The Water Environment (Remedial Measures) (Scotland) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for SEPA to serve a notice (“a remedial measures notice”) on an “appropriate person” requiring that person to undertake specified remedial measures (regulation 3).

An “appropriate person” means the Scottish Ministers, Network Rail or any public body or office holder designated as a “responsible authority” by an order under section 2 of the Water Environment and Water Services (Scotland) Act 2003.

SEPA may only serve a remedial measures notice if satisfied that—

(a) the appropriate person owns, manages, maintains or is otherwise responsible for an artificial structure which by virtue of its detrimental impact on the characteristics of a body of water is likely to prevent or delay the achievement of an environmental objective;

(b) it is necessary or expedient for the purposes of facilitating the achievement of that objective for that person to undertake the remedial measures; and

(c) the measures specified in the remedial measures notice are necessary and proportionate for those purposes.

It is an offence to fail to comply with a remedial measures notice (regulation 11). A person who has been served a remedial measures notice may appeal to the Scottish Ministers against the notice (regulation 16).

No business and regulatory impact assessment has been prepared for these Regulations as no significant change is foreseen to the existing impacts upon business, charities or voluntary bodies.