The Reservoirs (Scotland) Bill received Royal Assent on April 12, 2011. However, the new Reservoirs (Scotland) Act 2011 is yet to be commenced. Therefore, the 1975 Act as described on the Legislation section, continues to apply.
The Reservoirs (Scotland) Act 2011 represents a significant change in the way reservoirs will be regulated. The Act includes measures to ensure increased protection to the public from the risk of flooding from reservoirs, whilst also ensuring that reservoir owners are fairly treated through a proportionate system.
The most significant change is the move from a capacity-based regime (currently only reservoirs greater than 25,000 cubic metres are regulated) to a risk-based approach;
This will result in some previously unregulated but higher risk reservoirs being brought under the regime, and other large reservoirs which do not pose any risk becoming subject to a lower level of regulation;
The new legislation will provide greater security for people, property and critical infrastructure from the risk of flooding from reservoirs. The basic model of the current safety regime (which is well understood by all involved in the process) has been retained, but with a number of improvements in areas which had been identified as areas of concern. These include -
- New powers and duties for the enforcement authority
- New duties on reservoir managers
- Additional requirements added to the role of panel engineers
Panel engineers will have a key role in ensuring public safety, by supervising reservoirs which pose a risk to the public during construction and their operating life, by undertaking regular inspections, completing reports for the enforcement authority and advising on measures to be taken in the interest of safety.
The enforcement authority will transfer from the 32 Local Authorities who were previously each responsible for the enforcement of the Reservoirs Act 1975, to SEPA.
The legislation requires all reservoirs above the new, lower, minimum volume capacity (now 10,000 cubic metres) to be included on a SEPA register.
SEPA will then classify each reservoir according to whether it poses a threat to human life, property and critical infrastructure if it was to fail. The likelihood of any failure must also be taken into account.
On these criteria, SEPA will classify reservoirs as being 'High', 'Medium' or 'Low' risk. Those sites deemed to pose a 'High' risk will have a greater level of regulation and control than one deemed to be 'Medium' or 'Low' risk.
Risk classification will be re-assessed every 6 years to tie in with the Flood Risk Management (Scotland) Act 2009. This will ensure that the most up-to-date information is used in assigning risk classification.
Reservoir Manager
The manager or operator of the reservoir. Previously, the Reservoir Manager was known as the 'Undertaker'; this has been changed as it was an unpopular term. Reservoir Managers have ultimate responsibility for the safety of their reservoirs, and will have control over the operation of the dam. The definition has been updated so as to ensure organisations who merely lease or use the water, such as angling clubs, will not be responsible for supervisory and maintenance requirements.