Explanatory Notes

Water Resources (Scotland) Act 2013

2013 asp 5

9th April 2013

The Act – Section by Section

Part 2 – Control of Water Abstraction

Section 18 – Abstraction-related offence

31.This section provides that it is a criminal offence wilfully or recklessly to make a qualifying abstraction that is not approved or exempt, or wilfully or recklessly to breach any conditions attached to an approval as to the rate at which water may be abstracted or the purposes for which the water may be used.

32.On summary conviction, the maximum fine for this offence is the statutory maximum (currently £10,000) whereas, on conviction on indictment, it is an unlimited fine.