Scottish water legislation

• Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 SSI 298 (Adobe PDF - 147KB)

  Sets out requirements to protect waters against nitrate pollution from agricultural sources. Requires farms in NVZs to prepare an annual fertiliser and manure management plan and defines closed periods when manure/fertiliser must not be applied.

• Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2008 SSI 394 (Adobe PDF - 42KB)

  Amends 2008/298 to correct minor errors to include storing livestock manure other than slurry or solid manure. Sets limits and conditions for applying nitrogen or chemical fertiliser and organic manure and restricts one slurry application method.

• NEW Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 SSI 447

  Partially revokes 2008/394 and brings together changes to how derogated farms have to manage fertiliser and manure. Requires them to keep additional records particularly of phosphate figures.

• Conservation of Salmon (Prohibition of Sale) (Scotland) Regulations 2002 SSI 418

  Makes it an offence to sell or offer to sell salmon or sea trout that has been caught using a rod. Gives powers of enforcement, entry, search and arrest to water bailiffs and other authorised persons.

• Environmental Protection (Restriction on Use of Lead Shot) (Scotland) (No.2) Regulations 2004 SSI 358

  Makes shooting with lead shot on or over wetlands in Scotland an offence punishable by fine.

• NEW Environmental Liability (Scotland) Regulations 2009

  Brings into force rules to force polluters to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. The polluter does not have to be prosecuted first, so remedying the damage should be faster.

• Groundwater Regulations 1998 SI 2746

  Empowers the Environment Agency in England and Wales and SEPA in Scotland to prevent direct or indirect discharge of certain dangerous substances to groundwater and control pollution resulting from the discharge of those and other substances.

• Protection of Water Against Agricultural Nitrate Pollution (Scotland) Amendment Regulations 2005 SSI 593

  Updates the implementation of action programmes for designated nitrate vulnerable zones in accordance with updated PEPFAA Code.

• Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

  Sets out which fishing methods are allowed and dates of salmon and trout fishing seasons. Details offences relating to and the administration of salmon and freshwater fisheries.

• Trade Effluent (Asbestos) (Scotland) Regulations 1993 SI 1446

  Requires discharges of asbestos effluent to be reduced at source and prevented, and that the disposal of any liquid wastes containing asbestos must not cause pollution of the water environment.

• Waste Management Licensing (Water Environment) (Scotland) Regulations 2006 SSI 128

  Amends Waste Management Licensing Regulations 1994 to align it with regulations to control activities affecting the water environment in Scotland.

• Water Environment (Controlled Activities) (Scotland) Regulations 2005 SSI 348

  Bans controlled activities like operating certain types of weirs, abstracting and impounding water, and dredging, without authorisation and following general binding rules.

• Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007 SSI 219

  Amends 2005/348 to increase the number of controlled activities which may be carried out following the general binding rules.

• Water Environment (Diffuse Pollution) (Scotland) Regulations 2008 SSI 54

  Amends 2003/532 and 2005/348 to add general binding rules to control diffuse pollution from: storage and application of fertiliser, keeping livestock, land cultivation, water run-off from drainage systems, applying pesticides and sheep dip.

• NEW Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009 SSI 420

  Amends Water Environment and Water Services (Scotland) Act 2003 and 2005/348 to comply with European Groundwater Directive 2006/118/EC and Priority Substances Directive 2008/105/EC

• Water Environment (Oil Storage) (Scotland) Regulations 2006 SSI 133

  Sets out standards for the design and installation of oil storage containers, and timescales for businesses to comply with the rules.

• Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005 SSI 63

  Provides practical guidance for agricultural activities that may cause water pollution, and promotes desirable practices for avoiding or minimising water pollution. Revokes previous Orders 1997/1584 and 2001/175.

• Water Environment and Water Services (Scotland) Act 2003

  Sets out the duties and powers of public authorities to protect the water environment and to regulate potential polluting activities, and sets up river basin management districts.

• Water Industry Act 1999

  Consolidates previous legislation on water supply and sewerage services (including trade effluent consents) and opens up the market to allow private sector companies to compete to be appointed as water and sewerage undertakers.