Regulatory Regimes Joyce Carr Water Framework Directive Team Scottish Executive

Water Environment and Water Services Act - Section 20 Gives Scottish Ministers powers to make regulations to control activities for the purposes of protecting the water Environment.

Working Groups Abstraction and Impoundments Point source pollution Engineering and building works Diffuse pollution – to be considered at a later date.

Draft Regulations – Current Status Early drafts Provisions still to be included –Priority substances –Groundwater –Remedial & restoration works –Derogations Details still under consideration

Draft Regulations - Principles SelectiveStreamlined Applied only where there is a risk to the environment

A single cohesive framework Three tiers of control Registration Registration Registration under General Binding Rules Registration under General Binding Rules Water use licences Water use licences Activity specific - ‘responsible person’

Registration Low risk activities – providing SEPA with a full picture of all activities affecting the water environment

General Binding Rules Where impacts are predictable Where mitigation measures can be prescribed in a common form A range of GBRs to support each regime SSIs

Water Use Licences Most comprehensive method of control Tailored to particular circumstances of activity

Timing New regimes introduced from April 2005  Point source pollution and abstraction/ impoundment by September 2005  Engineering works by November 2005

Application Not prescriptive Sufficient information for operators SEPA – Risk Assessment

Next steps From September SEPA to begin to identify requirements to be met by operators for 2012

Other provisions Variation of licence Surrender of authorisation Change of responsible person Revocation of authorisation Enforcement provisions

Other provisions Information and publicity OffencesAppeals

Appeals – Regulatory Regimes Robust appeals process Long term - integration with land use planning Interim - appeals specific to regulations Who should handle appeals?

Points for consideration Key role for Scottish Ministers Possible doubts over ECHR-compliance Experience of environmental appeals Experience of land issues Resource implications Flexibility