SCHEDULES

[F1 SCHEDULE 1A E+W+S Orders Designating Nitrate Sensitive Areas: Scotland]

Textual Amendments

F1 Sch. 1A inserted (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 168, 189(4)-(10), 190, 193(1), Sch. 23 para. 8, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Part I E+W+S Applications by River Purification Authorities for Designation Orders

Orders made only on application E+W+S

1 (1) Subject to sub-paragraph (2) below, the Secretary of State shall not make an order under section 31B of this Act by virtue of which any land is designated as a nitrate sensitive area, except with the consent of the Treasury and on an application which—

(a) has been made by a river purification authority in accordance with paragraph 2 below; and

(b) by virtue of sub-paragraph (2)(a) of that paragraph identifies the controlled waters with respect to which that land is so comprised by the order.

(2) This paragraph shall not apply to an order which reproduces or amends an existing order without adding any land appearing to the Secretary of State to constitute a significant area to the land already comprised in the areas for the time being designated as nitrate sensitive areas.

Procedure for applications E+W+S

2 (1) A river purification authority shall not, for the purposes of paragraph 1 above, apply for the making of any order under section 31B of this Act, by which any land would be comprised in the areas for the time being designated as nitrate sensitive areas unless it appears to the authority—

(a) that pollution is or is likely to be caused by the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of particular land for agricultural purposes; and

(b) that the provisions for the time being in force in relation to those waters and that land are not sufficient, in the opinion of the authority, for preventing or controlling such an entry of nitrate into those waters.

(2) An application under this paragraph shall identify—

(a) the controlled waters appearing to the authority to be the waters which the nitrate is entering or is likely to enter; and

(b) the land appearing to the authority to be the land the use of which for agricultural purposes, or the doing of anything in connection with whose use for agricultural purposes, is resulting or is likely to result in the entry of nitrate into those waters.

(3) An application under this paragraph shall be made by serving a notice containing the application on the Secretary of State.