The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Regulations 4(1)(b) and

SCHEDULE 2 Substances referred to in regulations 4(1)(b) and 28(1)(b)(iii)

1.  Subject to paragraph 2, a substance is listed in this Schedule if it belongs to one of the following families or groups of substances–

(a) organohalogen compounds and substances which may form such compounds in the aquatic environment;

(b) organophosphorus compounds;

(c) organotin compounds;

(d) substances which possess carcinogenic, mutagenic or teratogenic properties in or via the aquatic environment;

(e) mercury and its compounds;

(f) cadmium and its compounds;

(g) mineral oils and hydrocarbons;

(h) cyanides.

2.  A substance is not listed in this Schedule if it has been determined by SEPA to be inappropriate to be so listed on the basis of a low risk of toxicity, persistence and bioaccumulation.

3.  SEPA shall publish any determination it makes under paragraph 2 in such manner as it considers appropriate to bring it to the notice of persons affected by, likely to be affected by, or interested in the determination and shall make copies of the determination available to the public free of charge.