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(1)A controlled reservoir includes its basin, spillways, valves, pipes and any other thing which—
(a)controls the flow of the water,
(b)facilitates the storage of water in it,
(c)supports such control or storage.
(2)The following structures or areas are not controlled reservoirs (and are not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 1(3) or (4))—
(a)ponds within extractive waste sites or waste facilities,
(b)canals or other inland waterways,
(d)structures or areas of water designed to protect land from the sea,
(e)sewage sludge lagoons,
(f)road and railway embankments,
(3)Regulations by the Scottish Ministers may make provision as to—
(a)what constitutes any of the structures or areas referred to in subsection (2),
(b)what other thing (if any) described in the regulations is not a controlled reservoir (and is not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 1(3) or (4)).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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