REGULATORY FRAMEWORK
In order to deliver the WFD obligations in a proportionate way, the Scottish Government has introduced a holistic framework for the protection and improvement of Scotland's water environment, via three key work streams:
- Introduction of controls over activities likely to have an adverse impact on the water environment
- Review and amendment of existing water environment legislation
- Provisions to enable third party interests to be properly considered
1. Introduction of controls over activities likely to have an adverse impact on the water environment
The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR) came fully into force on April 1, 2006, CAR enables SEPA to control activities which may have an impact on the water environment and on the interests of other users of the water environment; and is therefore one of the key tools which will enable achievement of the environmental objectives identified through the RBMP process. It introduced a risk-based framework of controls such as general binding rules, registration and licences. There is a policy statement and regulatory impact assessment accompanying the CAR Regulations.
Additional general binding rules have subsequently been introduced to address a range of pressures including diffuse pollution:
The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007
The Water Environment (Diffuse Pollution) (Scotland) Regulations 2008
2. Review and amendment of existing water environment legislation
The new CAR regime superseded provisions under a range of existing legislation, including previous authorisations for abstractions or discharges. The Scottish Government has therefore carried out amendments to a range of legislation to integrate delivery of its water policy obligations with those of other policy areas, such as energy generation and water supply.
The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006
The Water Environment (Consequential Provisions) (Scotland) Order 2006
Together these Orders address Part II of the Control of Pollution Act 1974 (and associated secondary legislation), the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965, the Groundwater Regulations 1998, the Water (Scotland) Act 1980 (and existing local enactments), the Natural Heritage (Scotland) Act 1991, the Environment Act 1995 and the Environmental Protection Act 1990.
The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006
Consequential Amendments to the Electricity Act 1989, Existing Schemes & Local Enactments - A Policy Statement
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers) (No.2) Order 2006
Together these Orders address the Electricity Act 1989 (and existing local enactments), the Finance Act 1996 and the Landfill Tax Regulations 1996.
The Waste Management Licensing (Water Environment) (Scotland) Regulations 2006
These Regulations align the Waste Management Licensing Regulations 1994 with WEWS and CAR.
The Contaminated Land (Scotland) Regulations 2005
These Regulations align Part IIA of the Environmental Protection Act 1990 and the Contaminated Land (Scotland) Regulations 2000 with WEWS and CAR.
The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (Notices in the Interests of National Security) Order 2006
This Order empowers the Secretary of State (MoD) to issue a non-disclosure notice where he is of the opinion that disclosure of certain information in respect of controlled activities at defence sites would be contrary to national security interests.
To ensure appropriate links between the regimes for authorising hydropower developments, a policy statement was produced
3. Provisions to enable third party interests to be properly considered
In the course of its regulatory activities SEPA must aim to protect and improve the water environment but in determining how, and to what extent this should be done, it must take account of the social, economic and environmental needs of those who depend on the water environment for their livelihood or quality of life.
Scottish Ministers have published a policy statement setting out how this balance should be achieved; and specific legal provisions have been introduced to enable third party interests to be properly considered.