The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations transpose for Scotland the requirements of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. The objective of the Directive is to ensure that measures are taken to reduce and prevent nitrate pollution from agricultural sources. It provides a framework for action to reduce nitrate levels in the catchments of rivers and groundwater sources affected by such pollution, and to reduce eutrophication of freshwater bodies, estuaries, and coastal waters.

In particular, Regulation 3 places a duty on the Secretary of State to designate nitrate vulnerable zones, to review them at least every 4 years and to revise or add zones as necessary. Regulation 4 places a duty on the Scottish Environment Protection Agency to monitor over the period of a year, ending not later than 19 December 1997, the nitrate concentration of surface water and ground water, and to repeat that exercise at least every 4 years. It also obliges the Scottish Environment Protection Agency to review, again not later than 19 December 1997 the level of enrichment by nitrogen compounds (“eutrophication”) of rivers, lochs, estuaries and coastal waters: this also has to be repeated every 4 years. Regulation 6 places a duty on the Secretary of State to establish action programmes in designated nitrate vulnerable zones with the aim of reducing water pollution caused by nitrates from agricultural sources. Regulation 7 provides for the content of action programmes.

Copies of the Code of Good Practice referred to in Regulation 5 may be obtained free of charge from SOAEFD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.