ea

any water covering land or land covered with water which is in such a state as to be prejudicial to health or a nuisance;

5ZA

For the purposes of subsection (1)(ea) above, “land”—

a

includes structures (other than buildings) in, on or over land;

b

does not include—

i

mains or other pipes used for carrying a water supply;

ii

any part of the public sewerage system;

iii

any other sewers, drains or other pipes used for carrying sewage;

iv

the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides;

v

the seabed.

5ZB

In subsection (5ZA) above—

• “drain”, “sewage” and “sewer” have the meanings given by section 59 of the Sewerage (Scotland) Act 1968 (c. 47);

• “main” has the meaning given by section 109(1) of the Water (Scotland) Act 1980 (c. 45);

• “pipe” includes a service pipe within the meaning of that section of that Act;

• “public sewerage system” has the meaning given by section 29 of the Water Services etc. (Scotland) Act 2005 (asp 3).