The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact, with changes the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991 (“the 1991 Regulations”), which require persons with custody or control of a crop being made into silage, of livestock slurry or of certain fuel oil to carry out works and take precautions and other steps for preventing pollution of inland or coastal waters.

The principal changes are–

(a) to clarify the meaning of the term “silage”;

(b) to make provision to ensure that places where silage is proposed to be stored are at least 10 metres from inland or coastal waters;

(c) to allow persons making bulk bagged silage on farms to do so without restrictions where bags in which that silage is kept incorporate a facility which allows for the safe removal of excess effluent;

(d) to remove the 30 days notice provision in the 1991 Regulations where bulk bagged silage is made in an acceptable manner since that provision is now considered to be unnecessary;

(e) to allow for substantial reconstruction of an exempt structure with the agreement of SEPA, where the risk of pollution will be reduced;

(f) to extend the powers available to SEPA to serve notices in respect of all structures used for purposes covered by the 1991 Regulations rather than being restricted to exempt structures where there is a significant risk of pollution identified; and

(g) to allow SEPA in cases where a notice requiring works is necessary to require the drawing up and implementation of a Farm Waste Management Plan in accordance with methods identified for the collection, storage and land application of slurry and manure contained within guidance currently contained within the Code of Good Practice for the Prevention of Environmental Pollution From Agricultural Activity.

Copies of the documents published by the British Standards Institution referred to in the Regulations may be obtained from any of the sales outlets of the British Standards Institution or by post from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE (Telephone number: Milton Keynes 01908 220022) and copies of the Code of Good Practice for the Prevention of Environmental Pollution From Agricultural Activity may be obtained free of charge from the Scottish Executive Rural Affairs Department, 47 Robb’s Loan, Edinburgh EH14 1TY or from SERAD local area offices. A Regulatory Impact Assessment in relation to these Regulations has been placed in the Scottish Parliament Information Centre and copies can be obtained from the Environment Protection Unit, the Scottish Executive Rural Affairs Department, Victoria Quay, Edinburgh EH6 6QQ.