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PART 2

In this Schedule–

“channel width” means the straight line distance that is between opposite bank tops of a river, burn or ditch and which spans the bed of a river, burn or ditch, including any exposed bars and vegetated islands;

“ditch” means an open channel which collects and conveys drainage water from surface or subsurface drainage to the wider surface water environment;

“forestry operations” means operations carried out on land with a tree canopy cover of more than 10 per cent over an area of more than 0.5 hectares;

“minor bridge” means a bridge having no part of its structure within the channel of a river, burn or ditch and constructed for the purpose of supporting a footpath, cycle route or single track road;

“oil” means any kind of oil and includes fuel oil, waste oil and hydraulic oil;

“revetment” means a modification to a bank of a river, burn or ditch that increases the resistance of the bank to lateral erosion;

“rip rap” means irregular shaped stones placed along a bank of a river, burn or ditch for the purpose of increasing the resistance of the bank to erosion;

“sewage” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968(3);

SUD system” has the same meaning as in the Sewerage (Scotland) Act 1968;

“surface water drainage system” means a system, such as a SUD system that is used to collect and drain water run off from one or more premises and transport it to, and discharge it into, the water environment, and may include, among other things, any surface water sewers and associated inlets, outfalls, gullies, manholes, oil interceptors, silt traps, and attenuation, settlement and treatment facilities;

“temporary bridge” means any bridge which will be removed within a period of 12 months beginning with the date on which its construction commences;

“trade effluent” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968; and

“uncultivated land” means land which has not been ploughed, rotovated or improved by management practices, but excludes land mounded for the purpose of planting riparian woodland);

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under Sections 20, 36(2) and 36(3) of, and Schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 (asp 3) make amendments to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) (CAR).

Schedule 3 of CAR is revoked and re enacted to effect changes to the General Binding Rules contained there.

The re enacted Schedule 3;

(a) retains, as Rules 1 to 11, the previous General Binding Rules with slight amendments, extending their scope; and

(b) adds, as Rules 12 to 17, General Binding Rules relating to–

(i) the removal of sediment from the beds of rivers, burns or ditches and its return;

(ii) the placement of boulders in a river or burn;

(iii) the temporary abstraction of ground water; from construction sites, maintenance works, or for the extraction of geothermal energy.

(3)

1968 c. 47. Back [3]