Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Water Environment and Water Services (Scotland) Act 2003

Type Act of the Scottish Parliament

Publication 2003-03-05

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles 15

Reform history JSON API

Part 1 — Protection of the water environment

Chapter 1 — Purpose, general duties and definitions

General purpose of Part 1

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(1) The purpose of this Part is to make provision for or in connection with protection of the water environment, including making provision, and enabling provision to be made, for or in connection with implementing Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy , as last amended by Commission Directive 2014/101/EU , (referred to in this Part as “the Directive”).

(1A) The reference in subsection (1) to Directive 2000/60/EC is to that Directive as amended by—

(a) Decision No 2455/2001/EC of the European Parliament and of the Council,

(b) Directive 2008/32/EC of the European Parliament and of the Council,

(d) Directive 2009/31/EC of the European Parliament and of the Council,

(e) Directive 2013/39/EU of the European Parliament and of the Council, and

(f) Commission Directive 2014/101/EU.

(2) In this Part “protection of the water environment” includes, in particular—

(a) preventing further deterioration of, and protecting and enhancing, the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on those aquatic ecosystems,

(b) promoting sustainable water use based on the long-term protection of available water resources,

(c) aiming at enhancing protection and improvement of the aquatic environment through, amongst other things, specific measures for the progressive reduction of discharges, emissions and losses of priority substances and the cessation or phasing out of discharges, emissions and losses of the priority hazardous substances,

(d) ensuring the progressive reduction of pollution of groundwater and preventing further pollution of it, and

(e) contributing to mitigating the effects of floods and droughts,

with a view to contributing to the achievement of the aims specified in subsection (3).

(3) Those aims are—

(a) the provision of a sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use,

(b) a significant reduction in pollution of groundwater,

(d) achieving the objectives of international agreements, including those which aim to prevent and eliminate pollution of the marine environment, in relation to which measures are adopted under paragraph 1 of Article 16 of the Directive in pursuance of a proposal under paragraph 3 of that Article.

The general duties

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(1) The Scottish Ministers and SEPA must exercise their functions under the relevant enactments so as to secure compliance with the requirements of the Directive , the Groundwater Directive and the Priority Substances Directive.

(2) The responsible authorities must exercise their designated functions so as to secure compliance with the requirements of the Directive , the Groundwater Directive and the Priority Substances Directive.

(3) Subsection (4) applies to—

(a) the Scottish Ministers in exercising their functions, and SEPA in exercising its functions, under the relevant enactments in pursuance of subsection (1),

(b) the responsible authorities in exercising their designated functions in pursuance of subsection (2).

(4) The Scottish Ministers, SEPA and the responsible authorities must—

(a) have regard to the social and economic impact of such exercise of those functions,

(b) so far as is consistent with the purposes of the relevant enactment or designated function in question—

(i) promote sustainable flood risk management, and

(ii) act in the way best calculated to contribute to the achievement of sustainable development, and

(c) so far as practicable, adopt an integrated approach by co-operating with each other with a view to co-ordinating the exercise of their respective functions.

(5) Without prejudice to subsections (1) to (4), the Scottish Ministers and every public body and office-holder must, in exercising any functions, have regard to the desirability of protecting the water environment.

(6) The Scottish Ministers may give directions (whether general or specific) and guidance to—

(a) SEPA, in relation to the exercise of its functions under the relevant enactments,

(b) the responsible authorities, in relation to the exercise of their designated functions;

and SEPA and the responsible authorities must comply with any such directions and have regard to any such guidance.

(7) Directions under subsection (6) may include provision for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.

(8) In this section—

“the Groundwater Directive” means Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration ,

“the Priority Substances Directive” means Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy ,

“ the relevant enactments ” means this Part , Part 3 of the Regulatory Reform (Scotland) Act 2014 and such other enactments as the Scottish Ministers may by order specify,

“ responsible authorities ” means such public bodies and office-holders, or public bodies and office-holders of such descriptions, as the Scottish Ministers may by order designate for the purposes of this Part; and “ designated functions ”, in relation to a responsible authority, means such of the authority’s functions relating to the water environment as are specified in relation to the authority in an order made by the Scottish Ministers (whether or not the order designating the authority as a responsible authority).

The water environment: definitions

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(1) The following provisions have effect for the interpretation of this Part.

(2) “The water environment” means all surface water, groundwater and wetlands.

(3) “Surface water” means inland water (other than groundwater), transitional water and coastal water.

(4) “Groundwater” means water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

(5) “Wetland” means an area of ground the ecological, chemical and hydrological characteristics of which are attributable to frequent inundation or saturation by water and which is directly dependent, with regard to its water needs, on a body of groundwater or a body of surface water.

(6) “Inland water” means—

(a) all standing or flowing water on the surface of the land (other than transitional water), and

(b) all groundwater,

within the landward limits of coastal water.

(7) “Transitional water” means water (other than groundwater) in the vicinity of river mouths which is partly saline in character as a result of its proximity to coastal water but which is substantially influenced by freshwater flows.

(8) “Coastal water” means water (other than groundwater) within the area extending landward from the 3 mile limit up to the limit of the highest tide or, where appropriate, the seaward limits of any bodies of transitional water, but does not include any water beyond the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland.

(9) “The 3 mile limit” means the limit consisting of a line every point of which is at a distance of 3 miles on the seaward side from the nearest point of the baseline from which the breadth of the territorial sea of the United Kingdom adjacent to Scotland is measured; and “miles” means international nautical miles of 1,852 metres.

(10) Nothing in this Part applies to any water contained in—

(a) artificial swimming pools,

(b) mains or other pipes belonging to Scottish Water or which are used by Scottish Water or any other person for the purpose only of providing a supply of water to any premises,

(d) sewers and drains which drain into sewers,

(e) sewage treatment works,

(f) artificially created systems for the treatment of pollutants.

(11) The Scottish Ministers—

(a) must deposit with SEPA maps showing what appear to them to be the landward and seaward limits of every body of transitional water,

(b) may, if they consider it appropriate to do so, deposit with SEPA maps showing the landward and seaward limits of coastal water,

(c) may, if they consider it appropriate to do so by reason of any change of what appears to them to be any of the limits referred to in paragraphs (a) and (b), deposit a map showing the revised limits.

(12) SEPA must make the maps deposited with it under subsection (11) available, at all reasonable times, for public inspection free of charge.

(13) In subsection (8), “the seaward limits of any bodies of transitional water” means the places for the time being shown as such in the latest map deposited under subsection (11).

Chapter 2 — River basin management planning

River basin districts

Establishment of river basin districts

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(1) The Scottish Ministers must by order designate one or more river basin districts for the purposes of this Part.

(2) A river basin district is an area, identified in the order, comprising one or more river basins together with any relevant bodies of groundwater and bodies of coastal water which are to form part of that river basin district in accordance with subsection (3).

(3) A relevant body of groundwater or body of coastal water is to form part of the nearest river basin district or, if it appears to the Scottish Ministers that another river basin district is more appropriate, that district.

(4) An order under subsection (1) (a “designation order”) must identify each river basin district by reference to a map prepared for the purposes of the order and laid before the Scottish Parliament.

(5) The Scottish Ministers must send to SEPA a copy of—

(a) a designation order, and

(b) the map prepared in pursuance of subsection (4).

(6) SEPA must make the copies of the designation order and map available, at all reasonable times, for public inspection free of charge.

(7) In this section “relevant body of groundwater” means a body of groundwater which does not fully follow any particular river basin.

Characterisation of river basin districts

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(1) SEPA must, by 22nd December 2004, carry out a characterisation of each river basin district.

(2) In this section “characterisation”, in relation to a river basin district, means—

(a) an analysis of the characteristics of the water environment,

(b) a review of the impact of human activity on the status of the water environment, and

(3) SEPA must review and, where necessary, update each characterisation carried out under subsection (1) by 22nd December 2013 and by the end of each period of 6 years thereafter.

(4) A characterisation under subsection (1) and a review under subsection (3) must be carried out in accordance with the technical specifications set out in Annexes II and III to the Directive.

(5) The Scottish Ministers may by regulations make further provision as to the characterisations and reviews to be carried out under this section, including provision as to—

(a) the criteria by reference to which characterisations and reviews are to be carried out, including criteria for designating bodies of surface water as artificial or heavily modified,

(b) the methods and procedures to be followed in carrying out characterisations and reviews.

Bodies of water used for the abstraction of drinking water

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(1) The Scottish Ministers must by order identify any bodies of water within each river basin district which—

(a) are used for the abstraction of water intended for human consumption and either—

(i) provide more than 10 cubic metres of such water per day, or

(ii) serve more than 50 persons, or

(b) are intended to be used as mentioned in paragraph (a).

(2) An order under subsection (1) may identify the bodies of water by reference to a map prepared for the purposes of the order and laid before the Parliament.

(3) The Scottish Ministers must send to SEPA a copy of—

(a) an order made under subsection (1), and

(b) any map prepared in pursuance of subsection (2).

Register of protected areas

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(1) SEPA must, for each river basin district—

(a) by 22nd December 2004 prepare, and

(b) thereafter maintain,

a register of the protected areas lying (whether wholly or partly) within the district in accordance with regulations made by the Scottish Ministers.

(2) Such regulations may, in particular, make provision as to—

(a) the form and manner in which the register is to be prepared and maintained,

(b) the information which the register is to contain.

(3) In this section, “protected areas” means—

(za) any shellfish water protected area,

(a) any bodies of water identified under section 6, and

(b) the areas and bodies of water falling within subsection (4).

(4) The areas and bodies of water falling within this subsection are those for the time being designated or otherwise identified as requiring special protection under any Community instrument providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water, or any enactment implementing such a Community instrument, including, in particular—

(a) areas designated for the protection of economically significant aquatic species,

(b) bodies of water designated as recreational waters,

(d) areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in the protection of the habitats or species.

(5) The Scottish Ministers may by regulations make such further provision for identifying, or enabling the identification of, the areas and bodies of water falling within subsection (4) as they consider necessary or expedient, including provision for identifying any of those areas or bodies of water by reference to—

(a) such Community instruments, or enactments implementing such instruments, as are specified in the regulations,

(b) such other criteria as may be specified in the regulations.

(6) SEPA must make the register available, at all reasonable times, for public inspection free of charge.

Monitoring

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(1) SEPA must, in relation to each river basin district—

(a) carry out, or secure the carrying out of, monitoring of the status of the water environment and relevant territorial water adjacent to the district, and

(b) analyse, or secure the analysis of, the information obtained under paragraph (a).

(2) SEPA must prepare a programme for monitoring (whether by SEPA or other persons) the status of the water environment and relevant territorial water (a “monitoring programme”).

(3) Monitoring in accordance with the monitoring programme must be commenced by 22nd December 2006.

(4) Subsection (3) is subject to any provision made in regulations by virtue of subsection (5)(d).

(5) The Scottish Ministers may by regulations make provision—

(a) as to the nature and method of monitoring and analysis to be carried out (whether by SEPA or by other persons) for the purpose of subsection (1)(a),

(b) requiring persons other than SEPA to carry out such monitoring and analysis,

(d) for monitoring in accordance with the monitoring programme to be commenced in relation to such protected areas (within the meaning of section 7(3)) or descriptions of protected area as are specified in the regulations by such date (other than that specified in subsection (3)) as is specified in or determined under the regulations,

(e) as to the provision to SEPA of information resulting from such monitoring and analysis carried out by persons other than SEPA,

(f) as to the form and content of a monitoring programme,

(g) as to consultation and other procedure in connection with the preparation of a monitoring programme.

(6) The Scottish Ministers may issue guidance to SEPA or any other person on any matter in relation to which they have power to make regulations under subsection (5); and SEPA or, as the case may be, that person must have regard to the guidance.

(7) Subsection (6) is without prejudice to section 2(6).

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