The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013

Preparation of programme of measures

9.—(1) Each programme of measures under section 9(1)(b) of the Act must include measures to achieve the environmental objectives set for each shellfish water protected area pursuant to regulation 3.

(2) Where monitoring or other data indicate that any such environmental objective set for the shellfish water protected area is unlikely to be achieved, SEPA must take steps to ensure that—

(a) the causes of the possible failure are investigated;

(b) any relevant permits and authorisations are examined and reviewed as appropriate;

(c) the associated monitoring programme is reviewed and adjusted as appropriate; and

(d) any additional measures needed to achieve those objectives (subject to the application of regulations 4 to 7) are included in the programme of measures applying to that area.

(3) Each measure in the programme of measures to be applied to achieve an environmental objective set pursuant to regulation 3, must be implemented, so far as may be applicable, by—

(a) the Scottish Ministers in exercising their functions under the relevant enactments;

(b) SEPA in exercising its functions under the relevant enactments; and

(c) each responsible authority in exercising its designated functions.

(4) Each programme of measures, in so far as it comprises measures to achieve an environmental objective, must be reviewed and, if necessary, updated by 22nd December 2015 and every 6 years after that.

(5) Where a programme of measures is updated under paragraph (4), any new or revised measure to achieve an environmental objective which is included in the updated programme must be implemented within 3 years of the date on which that measure was added or revised.