The Water Environment (Diffuse Pollution) (Scotland) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under sections 20 and 36(3) of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 (asp 3), make amendments to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) (CAR) and to the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 (S.S.I. 2003/531) (SSAFO).

Schedule 3 of CAR is amended to effect changes to the General Binding Rules contained there by adding as Rule 18 to 24, General Binding Rules relating to the control of diffuse pollution, and in particular–

(a) the storage and application of fertiliser;

(b) the keeping of livestock;

(c) land cultivation;

(d) the discharge of water run off via a surface water drainage system;

(e) the construction and maintenance of certain types of road and track;

(f) the application of pesticides; and

(g) the operating of sheep dipping facilities.

Regulation 3 of SSAFO is amended through the addition of 4 new paragraphs which provide for an alternative form of disposal for certain types of slurry. Schedule 1 of SSAFO is amended through the addition of provisions which provide for an alternative form of disposal for a certain type of silage effluent. Regulation 1 of SSAFO is amended in order to accommodate such changes.

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from Water, Air, Soils and Flooding Division, Victoria Quay, Edinburgh EH6 6QQ.