COPA Part II was the main legislation for controlling water pollution in Scotland until April 2006. However all point source discharges, abstractions, impoundments and engineering work now require an authorisation under the Water Environment (Controlled Activities) (Scotland) Regulations 2005. This piece of legislation is widely known as the ‘Controlled Activities Regulations’ (CAR). All previous consents under COPA must be transferred to the new regime. SEPA is responsible for authorising activities and for enforcement of the Regulations.
The Regulations introduce an updated consent system for point source discharges with potential to cause pollution to wetlands, groundwater, lochs, rivers, estuaries and coastal waters. The Regulations also control the consent for disposal onto land of listed substances and other matter with the potential to cause pollution of groundwater.
SEPA has published a practical guide to the CAR Regulations including the three levels of authorisation (licence / registration / general binding rules) and any charges that may be applicable (see Guidance).
Discharge to controlled waters, In England and Wales is only permitted with the consent of the Environment Agency under the Water Resources Act (WRA) 1991. The WRA states that 'no person shall cause or knowingly permit any poisonous, noxious or toxic material or solid waste to enter controlled water'. In addition to unauthorised discharges direct into controlled waters, companies are held liable for an unauthorised discharge to controlled waters occurring via surface water drains, or by discharge onto the land. An aim of the Act is to ensure that the polluter pays the cost of the consequences of their discharges.
The WRA entered into force in 1991 and replaced the corresponding sections of the Water Act 1989 for England and Wales. The WRA sets out the responsibilities of the Environment Agency in relation to water pollution, resource management, flood defence, fisheries and in some areas, navigation.
The amendment to the regulations extends controls over diffuse pollution.
The Water Framework Directive (WFD) is the most substantial piece of EC water legislation to date. It requires all inland and coastal waters to reach ‘good status’ by 2015. It is aiming to achieve this by establishing a UK river basin district approach within which demanding environmental objectives will be set, including ecological targets for surface waters.
The instruments below are the enabling legislation for the EU Water Framework Directive in Scotland, and England and Wales respectively. They are largely concerned with the development of River Basin Management Plans and enabling new controls on water abstraction, engineering works, point source pollution and diffuse pollution from urban areas and farms (see Pending Legislation).
These instruments are the enabling legislation for the EU Water Framework Directive (2000/60/EC) in Scotland, and England and Wales respectively. They are largely concerned with the development of River Basin Management Plans and enable new controls on water abstraction, engineering works, point source pollution and diffuse pollution from urban areas and farms. See Pending Legislation.
The Directive repeals older EC Water Directives and incorporates the remaining existing water directives on Bathing Water, Nitrates and Urban Waste Water Treatment.
These Regulations replace the Groundwater Regulations 1998. They implement Article 6 of Directive 2006/118/EC which seeks to protect groundwater against pollution and deterioration.
Part 3 of the Regulations creates an offence of discharge of a hazardous substance or non-hazardous pollutant without a permit, and provision as to how a permit for this is applied for. The Environmental Agency has developed a list of substances that it considers to be hazardous; the regulations outline the requirements to obtain a permit. Hazardous substances typically include pesticides, solvents, hydrocarbons, mercury, cadmium and cyanide. Non-hazardous pollutants are less dangerous, and can be discharged to groundwater under a permit, but must not cause pollution. Examples include sewage, trade effluent and most wastes. The regulations include a comprehensive list of such substances.
NB: In Scotland the requirements of the Groundwater Regulations have been included in the Water Environment (Controlled Activities) (Scotland) Regulations 2005 - also known as 'Controlled Activities Regulations' or 'CAR'.
There is currently a consultation on the Guidance provided for the Groundwater Regs 2009.
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