Flood Risk Management (Scotland) Act 2009

Assessment of possible contribution of alteration etc. of natural features and characteristics

20 SEPA to assess possible contribution of alteration etc. of natural features and characteristics

(1) SEPA must, by 22nd December 2013 or such other date as the Scottish Ministers may direct, assess whether alteration (including enhancement) or restoration of natural features and characteristics of any river basin or coastal area in a flood risk management district could contribute to the management of flood risk for the district.

(2) For the purposes of this Act, natural features and characteristics include such features and characteristics which can assist in the retention of flood water, whether on a permanent or temporary basis, (such as flood plains, woodlands and wetlands) or in slowing the flow of such water (such as woodlands and other vegetation), those which contribute to the transporting and depositing of sediment, and the shape of rivers and coastal areas.

(3) SEPA must—

(a) by such date as the Scottish Ministers may direct, review and where appropriate update its assessment under subsection (1), and

(b) by the end of the period of 6 years beginning with that date, and of each subsequent period of 6 years (or, in each case, such lesser period as the Scottish Ministers may direct) review and where appropriate update the latest assessment reviewed under this subsection.

(4) Each assessment under subsection (1), and each assessment updated after review under subsection (3) must—

(a) take into account the flood risk assessment, any flood hazard maps and flood risk maps and any flood risk management plan for the time being applicable to the flood risk management district, and

(b) refer to a map showing where alteration (including enhancement) or restoration of natural features and characteristics of any river basin or coastal area in the district could contribute to management of flood risk in the district.

(5) The map referred to in subsection (4)(b) must be prepared at a scale which SEPA considers will assist in—

(a) the identification of measures under section 27(4)(b), and

(b) the inclusion of information in local flood risk management plans under section 34(3)(b)(ii) and (4)(c)(i).

(6) SEPA must make available for public inspection copies of—

(a) any assessment under this section for the time being applicable to each flood risk management district, and

(b) the map to which the assessment refers.