The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2016

Scottish Statutory Instruments

2016 No. 251

Environmental Protection

Shellfish

Water

The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2016

Made

1st September 2016

Laid before the Scottish Parliament

5th September 2016

Coming into force

4th October 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 5A(1) and (6) of the Water Environment and Water Services (Scotland) Act 2003(1) and of all other powers enabling them to do so.

In accordance with section 5A(2) of that Act, they consider it desirable for the area of coastal water designated by this Order to be so designated under section 5A(1) for the protection or development of economically significant shellfish production.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2016 and comes into force on 4th October 2016.

(2) In this Order “the Act” means the Water Environment and Water Services (Scotland) Act 2003.

Shellfish Water Protected Area

2.—(1) The area of coastal water identified on the map(2) is designated as a shellfish water protected area for the purposes of Part 1 of the Act as applied by regulation 5 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(3).

(2) The map referred to in paragraph (1) is the map prepared for the purposes of this Order and laid before the Scottish Parliament in accordance with section 5A(6) of the Act.

ROSEANNA CUNNINGHAM

A member of the Scottish Government

St Andrew’s House,

Edinburgh

1st September 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates Loch Ryan as a shellfish water protected area for the purposes of Part 1 (protection of the water environment) of the Water Environment and Water Services (Scotland) Act 2003 as applied by regulation 5 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004.

This area is identified by reference to a map prepared for the purposes of this Order and laid before the Scottish Parliament in accordance with section 5A(6) of that Act. The map has been published by the Scottish Ministers and is available on their website at www.gov.scot/Topics/Environment/Water/.

(1)

2003 asp 3. Section 5A was inserted by section 54 of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7). It is modified in its application to the Solway Tweed River Basin District (within which the area to be designated lies) by regulation 5 and paragraphs 1 and 2A of schedule 4 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99). The Solway Tweed River Basin District is identified under regulation 3 of those Regulations.

(2)

The map was laid before the Scottish Parliament on 5th September 2016 under reference SG/2016/138.

(3)

S.I. 2004/99, as relevantly amended by S.I. 2016/139.