2002 No. 276
WATER

The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002

Made
Laid before Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002, and shall come into force on 1st July 2002.

(2)

These Regulations extend to Scotland only.

Interpretation2.

(1)

In these Regulations–

“code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity Nitrogen and Phosphorous Supplement published in 2001 by the Scottish Executive which are aimed at reducing pollution by nitrates2;

“deposited map” means each of the maps which collectively delineate the extent of a nitrate vulnerable zone and which are signed as relative to this Order;

“the 1991 Directive” means Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources3;
“ the 1996 Regulations” means the Protection of Water against Agricultural Nitrate Pollution (Scotland ) Regulations 19964;

“nitrate vulnerable zone” means any area of land designated by virtue of regulation 3,

and any expressions used in the 1991 Directive have the same meaning as in that Directive.

(2)

Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations, and any reference in these Regulations to a numbered Article is to the Article so numbered in the 1991 Directive.

Nitrate vulnerable zones3.

The areas of land shown delineated in blue in each of the deposited maps, being areas of land in Scotland which drain into and contribute to pollution of the waters which the Scottish Ministers have identified, in accordance with Article 3(1), as waters affected by pollution and waters which could be affected by pollution if action pursuant to Article 5 were not taken, are hereby designated in accordance with Article 3(4).

Publication of maps4.

At least one copy of each deposited map shall be made available for public inspection at–

(a)

the Office of the Scottish Executive, Victoria Quay, Edinburgh;

(b)

the Office of the Scottish Executive, Pentland House, Robb’s Loan, Edinburgh; and

(c)

the Local Area Office or Sub-office of the Scottish Executive Rural Affairs Department which is closest to the relevant nitrate vulnerable zone.

Codes of good agricultural practice5.

The code of good agricultural practice shall have effect as the code of good agricultural practice established for the purposes of Article 4 of the Directive.

Amendment of the 1996 Regulations6.

(1)

The 1996 Regulations are amended as follows.

(2)

In regulation 2(1) (interpretation)–

(a)

for the definition of “code of good agricultural practice5” there is substituted–

““code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity Nitrogen and Phosphorous Supplement published in 2001 by the Scottish Executive which are aimed at reducing pollution by nitrates”;

(b)

the definition of “first nitrate vulnerable zone6” is omitted; and

(c)

for the definition of “nitrate vulnerable zone” there is substituted–
““nitrate vulnerable zone” means any area of land designated by virtue of regulation 3 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 20027

(3)

In regulation 6 (action programmes)–

(a)

in paragraph (3)8 the words “Subject to paragraph (3A) below,” are omitted;

(b)

paragraph (3A)9 is omitted; and

(c)

for paragraph (4), there is substituted–

“(4)

An action programme shall be implemented within four years of its establishment.”.

Revocations and savings provision7.

(1)

Subject to paragraph (2), regulation 3(1) of and Schedule 4 to the 1996 Regulations10 are hereby revoked.

(2)

Notwithstanding the revocation of regulation 3(1) of and Schedule 4 to the 1996 Regulations, the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 199811 shall continue to apply to the area of land specified in paragraph 1 of Schedule 4 to the 1996 Regulations.
ROSS FINNIE
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations further implement in Scotland the requirements of Council Directive 91/676/EEC (“the Directive”) 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.

Regulation 3 designates further nitrate vulnerable zones. Regulation 4 makes provision for maps of nitrate vulnerable zones to be available for public inspection. Regulation 5 provides that the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity Nitrogen and Phosphorous Supplement is the code of practice established for the purposes of Article 4 of the Directive. Regulation 6 makes consequential amendments to the Protection of Water against Agricultural Nitrate Pollution (Scotland) Regulations 1996 (S.I. 1996/1564) (“the 1996 Regulations”). Regulation 7 revokes the provisions of the 1996 Regulations which designate two nitrate vulnerable zones in Scotland. These nitrate vulnerable zones have been subsumed in the areas designated by these Regulations.

Copies of the Code of Good Agricultural Practice referred to in regulation 4 may be obtained free of charge from SEERAD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.