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Water Environment and Water Services (Scotland) Act 2003

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This is the original version (as it was originally enacted).

7Register of protected areas
This section has no associated Explanatory Notes

(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—

(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,

(c)nutrient-sensitive areas, and

(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.

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