SCHEDULE 3MINOR AND CONSEQUENTIAL MODIFICATIONS

PART 3PURPOSES OF SEPA

Environment Act 1995

14

(1)

The Environment Act 1995 is amended as follows.

(2)

In section 31 (guidance on sustainable development and other aims and objectives), after subsection (2) insert—

“(2A)

The Scottish Ministers may give guidance to SEPA with respect to the carrying out of its duties under section 20A.”.

(3)

In the title to section 31, after “on” insert “ SEPA's general purpose and on ”.

(4)

Section 32 (general environmental and recreational duties) is repealed.

(5)

In section 33 (general duties with respect to pollution)—

(a)

subsections (1), (4) and (5) are repealed,

(b)

in subsection (2)—

(i)

for “shall” substitute “ may ”,

(ii)

in paragraph (a), the words “pollution control” are repealed,

(iii)

in paragraph (b), the words “pollution of” are repealed,

(iv)

for “such pollution” substitute “ the general state of the environment ”.

(6)

The title to section 33 becomes “ General duties as respects the state of the environment and effects of pollution ”.

(7)

Section 34 (general duties with respect to water) is repealed.

(8)

Section 36 (codes of practice with respect to environmental and recreational duties) is repealed.

(9)

In section 39 (general duty of the new Agencies to have regard to the costs and benefits in exercising powers)—

(a)

in subsection (1), for “Each new” substitute “ The ”,

(b)

in subsection (2), for “a new” substitute “ the ”.

(10)

In the title to section 39, for the words “new Agencies” substitute “ Agency ”.

(11)

In section 81 (functions of the new Agencies), in subsection (2)—

(a)

the word “means” is repealed,

(b)

at the beginning of paragraph (a) insert “ means ”,

(c)

in paragraph (b), for the words from “the functions” to the end of the paragraph, substitute “ has the same meaning as in section 108(15) below in relation to SEPA ”.