Water Environment and Water Services (Scotland) Act 2003

11 River basin management plans: publicity and consultation

(1) Not less than 3 years before the beginning of the period to which a river basin management plan is to relate, SEPA must publish a statement setting out—

(a) the steps under this section, and any other consultation measures, which it is to take in connection with the preparation of the plan, and

(b) the dates on or by which those steps and measures are to be taken.

(2) Not less than 2 years before the beginning of the period to which a river basin management plan is to relate, SEPA must publish a summary of the significant water management issues which it considers arise in relation to the river basin district in question.

(3) Not less than one year before the beginning of the period to which a river basin management plan is to relate, SEPA must publish a draft of the plan.

(4) Publication of a statement under subsection (1), a summary under subsection (2) and a draft plan under subsection (3) is to be in such manner as SEPA thinks fit.

(5) On publishing a statement, a summary or a draft plan SEPA must—

(a) publicise—

(i) that fact,

(ii) the arrangements for making copies of the statement, summary or draft plan available for public inspection in pursuance of paragraph (b), and

(iii) the opportunity to make representations about the statement, summary or draft plan under subsection (7),

(b) make copies of the statement, summary or draft plan available for public inspection free of charge for such period, which must be at least 6 months beginning with the date of its publication, as SEPA may determine,

(c) consult the persons specified in subsection (6),

(d) take such steps as it thinks fit for the purpose of encouraging those persons to participate appropriately in the preparation of the plan.

(6) The persons referred to in subsection (5)(c) are—

(a) Scottish Natural Heritage,

(b) Scottish Water,

(c) every responsible authority which has functions exercisable in or in relation to the river basin district in question,

(d) every local authority any part of whose area is within the river basin district,

(e) every district salmon fishery board any part of whose salmon fishery district is within the river basin district,

(f) where any part of the river basin district has been designated as a National Park, the National Park authority for that National Park,

(g) such persons as appear to SEPA to be representative of the interests of those carrying on any business which relies upon the water environment within the river basin district,

(h) such persons as appear to SEPA to have an interest in the protection of the water environment within the river basin district,

(i) such persons as appear to SEPA to have an interest in the promotion of sustainable flood management,

(j) such other persons as SEPA thinks fit.

(7) Any person who wishes to make representations to SEPA about a statement, summary or draft plan may do so within the period determined under subsection (5)(b).

(8) In preparing the draft river basin management plan SEPA must take into account—

(a) any views on the statement or summary relating to the plan expressed by those consulted under subsection (5)(c), and

(b) any representations about the statement or summary,

which are received by SEPA within the period determined under subsection (5)(b).

(9) In preparing the river basin management plan for submission to the Scottish Ministers SEPA must take into account—

(a) any views on the draft plan expressed by those consulted under subsection (5)(c), and

(b) any representations about the draft plan,

which are received by SEPA within the period determined under subsection (5)(b).

(10) Where SEPA is required under this section or section 12 or 13 to publicise any matter in connection with a river basin management plan, it—

(a) must do so by means of a notice published in—

(i) at least one newspaper circulating throughout Scotland, and

(ii) such local newspapers circulating in the river basin district in question, or any part of it, as it thinks fit, and

(b) may further publicise the matter by such electronic or other means as it thinks fit.