PART 1 continued CHAPTER 2 continued
(1) SEPA must, no later than 6 years (or such lesser period as the Scottish Ministers may direct) from the date on which a river basin management plan was approved under section 13, review and update the plan.
(2) Following such a review SEPA must, by such date as the Scottish Ministers may direct, prepare and submit to the Scottish Ministers a revised river basin management plan for the river basin district in question in respect of such period as the Scottish Ministers may direct.
(3) The revised plan must include (in addition to the matters required to be included by section 10) the matters specified in Part 2 of schedule 1.
(4) Sections 10(2) to (4), 11 to 13 and 17(3) apply in relation to the preparation, submission and approval of a revised river basin management plan.
(1) For the purpose of supplementing the river basin management plan for a river basin district—
(a) SEPA must—
(i) divide the district into such geographical areas as it thinks fit, and
(ii) prepare, for each of those areas, a plan in relation to water management within the area,
(b) SEPA or a responsible authority may, if it thinks fit, prepare a plan in relation to a particular aspect of water management within the district.
(2) A plan prepared under subsection (1)(b) may, for example, relate to—
(a) a particular description of body of water,
(b) a particular catchment or geographical area (whether or not an area determined in pursuance of subsection (1)(a)),
(c) a particular matter relating to the water environment,
(d) a particular description of user of water resources.
(3) A plan prepared under subsection (1)(a) or (b) is referred to in this Part as a “sub-basin plan”.
(4) A sub-basin plan must not be inconsistent with anything in the river basin management plan which it supplements.
(5) A sub-basin plan prepared under subsection (1)(b), so far as applying to an area determined in pursuance of subsection (1)(a), must not be inconsistent with the sub-basin plan prepared for that area under subsection (1)(a).
(6) SEPA or, as the case may be, the responsible authority must consult such of the persons specified or referred to in section 11(6)(a) to (j) as it thinks fit about a proposed sub-basin plan and must take into account any views expressed by those consulted.
(7) For the purposes of subsection (6) as it applies to a responsible authority, the references in section 11(6)(g) to (j) to SEPA are to be read as if they were references to that responsible authority.
The Scottish Ministers and every public body and office-holder must, in exercising any functions so far as affecting a river basin district, have regard to—
(a) the river basin management plan for that district as approved under section 13,
(b) so far as the exercise of the functions affects an area of the district determined in pursuance of section 15(1)(a), the sub-basin plan prepared for that area, and
(c) so far as relevant, any sub-basin plan prepared under section 15(1)(b) for the purpose of supplementing the river basin management plan for the district.
(1) Each river basin district is to have one or more River Basin District Advisory Groups.
(2) The function of each Advisory Group is to advise SEPA on any matter which—
(a) relates to the preparation of river basin management plans for the district, and
(b) is within the remit of the Group.
(3) SEPA must, in preparing a river basin management plan, have regard to any advice given by an Advisory Group.
(4) The number of Advisory Groups, and their remits, membership and procedure, are to be such as SEPA may determine.
(5) SEPA may determine the remit of an Advisory Group for any river basin district by reference to one or more of the following, namely—
(a) a particular sub-basin plan,
(b) a particular geographical area,
(c) any other particular aspect of water management within the district.
(6) In determining the number of Advisory Groups for any river basin district and their remits and membership, SEPA must seek to ensure appropriate representation of the interests of the persons specified or referred to in section 11(6)(a) to (h).
(7) SEPA may pay to members of an Advisory Group such expenses and allowances as it may determine.
(1) The Scottish Ministers and any responsible authority must, on being requested to do so by SEPA, provide SEPA with—
(a) such information in their or, as the case may be, its possession or under their or its control, and
(b) such assistance,
as SEPA may reasonably seek in connection with the exercise of any of SEPA’s functions under this Chapter.
(2) SEPA may serve a notice on any other person requiring the person—
(a) to provide SEPA, or a person authorised by it, in the form and manner specified in the notice, with such information, or
(b) to produce to SEPA, or to a person authorised by it, such documents,
as it may reasonably require in connection with the exercise of any of its functions under this Chapter.
(3) The information or documents required to be provided or produced in pursuance of a notice under subsection (2) must be specified or described in the notice.
(4) A notice under subsection (2) may require information to be provided or documents to be produced—
(a) at or by a time and at a place specified in the notice,
(b) in circumstances specified in the notice, or
(c) from time to time, in accordance with criteria specified in the notice.
(5) Where a responsible authority or, as the case may be, a person on whom a notice is served under subsection (2) cannot agree with SEPA on whether information is, or documents are, being sought or required reasonably under this section, either of them may refer the matter to the Scottish Ministers, whose decision is final.
(6) Nothing in this section authorises SEPA to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.
(7) References in this section to documents are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.
(8) Where by virtue of subsection (2) documents are produced to any person, that person may take copies of or make extracts from them.
(9) A person who—
(a) refuses or fails, without reasonable excuse, to do anything required of that person by a notice under subsection (2), or
(b) intentionally alters, suppresses or destroys a document which that person has been required by such a notice to produce,
is guilty of an offence.
(10) A person guilty of an offence under subsection (9) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum,
(b) on conviction on indictment, to a fine.
(1) The Scottish Ministers may by regulations make provision as to—
(a) the form and content of river basin management plans and sub-basin plans,
(b) the matters to be taken into account in preparing such plans,
(c) the procedures to be followed in connection with their preparation, submission, approval, review and modification.
(2) Such regulations may, in particular—
(a) provide for the notice to be given of, or the publicity to be given to—
(i) matters to be included or proposed to be included in any such plan,
(ii) the approval of any such plan,
(iii) any other procedural step,
and for publicity to be given to the procedures referred to in subsection (1)(c),
(b) make provision for documents and information relating to matters included in the plan to be made available to the public,
(c) make provision as to the making and consideration of representations with respect to any such plan,
(d) require or authorise—
(i) in relation to a river basin management plan, SEPA,
(ii) in relation to a sub-basin plan, SEPA or the responsible authority,
to consult, or consider the views of, other persons before taking any particular procedural step.
(3) This section is without prejudice to sections 10 to 15 and 17.
(1) The Scottish Ministers may by regulations make such provision for or in connection with regulating any activity (a “controlled activity”) as they consider necessary or expedient for the purposes of protection of the water environment.
(2) Such regulations may, in particular—
(a) make provision for or in connection with regulating the activities specified in subsection (3),
(b) otherwise make such provision for or in connection with the basic measures and supplementary measures mentioned in paragraph 2 of Article 11 of the Directive as the Scottish Ministers consider necessary or expedient for the purpose of facilitating the achievement of the environmental objectives set out in river basin management plans.
(3) The activities referred to in subsection (2)(a) are—
(a) activities liable to cause pollution of the water environment,
(b) abstraction of water from bodies of surface water or groundwater,
(c) the construction, alteration or operation of impounding works in bodies of surface water,
(d) building, engineering or other works in, or in the vicinity of, any body of inland surface water,
(e) activities connected with any of the activities specified in paragraphs (a) to (d).
(4) The provision which may be made in regulations under this section includes provision for any of the purposes specified in Part 1 of schedule 2.
(5) Part 2 of that schedule has effect for supplementing Part 1.
(6) In subsection (3)—
“abstraction”, in relation to a body of surface water or groundwater, means the doing of anything whereby any water is removed by mechanical means from that body of water, whether temporarily or permanently, including anything whereby the water is so removed for the purpose of being transferred to another body of water within the water environment,
“impounding works”, in relation to a body of surface water, means—
any dam, weir or other works in the body of water by which water may be impounded,
any works diverting the flow of water in the body of water in connection with the construction or alteration of any dam, weir or other works falling within paragraph (a),
“pollution”, in relation to the water environment, means the direct or indirect introduction, as a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm; and “harm” means—
harm to the health of human beings or other living organisms,
harm to the quality of the water environment, including—
harm to the quality of the water environment taken as a whole,
other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,
offence to the senses of human beings,
damage to property, or
impairment of, or interference with, amenities or other legitimate uses of the water environment.
(7) This section is without prejudice to section 22.
(1) Before making any regulations under section 20, the Scottish Ministers must consult—
(a) SEPA,
(b) every responsible authority,
(c) such persons appearing them to be representative of the interests of local government, industry, agriculture, fisheries and small businesses respectively as they think fit, and
(d) such other persons as they think fit.
(2) Before making any regulations under that section specifying rules as mentioned in paragraph 3(2) of schedule 2 (general binding rules), the Scottish Ministers must, in addition to consulting as required by subsection (1)—
(a) publish a draft of the proposed rules, and publicise the opportunity to make representations about them under subsection (3), in such manner as they think fit, and
(b) make copies of the proposed rules available for public inspection for such period, which must be at least 28 days, as they may determine.
(3) Any person who wishes to make representations about the proposed rules to the Scottish Ministers may do so within the period determined under subsection (2)(b).
(4) The Scottish Ministers must, in making the regulations specifying the rules, have regard to any representations on the proposed rules received by them within that period.
(1) The Scottish Ministers may by regulations make such provision for or in connection with remedial or restoration measures as they consider necessary or expedient for the purposes of facilitating the achievement of the environmental objectives set out in river basin management plans.
(2) In this section “remedial or restoration measures” means the carrying out of any operations or works, or the taking of any other action, in relation to any land or body of water with a view to—
(a) remedying or mitigating the effects of any pollution (as defined in section 20(6)) of the water environment,
(b) improving or restoring the characteristics of any body of water.
(3) Regulations under this section may, in particular, make provision—
(a) conferring on SEPA or any responsible authority power to undertake, or arrange for the undertaking of, remedial or restoration measures,
(b) for determining which other persons (if any) are the appropriate persons to bear responsibility for remedial or restoration measures and conferring on SEPA or any responsible authority power—
(i) to serve notices requiring such persons to undertake remedial or restoration measures, or
(ii) to undertake, or arrange for the undertaking of, such measures at the expense of such persons.
(1) The Scottish Ministers may by regulations make such provision for or in connection with the fixing of charges for the provision of water services as they consider necessary or expedient for the purposes of protection of the water environment.
(2) Regulations under subsection (1) may, in particular, make provision for securing that, in the fixing of such charges, account is taken of such principles, objectives or other matters as are specified in the regulations.
(3) Before making any regulations under subsection (1), the Scottish Ministers must consult such persons as they think fit.
(4) In this section, “water services” means services which provide, for households, public institutions or any economic activity—
(a) abstraction (as defined in section 20(6)), impoundment, storage, treatment and distribution of surface water or groundwater,
(b) waste-water collection and treatment facilities which subsequently discharge into surface water.
(1) The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as follows.
(2) In section 26 (meaning of “development”)—
(a) in subsection (6)—
(i) for “tank” in the first and second places where it occurs substitute “equipment”,
(ii) after “waters” in the first place where it occurs insert “, transitional water or coastal water”,
(iii) before the definition of “fish farming” insert—
““coastal water” has the meaning given by section 3(8) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3);
“equipment” includes any tank, cage or other structure, or long-line, for use in fish farming;”,
(iv) the definition of “tank” is repealed,
(v) at the end insert—
““transitional water” has the meaning given by section 3(7) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3);”,
(b) after subsection (6) insert—
“(6A) The Scottish Ministers may by order made by statutory instrument make such modifications as they consider necessary or expedient to the definitions of “equipment” and “fish farming” in subsection (6); and an order under this subsection may make different provision for different purposes and different areas.
(6B) In subsection (6A), “modifications” includes amendments and repeals.”
(3) In section 40 (assessment of environmental effects), after subsection (3) insert—
“(4) Without prejudice to subsection (1), before planning permission is granted by a planning authority in respect of anything which is development by virtue of section 26(6), the authority must consider the effect of the proposed development on the water environment.
(5) In subsection (4), “water environment” has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).”
(4) In section 275 (regulations and orders)—
(a) in subsection (4), after “26(2)(f)” insert “and (6A)”,
(b) after subsection (5) insert—
“(5A) No order made under section 26(6A) is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament.”
(5) The Scottish Ministers may by order make such provision as they consider necessary or expedient for the purpose of or in connection with the application of the Town and Country Planning (Scotland) Act 1997 (c. 8), by virtue of this section, to operations in transitional water or coastal water.
(6) An order under subsection (5) may, in particular, make provision for any planning authority specified in the order to be the planning authority for the purposes of the application of that Act, by virtue of this section, to operations in such areas of transitional water or coastal water as the order may specify in relation to the authority, despite those operations relating to land outwith the district of the authority.
(7) Before making an order under subsection (5) the Scottish Ministers must consult—
(a) every planning authority,
(b) SEPA,
(c) such other persons as they think fit.
(1) The Scottish Ministers may by regulations provide that the provisions of this Part are to have effect with such modifications as the regulations may specify for the purpose of giving effect to any Community obligation of the United Kingdom or of exercising any related right.
(2) In this section “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.
The Scottish Ministers must, as soon as practicable after the end of each calendar year, lay before the Parliament a report summarising—
(a) action taken during the year by the Scottish Ministers, SEPA and the responsible authorities for securing compliance with the requirements of the Directive in accordance with this Part, and
(b) progress made during the year towards achieving the environmental objectives set from time to time under section 9.
Where, under this Part, any order, map, plan, register or other document is to be made available for public inspection, it—
(a) must be made available—
(i) in print, and
(ii) electronically, and
(b) may be made available by such other means, or in such other formats, as the person required to make it available thinks fit for the purpose of encouraging the inspection of it by members of the public.
(1) In this Part, unless the context otherwise requires—
“body of groundwater” means a distinct volume of groundwater within one or more aquifers; and “aquifer” means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater,
“body of inland surface water” means a body of surface water which is also inland water,
“body of surface water” means a discrete and significant element of surface water such as a loch, a stream, river, canal or other watercourse, part of a loch, stream, river, canal or other watercourse, a body of transitional water or a stretch of coastal water,
“body of water” means a body of groundwater or a body of surface water,
“coastal water” has the meaning given in section 3,
“controlled activity” is to be construed in accordance with section 20,
“the Directive” has the meaning given in section 1,
“groundwater” has the meaning given in section 3,
“inland water” has the meaning given in section 3,
“loch” means a body of standing inland surface water,
“protection of the water environment” has the meaning given in section 1,
“responsible authority” is to be construed in accordance with section 2,
“river basin” means an area of land from which all surface run-off water flows through a connected sequence of streams, rivers or other watercourses or lochs into the sea at a single river mouth, estuary or delta and includes any body of transitional water in the vicinity of that river mouth, estuary or delta,
“river basin district” means an area designated as such by an order under section 4(1),
“river basin management plan” means such a plan approved by the Scottish Ministers under section 13 (including that section as applied by section 14(4)),
“SEPA” means the Scottish Environment Protection Agency,
“sub-basin plan” has the meaning given in section 15,
“surface water” has the meaning given in section 3,
“the territorial sea of the United Kingdom adjacent to Scotland” has the same meaning as it has for the purposes of the Scotland Act 1998 (c. 46),
“transitional water” has the meaning given in section 3,
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices and passages through which water flows and includes artificial watercourses and underground watercourses,
“the water environment” has the meaning given in section 3.
(2) In this Part, any reference to any loch or any river or other watercourse includes a reference to the bottom, channel or bed of any loch, river or, as the case may be, other watercourse which is for the time being dry.
(3) Any word or expression used in both this Part and the Directive and not otherwise defined in this Part has the same meaning for the purposes of this Part as it has for the purposes of the Directive.