
work to remedy or mitigate the effects of pollution, or to
restore or improve the characteristics of water bodies
or
· determine whether others are responsible for
the remedial or restorations measures.
Inevitably, the legislation will need to take account
of other domestic and European legislation. A small Working
Group of representatives from SEPA, Scottish Natural
Heritage, and the Executive has recently been established
to draw up proposal, on which we shall consult later in the
year.
Key Issues For Discussion
Diffuse Pollution
· What do you see as the major issues for the
working group?
· What do you think are the key activities/
sectors?; How do you think they should be grouped?
· What do you think are the priority
pollutants?
· Are there areas of good practice, codes of
practice, or where solutions already in existence?
· Where do you feel the major policy gaps
are?
Remedial and Restoration Regulations
· What do you see as the major issues for the
working group?
· What can be learned form existing practices? -
E.g. SEPA code of practice with the Coal Authority to
tackle pollution from abandoned mines.
· Who will pay for restoration and remedial
works, and who will pay for subsequent maintenance?
· Industrial heritage and archaeology issues?
· Mitigation measures, including floods?