The Water Framework Directive (“WFD”) introduced a comprehensive framework for protecting and improving the condition of the water environment across Europe through a process of river basin management planning. In December 2015, the second River Basin Management Plans (“RBMPs”) for Scotland were published. These set out how Scotland's public bodies, businesses and land managers will work together to protect and improve the environmental quality of our rivers, lochs and seas over the period to 2027.
To facilitate delivery of the objectives set out in the RBMPs, the Water Environment (Controlled Activities) (Scotland) Regulations (“CAR”) were introduced in 2005. These Regulations provide for controls on a range of activities likely to have an adverse effect on the water environment, including impoundments, abstractions, engineering in or near the water environment, discharges and diffuse pollution. CAR also provides protection of groundwater by controlling the discharge of certain substances to the water environment, including all pesticides.
This consultation invites stakeholders to respond to proposed changes to The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (“CAR”).
There are 4 key elements to this consultation:
• proposed points of clarification and consolidation to the general binding rules in Schedule 3 of CAR;
• proposed new general binding rule regarding bank reinforcement;
• proposed integration of the Water Environment (Oil Storage) (Scotland) Regulations 2006 into CAR as general binding rules;
• proposed minor amendments in the interests of clarity.