Water Environment and Water Services (Scotland) Act 2003 (asp 3)

Part 1 S Protection of the water environment

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) (2.1.2004) by Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245), regs. 1(1), 6 (as amended (10.4.2017) by S.I. 2017/407, reg. 1(a), Sch. 4 para. 1(4) (with reg. 1(c))

C2 Pt. 1 applied (with modifications) (10.2.2004) by Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99), regs. 1(1), 5(1), Sch. 4 (with reg. 5(2))

Chapter 3 S Measures for protection of the water environment

Yn ddilys o 10/07/2008

22 Remedial and restoration measures S

(1) The Scottish Ministers may by regulations make such provision for or in connection with remedial or restoration measures as they consider necessary or expedient for the purposes of facilitating the achievement of the environmental objectives set out in river basin management plans.

(2) In this section “remedial or restoration measures” means the carrying out of any operations or works, or the taking of any other action, in relation to any land or body of water with a view to—

(a) remedying or mitigating the effects of any pollution (as defined in section 20(6)) of the water environment,

(b) improving or restoring the characteristics of any body of water.

(3) Regulations under this section may, in particular, make provision—

(a) conferring on SEPA or any responsible authority power to undertake, or arrange for the undertaking of, remedial or restoration measures,

(b) for determining which other persons (if any) are the appropriate persons to bear responsibility for remedial or restoration measures and conferring on SEPA or any responsible authority power—

(i) to serve notices requiring such persons to undertake remedial or restoration measures, or

(ii) to undertake, or arrange for the undertaking of, such measures at the expense of such persons.