Publication - Consultation paper

Delivering Scotland's river basin management plans: consultation

Published: 8 Dec 2016
Economic Development Directorate
Part of:
Environment and climate change

A consultation inviting responses to proposed changes to The Water Environment (Controlled Activities) (Scotland) Regulations 2011.

51 page PDF

477.6 kB

51 page PDF

477.6 kB

Delivering Scotland's river basin management plans: consultation
8. New Definitions

51 page PDF

477.6 kB

8. New Definitions

The additions and changes described in the preceding sections introduce new terms which would benefit from legal definitions. We therefore propose to add the following definitions at Part 2 of Schedule 3 of CAR:

"container" means a single or double skinned fixed tank, a drum, a mobile bowser or (even if not connected to fixed pipe or fixed pipework) an intermediate bulk container.

"crop requirement" means the amount of nitrogen fertiliser in kilograms ("kg") which it is reasonable to apply to land in any year having regard to the foreseeable nitrogen requirement of the crop growing or to be grown on the land and the nitrogen supply to the crop from the soil and from other sources, including any previous applications of livestock and other organic manures.

"drum" means an oil drum or similar container used for storing oil

"eroding bank" means any bank of a watercourse which is being eroded by the action of the river when river levels are sufficiently high.

"fixed tank" includes an intermediate bulk container which is connected to fixed pipework

"invasive non-native species of plants" means any plants identified as such by Scottish Ministers in directions they give 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.

"maintaining existing man-made structures" means undertaking any routine, recurring work needed to keep structures in the state of repair necessary to ensure that they can continue to serve their normal, intended functions. It includes running repairs, such as re-pointing or replacing worn or damaged parts ( e.g. corroded debris screens or fixings) provided that the works do not extend the structures beyond their current footprints or change their structural characteristics.

"minor bridge" means a bridge having no part of its structure within the channel of a river, burn or ditch and constructed for the purpose of supporting a footpath, cycle route, single track road, single track railway or pipeline.

"oil" means any kind of oil other than solid products, such as uncut bitumen, and includes fuel oil, waste oil, biofuel mixtures, vegetable oil, plant oil, lubricant oil and hydraulic oil.

"plant protection products" mean products, in the form in which they are supplied to the user, consisting of, or containing, active substances, safeners or synergists, and intended for one of the following uses:

(i) protecting plants or plant products against all harmful organisms or preventing the action of such organisms, unless the main purpose of these products is considered to be for reasons of hygiene rather than for the protection of plants or plant products;

(ii) influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient;

(iii) preserving plant products;

(iv) destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants; or

(v) checking or preventing undesired growth of plants, except algae unless the products are applied on soil or water to protect plants.

"root wad" means the lower part of the trunk of a tree with the roots still attached and as much of the soil as possible removed so that the roots are left exposed. The tree may be dead or alive.

"secondary containment system" means a drip tray, an area surrounded by a bund or catchpit, or any other system for preventing oil which is no longer in its container from escaping from the place where it is stored.

"shoreline" means the inland limit of land affected by recurring inundation as a result of tidal flows, freshwater flows or wave action. Land affected by such inundation includes: beaches, including storm beaches; all land below mean high water springs; all land below the inland limit of trash lines, other than trash lines resulting from exceptional storms; land supporting wildlife species and habitats adapted to inundation, such as salt marsh; and all land below banks created by such inundation.

" SUD system" has the same meaning as in the Sewerage (Scotland) Act 1968 and an "equivalent system" means a sustainable drainage system that is equivalent to a SUD system in terms of its ability to attenuate, settle or treat water run-off.

"trees or parts of trees" include root wads; brash; stakes made of live willow; and willow spiling.

"water run-off" means

(i) any water from rainfall, or any meltwater from ice or snow flowing over, or horizontally through, the surface of the ground; and

(ii) any matter picked up by that water as it does so.

"well" includes a permeable underground collection tank.

"willow spiling" means live willow rods woven between live willow uprights driven into the bank or bed of a watercourse.