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The Bathing Waters (Scotland) Regulations 2008

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Management measures at bathing waters affected by other pollution

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16.  (1)  This regulation applies where an interested party is aware of pollution which–

(a)takes the form of tarry residues, glass, plastic, rubber or any waste; and

(b)is of such an amount as to require remedial and restorative measures to be undertaken to a bathing water.

(2) In determining the amount of pollution that requires remedial or restorative measures under paragraph (1) the interested parties must take into account whether it presents a risk to bathers' health.

(3) The interested party must notify the existence of the pollution to–

(a)the other interested parties;

(b)the person with proprietorial interest in the bathing water; and

(c)where the bathing water or any part of it forms part of a European site or of land which is a SSSI, SNH.

(4) Subject to the provisions of any enactment relative to the protection of European sites or land which is a SSSI, the relevant local authority must take such action as is necessary in order to remedy or mitigate the effect of the pollution within 7 days of becoming aware of it.

(5) When complying with its obligations under paragraph (4), a local authority must give reasonable notice to the owner of the land–

(a)upon which it requires to carry out remedial or restorative measures; or

(b)that it requires to cross in order to carry out such works.

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