- Scottish Statutory Instrument 2004 No. 516
The Water Environment (Register of Protected Areas) (Scotland) Regulations 2004
© Crown Copyright 2004
Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Water Environment (Register of Protected Areas) (Scotland) Regulations 2004, ISBN 0110693450. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 29th November 2004 | ||
| Laid before the Scottish Parliament | 30th November 2004 | ||
| Coming into force | 22nd December 2004 |
The Scottish Ministers, in exercise of the powers conferred by section 7 of the Water Environment and Water Services (Scotland) Act 2003[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Water Environment (Register of Protected Areas) (Scotland) Regulations 2004 and shall come into force on 22nd December 2004.
(2) In these Regulations-
-
(a) any reference to a section is a reference to that section of the Water Environment and Water Services (Scotland) Act 2003;
(b) "the register" means the register of the protected areas lying within the Scotland River Basin District[2].
Register
2.
- (1) SEPA shall prepare and maintain the register in accordance with the following provisions of this regulation.
(2) The register shall contain the information referred to in Part I of the Schedule to these Regulations and may contain the information referred to in Part II of that Schedule.
(3) SEPA may prepare and maintain the register in any form.
(4) SEPA shall publish the register on its website.
LEWIS MACDONALD
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
29th November 2004
1. A description of all bodies of water identified under section 6.
2. A description of all bodies of water designated-
-
(a) for the protection of economically significant aquatic species, including those designated under-
-
(i) Council Directive 79/923/EEC of 30th October 1979 on the quality required of Shellfish Waters[3]; and
(ii) Council Directive 78/659/EEC of 18th July 1978 on the quality of freshwaters needing protection or improvement to support fish life[4];
(b) as recreational waters, including those designated under Council Directive 76/160/EEC of 8th December 1975 concerning the quality of bathing water[5]; and
(c) as nutrient sensitive areas, including those designated as-
-
(i) vulnerable zones under Council Directive 91/676/EEC of 12th December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources[6], and
(ii) as sensitive areas under Council Directive 91/271/EEC of 21st May 1991 concerning urban waste water treatment[7].
3.
A description of all areas designated for the protection of habitats and species where the maintenance or improvement of the status of water is an important factor in the protection of those habitats or species, including such areas designated under-
-
(a) Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora[8]; and
(b) Council Directive 79/409/EEC of 2nd April 1979 on the conservation of wild birds[9].
4.
A map indicating the location of the protected area.
5.
A description of the legislation (including Community legislation) under which the protected area has been identified or designated.
6. A description of the body of water constituting the protected area as either a body of surface water or a body of groundwater.
7. The name of the protected area.
8. The dimensions or size of the protected area.
9. The date of identification of the protected area.
(This note is not part of the Regulations)
These Regulations set out requirements relating to the register of protected areas to be prepared and maintained by the Scottish Environment Protection Agency ("SEPA") under section 7 of the Water Environment and Water Services (Scotland) Act 2003 ("the Act").
Regulation 1 contains the citation, commencement and interpretation provisions. Regulation 1(2)(b) defines the register as the register of those protected areas lying within the Scotland River Basin District. The two cross border River Basin Districts, namely the Solway Tweed and Northumbria River Basin Districts, were designated respectively by the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. No. 99) and the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. No. 3245). In accordance with the provisions of those Regulations, the register applicable to the Solway Tweed River Basin District will be prepared jointly by the Environment Agency and SEPA, and the register applicable to the Northumbria River Basin District, by the Environment Agency.
Regulation 2(2) requires the register to contain the information described in Part I of the Schedule to the Regulations. The information set out in Part I of the Schedule includes a description of those areas or bodies of water identified under section 6 of the Act, and those designated
-
- for the protection of economically significant aquatic species;
-
- as recreational waters;
-
- as nutrient sensitive areas; and
-
- for the protection of habitats and species where the maintenance or improvement of the status of the water is an important factor in the protection of those habitats or species.
The register must also contain maps of the protected areas, and a description of the legislation under which the protected area has been designated.
Regulation 2(2) also enables SEPA to include on the register, the information described in Part II of the Schedule.
Regulation 2(3) enables SEPA to prepare and maintain the register in any form. Regulation 2(4) requires SEPA to publish the register on its website. SEPA's website is www.sepa.org.uk. The obligation under regulation 2(4) is in addition to the obligation under section 7(6) of the Act to make the register available, at all reasonable times, for public inspection, free of charge.
Notes:
[1] 2003 asp 3.back
[2] The Scotland River Basin District was designated by virtue of the Water Environment and Water Services (Scotland) Act 2003 (Designation of Scotland River Basin District) Order 2003 S.S.I. No. 610.back
[3] O.J. L 281, 10.11.1979, p.47.back
[4] O.J. L 222, 14.8.1978, p.1.back
[5] O.J. L 31, 5.2.1976, p.1.back
[6] O.J. L 375, 31.12.1991, p.1.back
[7] O.J. L 135, 30.5.1991, p.40.back
[8] O.J. L 206, 22.7.1992, p.7.back
[9] O.J. L 103, 25.4.1979, p.1.back
ISBN 0 11069345 0