The Water Environment (Register of Protected Areas) (Scotland) Regulations 2004

Made: 29th November 2004

Laid before the Scottish Parliament: 30th November 2004

Coming into force: 22nd December 2004

The Scottish Ministers, in exercise of the powers conferred by section 7 of the Water Environment and Water Services (Scotland) Act 2003 , and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Water Environment (Register of Protected Areas) (Scotland) Regulations 2004 and shall come into force on 22nd December 2004.

• (2) In these Regulations–

• (a) any reference to a section is a reference to that section of the Water Environment and Water Services (Scotland) Act 2003;

• (b) “the register” means the register of the protected areas lying within the Scotland River Basin District .

Register

2

• (1) SEPA shall prepare and maintain the register in accordance with the following provisions of this regulation.

• (2) The register shall contain the information referred to in Part I of the Schedule to these Regulations and may contain the information referred to in Part II of that Schedule.

• (3) SEPA may prepare and maintain the register in any form.

• (4) SEPA shall publish the register on its website.

SCHEDULE — Register

PART I

1

A description of all bodies of water identified under section 6.

2

A description of all bodies of water designated–

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) as recreational waters, including those designated under any assimilated law which implemented Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC, as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council; and

• (c) as nutrient sensitive areas, including those designated as–

• (i) vulnerable zones under any assimilated law which implemented Council Directive 91/676/EEC of 12th December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources , as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council, and

• (ii) as sensitive areas under any assimilated law which implemented Council Directive 91/271/EEC of 21st May 1991 concerning urban waste water treatment , as last relevantly amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council.

3

A description of all areas designated for the protection of habitats and species where the maintenance or improvement of the status of water is an important factor in the protection of those habitats or species, including such areas designated under any assimilated law which implemented–

• (a) Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora , as last amended by Council Directive 2013/17/EU; and

• (b) Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds, as last amended by Council Directive 2013/17/EU.

4

A map indicating the location of the protected area.

5

A description of the legislation ... under which the protected area has been identified or designated.

PART II

6

A description of the body of water constituting the protected area as either a body of surface water or a body of groundwater.

7

The name of the protected area.

8

The dimensions or size of the protected area.

9

The date of identification of the protected area.

Signed

LEWIS MACDONALD — Authorised to sign by the Scottish Ministers — 2004-11-29

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2003 asp 3.

[^f00002]: The Scotland River Basin District was designated by virtue of the Water Environment and Water Services (Scotland) Act 2003 (Designation of Scotland River Basin District) Order 2003 S.S.I. No. 610.

[^f00003]: O.J. L 281, 10.11.1979, p.47.

[^f00004]: O.J. L 222, 14.8.1978, p.1.

[^f00005]: O.J. L 31, 5.2.1976, p.1.

[^f00006]: O.J. L 375, 31.12.1991, p.1.

[^f00007]: O.J. L 135, 30.5.1991, p.40.

[^f00008]: O.J. L 206, 22.7.1992, p.7.

[^f00009]: O.J. L 103, 25.4.1979, p.1.

Editorial notes

[^c5354251]: 2003 asp 3.

[^c5354261]: The Scotland River Basin District was designated by virtue of the Water Environment and Water Services (Scotland) Act 2003 (Designation of Scotland River Basin District) Order 2003 S.S.I. No. 610.

[^c5354301]: O.J. L 375, 31.12.1991, p.1.

[^c5354311]: O.J. L 135, 30.5.1991, p.40.

[^c5354321]: O.J. L 206, 22.7.1992, p.7.

[^key-9c08bffc00a0641b5d1ae2a8a93cb14b]: Sch. para. A1 inserted (22.12.2013) by The Water Environment (River Basin Management Planning Further Provision) (Scotland) Regulations 2013 (S.S.I. 2013/323), regs. 1, 25(a)

[^M_F_482983b5-a3eb-40b1-8c55-cf1e6d57ca27]: Sch. para. 2(a) omitted (22.12.2013) by The Water Environment (River Basin Management Planning Further Provision) (Scotland) Regulations 2013 (S.S.I. 2013/323), regs. 1, 25(b)

[^key-28a0b68bf6827e27a018390255bc72db]: Words in sch. para. 2(b) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 5(2)(a)

[^key-cf79102773ee6b806e2d2159b472a0df]: Words in sch. para. 2(c) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 5(2)(b)(i)

[^key-3736187774351989034799051ddb7335]: Words in sch. para. 2(c) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 5(2)(b)(ii)

[^key-f958cff63591871d3266724db758337f]: Words in sch. para. 3(a) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 5(3)(a)

[^key-899e62132f8c6e7ee735001cbcf668db]: Sch. para. 3(b) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 5(3)(b)

[^key-a9501cfb6967e80897fd9615c6a1d43e]: Word in sch. para. 2(c)(ii) inserted (1.7.2019) by The Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/175), regs. 1(1)(a), 5

[^key-a560b61682d7e3cdc7bdaa04ce4ede28]: Words in sch. para. 2(b) inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 4(2)

[^key-d6e6ad8c2200944c323e68dbe5f88275]: Words in sch. para. 2(c)(i) inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 4(2)

[^key-b5c7beea67b6a11794417ca0633b6ec5]: Words in sch. para. 2(c)(ii) inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 4(2)

[^key-1da08a1e29d2092a91ebf708c20d3112]: Words in sch. para. 3 inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 4(3)

[^key-f547bc76ca9757cf7097a665f7331db1]: Words in sch. para. 5 omitted (1.6.2022) by virtue of The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 4(4)

[^key-80ddffc4b6836c12bf9905ca1ce1a14e]: Word in sch. para. 2(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 5(2)(a)

[^key-52304b15ec7aab34110dd258d4ef5a03]: Word in sch. para. 2(c)(i) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 5(2)(b)

[^key-d3948b04dfe7d7e6b020e1fa780d0840]: Word in sch. para. 2(c)(ii) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 5(2)(c)

[^key-20959d4fe84c18eceecb82c921071cab]: Word in sch. para. 3 substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 5(2)(d)

A1

A description of all shellfish water protected areas.