The Water Environment (Diffuse Pollution) (Scotland) Regulations 2008

Made: 20th February 2008

Laid before the Scottish Parliament: 21st February 2008

Coming into force: 1st April 2008

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Citation and commencement

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Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2005

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Amendment of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

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SCHEDULE — MODIFICATION TO THE WATER ENVIRONMENT (CONTROLLED ACTIVITIES) (SCOTLAND) REGULATIONS 2005

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In Part 2 of Schedule 3 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (General Binding Rules)–

• (a) insert the following definitions in the appropriate places alphabetically–

• “application” means the spreading, spraying, incorporating or injecting into or onto land;
• “crop” includes any plant grown for a commercial purpose;
• “cultivation” includes the preparation of land prior to planting, and the harvesting of any crop;
• “farm yard manure” means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food);
• “fertiliser” means any substance containing nutrients which is utilised on land to enhance plant growth, but excludes forestry brash;
• “forest” means land of an area of more than 0.5 hectares–
• with a tree canopy cover of more than 20 percent;
• which is planted with trees, which trees collectively have the capacity to provide a tree canopy cover of more than 20 percent; or
• which meets all of the following criteria:
  1. it was used in the last 5 years as land described in paragraph (a);
  2. it is to remain fallow of trees for a maximum of 4 consecutive years; and
  3. when replanted with trees it will be replanted as land described in paragraph (b);
• “moling” means a cultivation method where an implement is used to open a conduit within the soil along which water may flow;
• “pesticide” has the same meaning as in section 16 of the Food and Environment Protection Act 1985 ;
• “rural land use activities” means agricultural, forestry or leisure activity;

• (b) omit “and” where it immediately precedes the defined term “uncultivated land”; and

• (c) immediately after the definition of “uncultivated land” insert the following–

“water for human consumption” means water that may be ingested by humans, used in the preparation of food or drink, or used in the cleaning of materials involved in the storage or consumption of food or drink; “waterbound road” means a road constructed of coarse stone and fine aggregate to form a tightly bound semi-impervious surface; and “waterlogged” means soil which is at water retaining capacity, except in a forest where it means where water is visible on the soil surface.

Signed

MICHAEL RUSSELL — Authorised to sign by the Scottish Ministers — 2008-02-20

Explanatory note

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Footnotes

[^f00001]: 2003 asp 3; section 20 was amended by regulation 3 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) and Schedule 2 was amended by section 66 of, and paragraph 6 of Schedule 2 to, the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

[^f00002]: S.S.I. 2005/348; amended by S.S.I. 2006/553 and 2007/219.

[^f00003]: S.S.I. 2003/531; amended by S.S.I. 2006/133.

[^f00004]: 1985 c. 48.

[^f00005]: S.I. 1989/1263; relevant amending instruments are S.I. 1990/880, S.I. 1996/973 and S.S.I. 2000/62.

[^f00006]: 1990 c. 43; section 35 was amended by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 66, and by S.S.I. 2000/323, Schedule 10, Part 1, paragraph 3(4). For a definition of ‘waste’ see section 75 of the Environmental Protection Act 1990 as amended by the Environment Act 1995, section 120 and Schedule 22, paragraph 88.

[^f00007]: S.I. 1994/1056; relevant amending instrument is S.S.I .2006/541.

[^f00008]: S.S.I. 2003/531; amended by S.S.I. 2006/133.

[^f00009]: 1985 c. 48.

Editorial notes

[^key-2c75454f6f5dbcb437031f61f0769fe0]: Regulations revoked (1.1.2022) by The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/412), reg. 1(2), sch. para. 1