Implementing the Water Environment and Water Services (Scotland) Act 2003: Diffuse Water Pollution from Rural Land Use
General Binding Rules and related provisions
Consultation - Analysis of responses
The Scottish Government published the above consultation which closed on 17 October 2007. A total of 19 responses were received to the consultation of which 5 requested confidentiality. A list of respondents who gave publishing permission and their respective responses is available below.
The consultation was generally welcomed by most respondents as a major step in mitigating diffuse pollution. Some were concerned that the measures would not be sufficient in some areas. The Scottish Government is aware of this, but these proposed GBRs were designed to apply nationally, and further work will be necessary to identify where stricter measures are required. Those in Nitrate Vulnerable Zones will also be required to comply with the Action Programme for Nitrate Vulnerable Zones legislation.
There was some concern that the distances set out in the GBRs are less than those in the PEPFAA code. The GBRs will provide protection through compliance with regulation whereas distances set out in the PEPFAA code are mostly voluntary and, we would welcome the use of such distances, there is no guarantee that such guidance is followed.
It has been pointed out that responsible operators are aware that certain circumstances require a greater distance from a watercourse to be applied. We recommend that such an approach should be taken by all as part of a responsibility towards protecting the water environment.
Scottish Water were concerned that there is no provision to highlight where agreements are made, between Scottish Water and landowners, to protect public water supplies. Such contracts will provide greater protection to the water environment and the Scottish Government recognises and welcomes the need for these agreements to protect the public water supply over and above the GBRs.
Most welcomed that, in the keeping of livestock it was the livestock impact not their presence which was the issue. The total exclusion of livestock from water courses was considered to be too inflexible to be suitable as a national GBR. However, it may be considered as appropriate if cattle access to watercourses is identified as a serious risk to water quality in specific areas.
In general the wording of the GBRs was accepted, some textual amendments were suggested and these are being considered by Scottish Government.
Some points were raised which would be more appropriately covered in guidance. The Scottish Government recognises the need for guidance in clarifying exactly the requirements of the individual GBRs and plans such action in conjunction with the GBRs.
The proposed amendment of the SSAFO Regulations (to permit lightly contaminated water from farm yards to be drained to constructed farm wetlands) was well received as a key part of the package of measures to control diffuse pollution.
RSPB Scotland
Scottish Water
NFU Scotland
British Waterways
Buglife - The Invertebrate Conservation Trust
Scottish Natural Heritage
Scottish Environment Protection Agency
Ayrshire Rivers Trust
Royal Institution of Chartered Surveyors
East Ayrshire Council
Scottish Native Woods
Horticulture Trades Association
Crofters Commission
Scottish Agricultural College