33 Temporary discharge of water into watercourses.S
(1)Subject to this section [where Scottish Water is carrying out or is] about to carry out the construction, alteration, repair, cleaning or examination of any reservoir, well or borehole, line of pipes or other work forming part of [its] undertaking [, it] may cause the water therein to be discharged into any available watercourse, and for that purpose may lay and maintain in any [road] or in any land not forming part of a [road], . . . , all necessary discharge pipes and apparatus; and such statutory provisions with respect to the breaking open of [roads] as are applicable to [Scottish Water] shall, with any necessary modifications and adaptations, apply accordingly.
(2)The power conferred by subsection (1) to lay and maintain discharge pipes and apparatus in land, other than land forming part of a [road], shall not be exercised unless reasonable notice has been given to the owner and the occupier of that land.
(3)Except in a case of emergency and except insofar as may be otherwise agreed in writing between [Scottish Water] and the authority or board concerned, [Scottish Water] shall—
(a)not less than seven days before commencing to discharge any such water through a pipe exceeding nine inches in diameter, give notice of [its] intentions
[(i)]to the fishery district board of any fishery district within which
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any watercourse into which the water is to be discharged is situated; [and
(ii)to the Scottish Environment Protection Agency.]
(b)have due regard to any representations which may be made to [it] as to the time, mode and rate of discharge with a view to avoiding or minimising injury or inconvenience therefrom; and
(c)where the water is to be discharged into any river, canal or other inland navigation in respect of which a navigation authority exercise functions, not discharge the water without the written approval of the navigation authority, or except at such times as that authority may approve and in a manner approved by [it] as not likely to injure the river, canal or navigation or the banks thereof, or interfere with traffic thereon.
(4)Whenever [Scottish Water proposes] to discharge water on a number of occasions during a period, the giving by [it] of a general notice to that effect, accompanied by such particulars as it is reasonably practicable for [it] to give, shall constitute sufficient compliance by [it] with the provisions of subsection (3)(a).
(5)In the case of a river, subsection (3)(c) shall not apply if the point of discharge into the river is more than three miles above the limits within which the navigation authority exercise jurisdiction.
(6)An approval under subsection (3)(c)—
(a)shall not be withheld unreasonably, and any question whether it is withheld unreasonably or not shall be determined by the Secretary of State;
(b)shall be deemed to have been given unless notice of disapproval is given to [Scottish Water] within seven days after the making of the application for the approval.
(7)If [Scottish Water is] requested by—
(a)the owner or occupier or any land which abuts on a watercourse at a point within three miles of any work of [Scottish Water] from which water may be discharged into that watercourse under this section, or
(b)the clerk to any association of mill owners any of whose constituent members is such an owner or occupier, or
(c)the owner or occupier of a salmon fishing on a watercourse at such a point if such watercourse is within a fishery district for which no fishery district board has been constituted,
to register him for the purposes of this section, [Scottish Water] shall enter his name and address in a register kept by [it] for the purpose and, so long as his name and address appear in the register, shall, except in a case of emergency and except insofar as may be otherwise agreed with him in writing, and unless the point at which the water is to be discharged is situated downstream of the land in respect of which he is so registered, send to him in respect of that watercourse the like notices as [it is](in the absence of any emergency or agreement to the contrary) required under subsection (3)(a) to send to a fishery district board.
(8)Except insofar as may be otherwise agreed in writing, where [Scottish Water discharges] water during an emergency, [it] shall forthwith give to the boards, authorities and persons registered under subsection (7) notice of such discharge and such further particulars relating to it as may reasonably be required.
(9)[Scottish Water] shall take all necessary steps to secure that any water discharge by [it] under the provisions of this section shall be as free as reasonably practicable from mud and silt, from solid, polluting offensive or injurious matter and from any matter prejudicial to fish or spawn or to spawning beds or food of fish.
(10)A power conferred by this section shall not be exercised so as to damage or injuriously affect any works or other property of a railway company or navigation authority or so as to flood or damage any [public road].
(11)In the exercise of the powers conferred by this section [Scottish Water]shall do as little damage as possible and shall pay compensation to all persons for any damage sustained by them or liability to which they may become subject by reason of the exercise of those powers; and for the purposes of this subsection any extra expenditure which it becomes reasonably necessary for any public authority to incur for the purpose of properly discharging their statutory functions shall be deemed to be damage sustained by them.
(12)Any question as to the amount of the compensation to be paid under subsection (11) shall in case of dispute be determined by arbitration.