The Scotland River Basin District (Surface Water Typology, Environmental Standards, Condition Limits and Groundwater Threshold Values) Directions 2009
The Scottish Ministers give the following Directions to SEPA, in exercise of the powers conferred by section 40(1) and (2) of the Environment Act 1995 ( a), section 2(6) of the Water Environment and Water Services (Scotland) Act 2003 ( b) and of all other powers enabling them to do so, having carried out a consultation with SEPA in accordance with section 40(6) of the Environment Act 1995.
Citation and commencement
1. These Directions may be cited as the Scotland River Basin District (Surface Water Typology, Environmental Standards, Condition Limits and Groundwater Threshold Values) Directions 2009 and shall come into force on 15 th December 2009.
Interpretation
2. -(1) In these Directions-
"the 2003 Act" means the Water Environment and Water Services (Scotland) Act 2003 (as may be amended from time to time);
"the 2005 Regulations" means the Water Environment (Controlled Activities) (Scotland) Regulations 2005 ( c) (as may be amended from time to time);
"the Directive" means Directive 2000/60/ EC of the European Parliament and of the Council of 23rd October 2000, establishing a framework for Community action in the field of water policy ( d) (as may be amended from time to time);
"the Scotland river basin district" means the river basin district designated under regulation 2(1) of the Water Environment and Water Services (Scotland) Act 2003 (Designation of Scotland River Basin District) Order 2003 ( e).
" SEPA" means the Scottish Environment Protection Agency.
(2) Unless otherwise defined in these Directions, words and expressions used in these Directions shall have the same meaning as they do in the 2003 Act, and where undefined in the 2003 Act, they shall have the same meaning in these Directions as they do in the Directive.
(3) For the purposes of Schedules 1 to 6, the definitions in Schedule 7 shall have effect.
Application of the Directions
3. -(1) Subject to paragraph (2), these Directions apply to surface water and groundwater in the Scotland river basin district.
(2) Where SEPA is performing a function under legislation identifying or designating a protected area of a type referred to in Annex IV to the Directive, and that legislation specifies an environmental standard that is more stringent than that specified in these Directions, SEPA shall apply the more stringent standard when performing that function.
( a) 1995 c.25. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998(C.46).
( b) 2003 asp. 3.
( c) S.S.I. 2005/348, as amended by S.S.I. 2006/553, S.S.I. 2007/219, S.S.I. 2008/54, and S.S.I. 2008/170.
( d) O.J. No. L 327, 22.12.2000, p.1.
( e) S.S.I. 2003/610.
Surface Water Typology, Environmental Standards, Condition Limits and Groundwater Threshold Values
4. -(1) In order to work towards achieving the environmental objectives referred to in Article 4 of the Directive and when exercising the functions listed in paragraph (2), SEPA shall:
(a) assign a Type or Types to each river, loch, transitional water and coastal water, or part thereof in accordance with Schedule 1 to these Directions.
(b) apply environmental standards to each river, loch, transitional water and coastal water, or part thereof, according to its assigned Type or Types, in accordance with Parts A, B and C of Schedule 2 to these Directions.
(c) calculate morphological condition values for the relevant features of each river, loch, transitional water and coastal water, or part thereof, in accordance with Schedule 3 to these Directions and have regard to the condition limits specified in Schedule 3 to these Directions when assessing the morphological condition, hydrological regime condition, river continuity condition, or tidal regime condition, as applicable, of any river, loch, transitional water and coastal water, or part thereof.
(d) apply the spatial environmental standards in Schedule 4 to these Directions for the purposes of assessing the ecological status or ecological potential of a body of surface water.
(e) apply the environmental standards for certain dangerous substances in Schedule 5 of these Directions to inland surface waters, transitional waters and coastal waters.
(f) apply the threshold values in Schedule 6 to these Directions to each body of groundwater.
(2) The functions referred to in paragraph (1) are-
(a) any review of the characterisation of the Scotland river basin district according to section 5(3) of the 2003 Act;
(b) monitoring of the status of the water environment in the Scotland river basin district according to section 8 of the 2003 Act;
(c) the setting of environmental objectives for each body of surface water in the Scotland river basin district according to section 9 of the 2003 Act;
(d) preparing a programme of measures to achieve those objectives according to section 9 of the 2003 Act; and
(e) functions under the 2005 Regulations.
Revocation
5. The Scotland River Basin District (Surface Water Typology and Environmental Standards) (Scotland) Directions 2007 are hereby revoked.
These Directions together with the Schedules hereto are subscribed as follows:
They are signed by R Irvine (name of officer)
Head of Water, Air, Soils and Flooding (Division)
Environmental Quality Directorate
At Edinburgh on 11 December 2009
Before this witness:
D Williamson (signature of witness)
David Williamson (full name of witness)
Scottish Government , Environmental Quality Directorate
Victoria Quay
Edinburgh EH6 6QQ____________(address of witness)