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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.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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