In subsection (1), after paragraph (e), insert—

“(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;”.

After subsection (5), insert—

“(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).”.