Scottish Regulations for the Water Environment
Scotland’s New Regulatory Regime for the Water Environment
The Water Environment (Controlled Activities) (Scotland) Regulations 2005 – also known as 'Controlled Activities Regulations' or 'CAR' – are the basis of a new regime of water environment protection in Scotland. CAR will replace the existing point source controls and will bring in new controls for abstractions, impoundments and engineering works affecting inland waters. The new regime will come into full force on 1 April 2006. Transitional arrangements apply in the six month period leading up to that date.
Both the Water Environment (Controlled Activities) (Scotland) Regulations 2005 and the new Water Environment Oil Storage (Scotland) Regulations 2006 (when they are passed by the Scottish Parliament) may be applicable to your activity.
Does this apply to me?
If you currently hold a Discharge Consent under the Control of Pollution Act 1974 (COPA), this will be replaced by a Registration or a Licence under CAR.
If you, or your business, are involved in any of the following, CAR will also affect you:
How will all these different water issues be regulated?
In order to ensure proportionate controls over activities, the Regulations provide for three levels of control:
1. General Binding Rules (GBRs);
2. Registrations; and
3. Water Use Licences.
SEPA can move the control over activities between registration and licences, and from GBR to registration or licences, as it considers necessary in order to protect the water environment.
1. General Binding Rules (GBRs)
GBRs provide statutory controls over the following low risk activities:
discharge of surface water runoff which does not cause pollution of the water environment.
Any person undertaking an activity which falls within the scope of the GBR does not have to contact SEPA but must abide by any rule laid out in the Regulations which relates to that activity.
2. Registration
Registration is intended to cover low risk activities which cumulatively pose a risk to the water environment.
3. Water Use Licence
If site-specific controls are required and, in particular, if constraints upon the activity are to be imposed, then the activity will be authorised using a licence. A licence requires the identification of a 'responsible person' who is responsible for ensuring compliance with the conditions of the licence.
Collectively, the above three forms of regulation are known as 'authorisations'.
What must I do now?
If you hold any of the following you will automatically be deemed to be authorised under CAR:
The Regulations impose on SEPA a requirement to review such existing authorisations to ensure that they are CAR compliant by 2010. Any new determinations of applications or reviews under PPC, RSA and Waste Management Licenses must ensure compliance with CAR.
More information about the legal background of CAR, and their implementation, can be found on the 'Water Framework Directive' section of the SEPA website.
SEPA - Water Framework Directive : Regulatory Regimes
SEPA Water Framework Directive Website
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