- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
5. Less stringent environmental objectives may be set under section 9(1)(a)(ii) of the Act for a shellfish water protected area instead of those required pursuant to regulation 3 when the area is so affected by human activity, or the natural condition of the area is such that the achievement of the environmental objectives required pursuant to regulation 3 would be infeasible or disproportionately expensive, and the following conditions are met—
(a)the environmental and socio-economic needs served by such human activity cannot be achieved by other means which are a significantly better environmental option not entailing disproportionate costs;
(b)the highest shellfish water quality possible is achieved, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution;
(c)no further deterioration occurs in the shellfish water quality of the affected area; and
(d)the establishment of less stringent environmental objectives, and the reasons for it, are set out in the river basin management plan (or the next update of it) and those objectives are reviewed every 6 years.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy 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 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: