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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 9 is up to date with all changes known to be in force on or before 17 September 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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Environmental objectives: sustainable human development activitiesF1F2S

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9.  For the purposes of these Regulations and Part 1 of the Act (in particular section 9(7)(a)), a failure to prevent deterioration from high status to good status of a body of surface water is not a breach of the environmental objectives set pursuant to regulation 3(1) if the failure is the result of new sustainable human development activities, and the following conditions are met—

(a)all practicable steps are taken to mitigate the adverse impact on the status of the body of water;

(b)the activities are of overriding public interest and/or the benefits to the environment and to society of achieving the environmental objectives are outweighed by the benefits of the activities to human health, to the maintenance of human safety, or to sustainable development;

(c)the beneficial objectives served by those activities cannot for reasons of technical feasibility or disproportionate costs, be achieved by other means, which are a significantly better environmental option; and

(d)the nature of the activities are set out and explained in the river basin management plan (or the next update of it) and the environmental objectives are reviewed every 6 years.

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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