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(1) The purpose of this Part is to make provision for or in connection with protection of the water environment, including making provision, and enabling provision to be made, for or in connection with implementing Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy (referred to in this Part as “the Directive”).
(2) In this Part “protection of the water environment” includes, in particular—
(a) preventing further deterioration of, and protecting and enhancing, the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on those aquatic ecosystems,
(b) promoting sustainable water use based on the long-term protection of available water resources,
(c) aiming at enhancing protection and improvement of the aquatic environment through, amongst other things, specific measures for the progressive reduction of discharges, emissions and losses of priority substances and the cessation or phasing out of discharges, emissions and losses of the priority hazardous substances,
(d) ensuring the progressive reduction of pollution of groundwater and preventing further pollution of it, and
(e) contributing to mitigating the effects of floods and droughts,
with a view to contributing to the achievement of the aims specified in subsection (3).
(3) Those aims are—
(a) the provision of a sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use,
(b) a significant reduction in pollution of groundwater,
(c) the protection of territorial and other marine waters, and
(d) achieving the objectives of international agreements, including those which aim to prevent and eliminate pollution of the marine environment, in relation to which measures are adopted under paragraph 1 of Article 16 of the Directive in pursuance of a proposal under paragraph 3 of that Article.
(1) The Scottish Ministers and SEPA must exercise their functions under the relevant enactments so as to secure compliance with the requirements of the Directive.
(2) The responsible authorities must exercise their designated functions so as to secure compliance with the requirements of the Directive.
(3) Subsection (4) applies to—
(a) the Scottish Ministers in exercising their functions, and SEPA in exercising its functions, under the relevant enactments in pursuance of subsection (1),
(b) the responsible authorities in exercising their designated functions in pursuance of subsection (2).
(4) The Scottish Ministers, SEPA and the responsible authorities must—
(a) have regard to the social and economic impact of such exercise of those functions,
(b) so far as is consistent with the purposes of the relevant enactment or designated function in question—
(i) promote sustainable flood management, and
(ii) act in the way best calculated to contribute to the achievement of sustainable development, and
(c) so far as practicable, adopt an integrated approach by co-operating with each other with a view to co-ordinating the exercise of their respective functions.
(5) Without prejudice to subsections (1) to (4), the Scottish Ministers and every public body and office-holder must, in exercising any functions, have regard to the desirability of protecting the water environment.
(6) The Scottish Ministers may give directions (whether general or specific) and guidance to—
(a) SEPA, in relation to the exercise of its functions under the relevant enactments,
(b) the responsible authorities, in relation to the exercise of their designated functions;
and SEPA and the responsible authorities must comply with any such directions and have regard to any such guidance.
(7) Directions under subsection (6) may include provision for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.
(8) In this section—
“the relevant enactments” means this Part and such other enactments as the Scottish Ministers may by order specify,
“responsible authorities” means such public bodies and office-holders, or public bodies and office-holders of such descriptions, as the Scottish Ministers may by order designate for the purposes of this Part; and “designated functions”, in relation to a responsible authority, means such of the authority’s functions relating to the water environment as are specified in relation to the authority in an order made by the Scottish Ministers (whether or not the order designating the authority as a responsible authority).
(1) The following provisions have effect for the interpretation of this Part.
(2) “The water environment” means all surface water, groundwater and wetlands.
(3) “Surface water” means inland water (other than groundwater), transitional water and coastal water.
(4) “Groundwater” means water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.
(5) “Wetland” means an area of ground the ecological, chemical and hydrological characteristics of which are attributable to frequent inundation or saturation by water and which is directly dependent, with regard to its water needs, on a body of groundwater or a body of surface water.
(6) “Inland water” means—
(a) all standing or flowing water on the surface of the land (other than transitional water), and
(b) all groundwater,
within the landward limits of coastal water.
(7) “Transitional water” means water (other than groundwater) in the vicinity of river mouths which is partly saline in character as a result of its proximity to coastal water but which is substantially influenced by freshwater flows.
(8) “Coastal water” means water (other than groundwater) within the area extending landward from the 3 mile limit up to the limit of the highest tide or, where appropriate, the seaward limits of any bodies of transitional water, but does not include any water beyond the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland.
(9) “The 3 mile limit” means the limit consisting of a line every point of which is at a distance of 3 miles on the seaward side from the nearest point of the baseline from which the breadth of the territorial sea of the United Kingdom adjacent to Scotland is measured; and “miles” means international nautical miles of 1,852 metres.
(10) Nothing in this Part applies to any water contained in—
(a) artificial swimming pools,
(b) mains or other pipes belonging to Scottish Water or which are used by Scottish Water or any other person for the purpose only of providing a supply of water to any premises,
(c) water treatment works,
(d) sewers and drains which drain into sewers,
(e) sewage treatment works,
(f) artificially created systems for the treatment of pollutants.
(11) The Scottish Ministers—
(a) must deposit with SEPA maps showing what appear to them to be the landward and seaward limits of every body of transitional water,
(b) may, if they consider it appropriate to do so, deposit with SEPA maps showing the landward and seaward limits of coastal water,
(c) may, if they consider it appropriate to do so by reason of any change of what appears to them to be any of the limits referred to in paragraphs (a) and (b), deposit a map showing the revised limits.
(12) SEPA must make the maps deposited with it under subsection (11) available, at all reasonable times, for public inspection free of charge.
(13) In subsection (8), “the seaward limits of any bodies of transitional water” means the places for the time being shown as such in the latest map deposited under subsection (11).
(1) The Scottish Ministers must by order designate one or more river basin districts for the purposes of this Part.
(2) A river basin district is an area, identified in the order, comprising one or more river basins together with any relevant bodies of groundwater and bodies of coastal water which are to form part of that river basin district in accordance with subsection (3).
(3) A relevant body of groundwater or body of coastal water is to form part of the nearest river basin district or, if it appears to the Scottish Ministers that another river basin district is more appropriate, that district.
(4) An order under subsection (1) (a “designation order”) must identify each river basin district by reference to a map prepared for the purposes of the order and laid before the Scottish Parliament.
(5) The Scottish Ministers must send to SEPA a copy of—
(a) a designation order, and
(b) the map prepared in pursuance of subsection (4).
(6) SEPA must make the copies of the designation order and map available, at all reasonable times, for public inspection free of charge.
(7) In this section “relevant body of groundwater” means a body of groundwater which does not fully follow any particular river basin.
(1) SEPA must, by 22nd December 2004, carry out a characterisation of each river basin district.
(2) In this section “characterisation”, in relation to a river basin district, means—
(a) an analysis of the characteristics of the water environment,
(b) a review of the impact of human activity on the status of the water environment, and
(c) an economic analysis of water use.
(3) SEPA must review and, where necessary, update each characterisation carried out under subsection (1) by 22nd December 2013 and by the end of each period of 6 years thereafter.
(4) A characterisation under subsection (1) and a review under subsection (3) must be carried out in accordance with the technical specifications set out in Annexes II and III to the Directive.
(5) The Scottish Ministers may by regulations make further provision as to the characterisations and reviews to be carried out under this section, including provision as to—
(a) the criteria by reference to which characterisations and reviews are to be carried out, including criteria for designating bodies of surface water as artificial or heavily modified,
(b) the methods and procedures to be followed in carrying out characterisations and reviews.
(1) The Scottish Ministers must by order identify any bodies of water within each river basin district which—
(a) are used for the abstraction of water intended for human consumption and either—
(i) provide more than 10 cubic metres of such water per day, or
(ii) serve more than 50 persons, or
(b) are intended to be used as mentioned in paragraph (a).
(2) An order under subsection (1) may identify the bodies of water by reference to a map prepared for the purposes of the order and laid before the Parliament.
(3) The Scottish Ministers must send to SEPA a copy of—
(a) an order made under subsection (1), and
(b) any map prepared in pursuance of subsection (2).
(1) SEPA must, for each river basin district—
(a) by 22nd December 2004 prepare, and
(b) thereafter maintain,
a register of the protected areas lying (whether wholly or partly) within the district in accordance with regulations made by the Scottish Ministers.
(2) Such regulations may, in particular, make provision as to—
(a) the form and manner in which the register is to be prepared and maintained,
(b) the information which the register is to contain.
(3) In this section, “protected areas” means—
(a) any bodies of water identified under section 6, and
(b) the areas and bodies of water falling within subsection (4).
(4) The areas and bodies of water falling within this subsection are those for the time being designated or otherwise identified as requiring special protection under any Community instrument providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water, or any enactment implementing such a Community instrument, including, in particular—
(a) areas designated for the protection of economically significant aquatic species,
(b) bodies of water designated as recreational waters,
(c) nutrient-sensitive areas, and
(d) areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in the protection of the habitats or species.
(5) The Scottish Ministers may by regulations make such further provision for identifying, or enabling the identification of, the areas and bodies of water falling within subsection (4) as they consider necessary or expedient, including provision for identifying any of those areas or bodies of water by reference to—
(a) such Community instruments, or enactments implementing such instruments, as are specified in the regulations,
(b) such other criteria as may be specified in the regulations.
(6) SEPA must make the register available, at all reasonable times, for public inspection free of charge.
(1) SEPA must, in relation to each river basin district—
(a) carry out, or secure the carrying out of, monitoring of the status of the water environment and relevant territorial water adjacent to the district, and
(b) analyse, or secure the analysis of, the information obtained under paragraph (a).
(2) SEPA must prepare a programme for monitoring (whether by SEPA or other persons) the status of the water environment and relevant territorial water (a “monitoring programme”).
(3) Monitoring in accordance with the monitoring programme must be commenced by 22nd December 2006.
(4) Subsection (3) is subject to any provision made in regulations by virtue of subsection (5)(d).
(5) The Scottish Ministers may by regulations make provision—
(a) as to the nature and method of monitoring and analysis to be carried out (whether by SEPA or by other persons) for the purpose of subsection (1)(a),
(b) requiring persons other than SEPA to carry out such monitoring and analysis,
(c) as to the times at or by which, and the circumstances in which, such monitoring and analysis is to be carried out,
(d) for monitoring in accordance with the monitoring programme to be commenced in relation to such protected areas (within the meaning of section 7(3)) or descriptions of protected area as are specified in the regulations by such date (other than that specified in subsection (3)) as is specified in or determined under the regulations,
(e) as to the provision to SEPA of information resulting from such monitoring and analysis carried out by persons other than SEPA,
(f) as to the form and content of a monitoring programme,
(g) as to consultation and other procedure in connection with the preparation of a monitoring programme.
(6) The Scottish Ministers may issue guidance to SEPA or any other person on any matter in relation to which they have power to make regulations under subsection (5); and SEPA or, as the case may be, that person must have regard to the guidance.
(7) Subsection (6) is without prejudice to section 2(6).
(8) In this section “relevant territorial water” means so much of the territorial sea of the United Kingdom adjacent to Scotland as is not coastal water or transitional water.
(1) For the purposes of the river basin management plan for a river basin district SEPA must—
(a) set environmental objectives for each body of water in the district, and
(b) prepare a programme of measures to be applied to achieve those objectives.
(2) In setting environmental objectives and preparing a programme of measures under this section, SEPA must take account of the characterisation of the river basin district concerned (and any review of it) carried out under section 5.
(3) Environmental objectives may be set so as to apply with modifications in relation to particular descriptions of bodies of water or in particular circumstances.
(4) The Scottish Ministers may by regulations make further provision as to the setting of environmental objectives and the preparation of programmes of measures under this section.
(5) Regulations under subsection (4) making provision as to the setting of environmental objectives under this section may, in particular, include provision as to—
(a) the types of environmental objective which may be set for particular descriptions of body of water,
(b) the date by which and the criteria by reference to which such objectives are to be set,
(c) the methods and procedures to be followed in setting such objectives,
(d) the dates by which such objectives are to be achieved,
(e) particular descriptions of bodies of water in relation to which, or particular circumstances in which, such objectives are to apply with modifications.
(6) Regulations under subsection (4) making provision as to the preparation of programmes of measures under this section may, in particular, include provision as to—
(a) the types of measures which must or may be included in such a programme,
(b) the date by which such a programme is to be prepared,
(c) the methods and procedures to be followed in preparing such a programme.
(7) In this section, “environmental objectives” means the objectives required to comply with Article 4 of the Directive together with any objectives required to comply with paragraphs 2 and 3 of Article 7 of the Directive.
(1) SEPA must, by such date as the Scottish Ministers may direct, prepare and submit to them a river basin management plan for each river basin district in respect of such period as they may direct.
(2) A river basin management plan must include—
(a) the matters specified in Part 1 of schedule 1, and
(b) such other matters as the Scottish Ministers may by regulations specify.
(3) A river basin management plan—
(a) must (without prejudice to subsection (2)(b)) contain or be accompanied by such maps, diagrams, illustrations and descriptive matter as the Scottish Ministers may direct, and
(b) may contain or be accompanied by such other maps, diagrams, illustrations and descriptive matter as SEPA thinks appropriate for the purpose of explaining or illustrating any matter in the plan.
(4) Any such maps, diagrams, illustrations and descriptive matter are to be treated as forming part of the plan; and references to such a plan are to be construed accordingly.
(1) Not less than 3 years before the beginning of the period to which a river basin management plan is to relate, SEPA must publish a statement setting out—
(a) the steps under this section, and any other consultation measures, which it is to take in connection with the preparation of the plan, and
(b) the dates on or by which those steps and measures are to be taken.
(2) Not less than 2 years before the beginning of the period to which a river basin management plan is to relate, SEPA must publish a summary of the significant water management issues which it considers arise in relation to the river basin district in question.
(3) Not less than one year before the beginning of the period to which a river basin management plan is to relate, SEPA must publish a draft of the plan.
(4) Publication of a statement under subsection (1), a summary under subsection (2) and a draft plan under subsection (3) is to be in such manner as SEPA thinks fit.
(5) On publishing a statement, a summary or a draft plan SEPA must—
(a) publicise—
(i) that fact,
(ii) the arrangements for making copies of the statement, summary or draft plan available for public inspection in pursuance of paragraph (b), and
(iii) the opportunity to make representations about the statement, summary or draft plan under subsection (7),
(b) make copies of the statement, summary or draft plan available for public inspection free of charge for such period, which must be at least 6 months beginning with the date of its publication, as SEPA may determine,
(c) consult the persons specified in subsection (6),
(d) take such steps as it thinks fit for the purpose of encouraging those persons to participate appropriately in the preparation of the plan.
(6) The persons referred to in subsection (5)(c) are—
(a) Scottish Natural Heritage,
(b) Scottish Water,
(c) every responsible authority which has functions exercisable in or in relation to the river basin district in question,
(d) every local authority any part of whose area is within the river basin district,
(e) every district salmon fishery board any part of whose salmon fishery district is within the river basin district,
(f) where any part of the river basin district has been designated as a National Park, the National Park authority for that National Park,
(g) such persons as appear to SEPA to be representative of the interests of those carrying on any business which relies upon the water environment within the river basin district,
(h) such persons as appear to SEPA to have an interest in the protection of the water environment within the river basin district,
(i) such persons as appear to SEPA to have an interest in the promotion of sustainable flood management,
(j) such other persons as SEPA thinks fit.
(7) Any person who wishes to make representations to SEPA about a statement, summary or draft plan may do so within the period determined under subsection (5)(b).
(8) In preparing the draft river basin management plan SEPA must take into account—
(a) any views on the statement or summary relating to the plan expressed by those consulted under subsection (5)(c), and
(b) any representations about the statement or summary,
which are received by SEPA within the period determined under subsection (5)(b).
(9) In preparing the river basin management plan for submission to the Scottish Ministers SEPA must take into account—
(a) any views on the draft plan expressed by those consulted under subsection (5)(c), and
(b) any representations about the draft plan,
which are received by SEPA within the period determined under subsection (5)(b).
(10) Where SEPA is required under this section or section 12 or 13 to publicise any matter in connection with a river basin management plan, it—
(a) must do so by means of a notice published in—
(i) at least one newspaper circulating throughout Scotland, and
(ii) such local newspapers circulating in the river basin district in question, or any part of it, as it thinks fit, and
(b) may further publicise the matter by such electronic or other means as it thinks fit.
(1) As soon as a river basin management plan is submitted to the Scottish Ministers, SEPA must—
(a) publicise—
(i) that fact, and
(ii) the arrangements for making copies of the plan available for public inspection in pursuance of paragraph (b), and
(b) make copies of the plan available for public inspection free of charge.
(2) A river basin management plan submitted to the Scottish Ministers by SEPA must be accompanied by a statement—
(a) of the action taken by SEPA to comply with subsections (3) and (so far as relating to the draft plan) (4) to (6) of section 11,
(b) containing a summary of the views and representations referred to in subsection (9) of that section and of any adjustments made to the plan in light of those views and representations.
(3) If the Scottish Ministers, having considered the statement, are of the opinion that further action should be taken by SEPA in relation to the plan under subsections (3) to (6) of section 11, they may return the plan to SEPA and direct it—
(a) to take such further action under those subsections as they may specify, and
(b) to resubmit the plan with such modifications, if any, as SEPA considers appropriate by such time (if any) as the direction may specify.
(4) Where the Scottish Ministers return the plan to SEPA under subsection (3), they must state their reasons for doing so.
(5) This section applies, with the necessary modifications, in relation to a river basin management plan resubmitted to the Scottish Ministers in pursuance of subsection (3)(b) as it applies to the plan as originally submitted.
(1) After considering a river basin management plan submitted to them under section 10(1) or in pursuance of section 12(3)(b) or subsection (4) of this section, the Scottish Ministers may—
(a) approve it (in whole or in part and with or without modifications), or
(b) reject it.
(2) Before determining whether or not to approve a plan, the Scottish Ministers may request such further information and carry out such other investigations and consultation as they think fit.
(3) The Scottish Ministers must state their reasons for their determination under subsection (1) in relation to a plan.
(4) Where the Scottish Ministers reject a plan, they must return the plan to SEPA and direct it to resubmit the plan with—
(a) such modifications (if any) as the direction may specify, and
(b) any further modifications which SEPA considers appropriate,
by such time (if any) as the direction may specify.
(5) Where the Scottish Ministers approve a plan, SEPA must—
(a) publish the approved plan in such manner as it thinks fit,
(b) make copies of it available for public inspection,
(c) make copies of it available for sale at a reasonable price, and
(d) publicise—
(i) the publication of the approved plan, and
(ii) the arrangements for making copies of it available for public inspection in pursuance of paragraph (b).
Water Environment and Water Services (Scotland) Act 2003