The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013

Publication Date:January 01, 2013
 
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2013No. 176

ENVIRONMENTAL PROTECTION

WATER

The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013

28thMay2013

30thMay2013

1stJuly2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20 and 36(2) of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003( 1) ("the Act") and of all other powers enabling them to do so.

In accordance with section 21(1) of the Act, they have consulted the persons required.

In accordance with section 21(2), they have published a draft of the proposed general binding rules, publicised the opportunity to make representations, and made copies of the rules available for public inspection.

In accordance with section 21(4), they have had regard to the representations received.

Citation and commencement

1. These Regulations may be cited as the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013 and come into force on 1st July 2013.

Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2011

2.-(1) The Water Environment (Controlled Activities) (Scotland) Regulations 2011(  2) are amended as follows.

(2) In regulation 3(2), omit "Licensing".

(3) In regulation 13-

(a) for paragraph (1) substitute-

"(1) If SEPA receives an application it may, if it considers that the controlled activity has or is likely to have a significant adverse impact on the water environment or the interests of other users of the water environment-

(a) publish such details of the application as it considers appropriate on its website; and

(b) require the application to be advertised in accordance with this regulation."; and

(b) for paragraph (5) substitute-

"(5) SEPA must consider all written representations made in connection with an application advertised under this regulation which are received-

(a) on or after the date on which the application is received by SEPA; and

(b) before the expiry of the period of 28 days beginning with the date of the advertisement.".

(4) In Schedule 3-

(a) in Part 1, for the table substitute the table in the Schedule to these Regulations; and

(b) in Part 2, after the definition of "application" insert-

""buffer zone" means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the water environment;".

 

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

28th May 2013

 

SCHEDULE

Regulation 2(4)

"Column 1

Activity

Column 2

Rules

 

1.The operation of any weir that-

(a) is not capable of being operated to control the water level upstream of the weir;

(b) does not result in the creation of a height differential between the upstream and downstream water surfaces of more than one metre; and

(c) was constructed before 1st April 2006.

The weir must not impede the free passage of salmon and sea trout during periods within which, in the absence of the weir, the flow of the river would be at a level expected to enable migration.

 

2.The abstraction of less than 10 m3 of water in any one day.

(a) There must be a means of demonstrating that the abstraction is less than 10 m3 in any one day, such as a means of measuring the rate of the abstraction or a means of demonstrating that the maximum volume that could be abstracted cannot exceed 10 m3 in any one day; and

(b) water leakage must be kept to a minimum by ensuring all pipe work, storage tanks and other equipment associated with the abstraction and use of the water are maintained in a state of good repair.

 

3.The construction or extension of any well, borehole or other works by which water may be abstracted, or the installation or modification of any machinery or apparatus by which additional quantities of water may be abstracted, if such works are-

(a) not intended for the purpose of abstraction;

(b) intended for the abstraction of less than 10 m3 of water in any one day;

(c) intended for the abstraction of less than 150 m3 of water in any period of one year, and the purpose of the abstraction is either-

(i) to test for the yield of the borehole or well or the hydraulic properties of the aquifer; or

(ii) to sample the water quality;

(d) intended to dewater one or more excavations at-

(a) Subject to paragraphs (b) and (c), the construction of the well or borehole must be such as to avoid the entry of pollutants or water of a different chemical composition into any body of groundwater;

(b) drilling fluids may be introduced into the well or borehole if necessary to facilitate the drilling of the well or borehole provided this does not result in pollution of the water environment;

(c) potable water may be introduced into the well or borehole to test the hydraulic properties of the aquifer; and

(d) when the well or borehole is not being used for abstraction, it must be back filled or sealed to the extent necessary to avoid loss of groundwater from any aquifer.

 

(i) a construction site for roads, buildings, pipelines, or other built developments; or

(ii) a site at which the maintenance of such developments is being undertaken; or

(e) intended for the purpose of undertaking activity 17.

   

4.The abstraction from a borehole, and any subsequent discharge of the abstracted water, if the total volume of water abstracted is less than 150 m3 in any period of one year and the purpose of the abstraction is either-

(a) to test the yield of the borehole or well or the hydraulic properties of the aquifer; or

(b) to sample the water quality.

(a) The abstraction must not cause the entry of pollutants or water of a different chemical composition into any body of groundwater; and

(b) when the borehole is not being used for abstraction, it must be back filled or sealed to the extent necessary to avoid loss of groundwater from any aquifer.

 

5.The dredging of a river, burn or ditch that-

(a) has an average width of less than one metre along the stretch to be worked, as measured across the bed between the base of one bank and the other; and

(b) has been artificially straightened or canalised along the length which is to be worked.

(a) Vegetation on any bank of the river, burn or ditch may be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification;

(b) any vegetation removed must not be disposed of into the channel;

(c) the activity must not result in the widening of the river, burn or ditch;

(d) all reasonable steps must be taken to prevent the transport of sediments or other matter disturbed by the works into waters beyond the worked stretch;

(e) the works must not be undertaken during periods in which fish are likely to be spawning in the river, burn or ditch nor in the period between any such spawning and the subsequent emergence of the juvenile fish;

(f) all reasonable steps must be taken to avoid increased erosion of the bed or banks of the river, burn or ditch as a result of the works;

(g) the bed of the worked stretch must be graded at a shallow angle to tie in with the bed level upstream and downstream and there must be no steps or sudden changes in the angle of the bed slope; and

(h) the removed sediment must not be left on the banks such that its placement heightens the banks.

 

6.The construction and maintenance-

(a) of a minor bridge over a river, burn or ditch;

(b) of, or removal of, a temporary bridge over any river, burn or ditch that has a channel width of less than 5 metres; or

(c) of a surface water drainage system outfall which discharges into a river, burn or ditch.

(a) Vegetation on any bank of the river, burn or ditch must be removed or modified only to the extent necessary to carry out the works;

(b) any vegetation removed must not be disposed of into the channel;

(c) the works must not prevent the free passage of migratory fish;

(d) the works must not result in the narrowing of the channel width nor the heightening of either bank;

(e) where the activity requires any work in the wetted part of the channel, the works must not be undertaken during periods in which fish are likely to be spawning in the river, burn or ditch nor in the period between any such spawning and the subsequent emergence of the juvenile fish;

(f) if necessary, a temporary culvert may be installed to facilitate the works but the culvert must not extend more than 10 metres along the length of the river, burn or ditch and must be removed on completion of the works;

(g) all reasonable steps must be taken to ensure that the works do not result in increased erosion of the bed or banks of the river, burn or ditch;

(h) as far as reasonably practicable, within 12 months of the commencement of the works, the bed and banks of the river, burn or ditch must be reinstated to at least their condition prior to the commencement of the works;

(i) for temporary bridges, as far as reasonably practicable, and within 12 months of the removal of the bridge, the bed and banks must be reinstated at least to their condition prior to the commencement of the works;

(j) the activity must not result in pollution of the water environment; and

(k) any outfall and associated works must be designed and constructed to be no larger than is necessary for the proper operation of the outfall, and in any case must not extend more than 20 metres along the length of the river, burn or ditch.

 

7.The laying of a pipeline or cable by boring beneath the bed and banks of a river, burn or ditch.

(a) The bed and banks must not be altered as a result of the works other than in accordance with paragraphs (b) and (d);

(b) vegetation on any bank of the river, burn or ditch may be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification;

(c) any...

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