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The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013

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The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013, Section 23 is up to date with all changes known to be in force on or before 25 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Identification of significant and sustained upward trends and the definition of starting points for trend reversalsF1F2S

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23.—(1) SEPA must, in accordance with Annex IV to the Groundwater Directive, for any body of groundwater (or, as the case may be, group of such bodies) that it has characterised as being at risk of failing to meet the environmental objectives set pursuant to regulation 3(1)—

(a)identify any significant and sustained upward trend in the concentration of a pollutant, a group of pollutants or any indicator of pollution; and

(b)determine the starting point for reversing that trend.

(2) SEPA must, in accordance with Part B of Annex IV to the Groundwater Directive, take steps to ensure that each programme of measures will reverse trends which present a significant risk of harm to the quality of aquatic ecosystems or terrestrial ecosystems, to human health, or to actual or potential legitimate uses of the water environment, in order progressively to reduce pollution and prevent deterioration of groundwater.

(3) SEPA must determine the starting point for trend reversal as a percentage of the level of the groundwater quality standards and threshold values, on the basis of the identified trend and the associated environmental risk, in accordance with paragraph 1 in Part B of Annex IV to the Groundwater Directive.

(4) Where necessary to assess the impact of existing plumes of pollution in a body of groundwater that may threaten the achievement of the environmental objectives set pursuant to regulation 3(1) including, in particular, plumes resulting from point sources and contaminated land, SEPA must carry out additional trend assessments for identified pollutants to verify that plumes from contaminated sites—

(a)do not expand;

(b)do not deteriorate the chemical status of the body of groundwater (or the group of such bodies); and

(c)do not present a risk for human health and the environment.

(5) The river basin management plan (or the next update of it) must include a summary of—

(a)the way in which the trend assessment from individual monitoring points within the body of groundwater (or group of such bodies) has contributed to identifying, in accordance with section 2.5 (presentation of groundwater status) of Annex V to the Water Framework Directive, that the body (or group of such bodies) is subject to a significant and sustained upward trend in concentration of any pollutant or a reversal of that trend;

(b)the reasons for the starting points determined pursuant to paragraph (3); and

(c)the results of any assessment under paragraph (4).

F21972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c. 51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

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