Environmental guidance for your business in Northern Ireland & Scotland

Water
Recently Added Legislation

2015

The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015

Amends the Private Water Supplies (Scotland) Regulations 2006 and the Public Water Supplies (Scotland) Regulations 2014. These regulations aim to further improve the quality of water for human consumption and protect human health particularly with regards to radioactivity.

2016

The Conservation of Salmon (Scotland) Amendment Regulations 2016

Amends the Conservation of Salmon (Scotland) Regulations 2016 by including that the prohibition on retaining salmon caught in inland waters, does not apply to any salmon caught on or after 1st July 2017 in the River Ness and all inland waters which drain, or drain to some extent, to the outflow point, but excluding the River Moriston and all areas of inland waters which drain, or drain to some extent, to the outflow point on the north shore of Loch Ness at Invermoriston

Current Legislation

This page provides links to the full text of key pieces of Water environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

Recently added legislation can be found at the foot of the page.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 SSI 298

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

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.

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.

The Conservation of Salmon (Scotland) Amendment Regulations 2016

Amends the Conservation of Salmon (Scotland) Regulations 2016 by including that the prohibition on retaining salmon caught in inland waters, does not apply to any salmon caught on or after 1st July 2017 in the River Ness and all inland waters which drain, or drain to some extent, to the outflow point, but excluding the River Moriston and all areas of inland waters which drain, or drain to some extent, to the outflow point on the north shore of Loch Ness at Invermoriston

Control of Pollution Act 1974 40 Part II

Sets out general principles of prevention of water pollution and outlines SEPA's roles and responsibilities.

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.

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 SEPA 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.

Sewerage (Scotland) Act 1968 c.47 (not available online)
Requires the water and sewerage undertaker to provide public sewers as necessary for domestic sewage, surface water and trade effluent. Regulates discharges of trade effluent by grant of consent or by agreement.

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.

The Water Environment (River Basin Management Planning etc.) (Miscellaneous Amendments) (Scotland) Regulations 2015Amends the river basin management planning regulations and the Water Environment Controlled Activities (Scotland) Regulations 2011 to take account of Directive 2013/39/EU, 2014/80/EU relating to water quality standards and priority substances.Revokes the Water Environment (Groundwater and Priority Substances) (Scotland) Regulations SSI 2009/420

Water Environment (Controlled Activities) (Scotland) Regulations 2011 SSI 209

Replaces CAR 2005/348 (as amended). Increases the transparency and efficiency of processing applications for water use licences, and increases flexibility to deal with emergencies with imminent risks of serious harm to people, property or the environment.

The Water Environment (Controlled Activities)(Scotland) Amendment Regulations 2013 No 176

These regulations amend the rules governing a number of activities that affect the water environment, including works close to or in watercourses, certain agricultural activities and the storage and use of pesticides.

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.

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 Resources (Scotland) Act 2013

Makes provisions for the development of Scotland’s water resources through improved water quality, the creation of contracts for non-domestic sewerage services, protection of the public sewer network and the maintenance of private sewerage works. It also contains provisions to enable the creation of water shortage orders.

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.

Water (Scotland) Act 1980 (not available online)
Sets out the general duties and powers of the statutory water undertaker in Scotland to supply water, maintain water quality, and conserve and protect water resources.

Water Quality (Scotland) Regulations 2010 SSI 95

Amends the Water (Scotland) Act 1980 to enable local authorities to require the owners of premises where water is supplied to the public (eg schools, hospitals and restaurants) to remedy water quality problems caused by the domestic water system.

The Private Water Supplies (Scotland) Regulations 2006

These regulations set out standards of water quality in private water supplies that are used for human consumption. The regulations require Local Authorities to identify a “relevant person” who is responsible for the supply. The presence of a business or employer on a private supply means that statutory testing must be carried out to determine whether supplies are wholesome. This may mean that costs have to be met for testing, treatment and maintenance.Grants may be available from Local Councils, to both individuals or companies wishing to improve their private water supplies.

The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015

Amends the Private Water Supplies (Scotland) Regulations 2006 and the Public Water Supplies (Scotland) Regulations 2014. These regulations aim to further improve the quality of water for human consumption and protect human health particularly with regards to radioactivity.

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