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The Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009 (revoked)
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Changes over time for: The Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009 (revoked)
Version Superseded: 15/09/2015
Alternative versions:
- 25/11/2009- Amendment
- 31/03/2011- Amendment
- 14/09/2015- Amendment
- 14/09/2015
Point in time - 15/09/2015- Amendment
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Point in time view as at 14/09/2015.
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There are currently no known outstanding effects for the The Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009 (revoked).
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Scottish Statutory Instruments
2009 No. 420
Environmental Protection
Water
The Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009
Made
24th November 2009
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20, 25 and 36(2) and (3) of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 M1 and all other powers enabling them to do so.
In accordance with section 21(1) of that Act, they have consulted with (a) SEPA, (b) every responsible authority, (c) such persons appearing to them to be representative of the interests of local government, industry, agriculture, fisheries and small businesses respectively as they thought fit, and (d) such other persons as they thought fit.
In accordance with section 36(6) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Marginal Citations
M12003 asp 3; section 20 was amended by regulation 3 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348).
Citation and commencementS
1. These Regulations may be cited as the Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009 and come into force on the day after the day on which they are made.
InterpretationS
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Provisions of the Act which are modified for the purpose of giving effect to the Groundwater Directive 2006 and the Priority Substances DirectiveS
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2005S
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Reg. 4 revoked (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), regs. 1(2), 58(1)(e) (with regs. 3, 54)
RevocationsS
5. The Regulations specified in Schedule 3 are revoked.
R CUNNINGHAM
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
Regulation 4(6)
F3SCHEDULE 1SSchedule 2 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 1 revoked (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), regs. 1(2), 58(1)(e) (with regs. 3, 54)
Regulation 4(8)
F4SCHEDULE 2SSchedule 4 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 2 revoked (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), regs. 1(2), 58(1)(e) (with regs. 3, 54)
Regulation 5
SCHEDULE 3SRevocations
| Regulations revoked | References |
|---|---|
| The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990 | S.I. 1990/126 |
| The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1992 | S.I. 1992/574 |
| The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1998 | S.I. 1998/250 |
| The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1998 | S.I. 1998/1344 |
Explanatory Note
(This note is not part of the Regulations)
These Regulations (“the Regulations”) give effect to community obligations arising under Directive 2006/118/EC of the European Parliament and of the Council on the Protection of Groundwater against pollution and deterioration (“the Groundwater Directive 2006”) and Directive 2008/105/EC of the European Parliament and of the Council on Environmental Quality Standards in the Field of Water Policy (“the Priority Substances Directive”).
Regulation 3 applies modified provisions of the Water and Environment and Water Services (Scotland) Act 2003 (“the Act”).
Section 2(1) and (2) of the Act is modified so as to provide that the Scottish Ministers, SEPA, and the responsible authorities must exercise their functions so as to secure compliance with the Groundwater Directive 2006 and the Priority Substances Directive.
Section 28 of the Act is modified to introduce definitions for the Groundwater Directive 2006 and the Priority Substances Directive.
Regulation 4 amends the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (“the 2005 Regulations”).
Regulation 2(1) of the 2005 Regulations is amended to introduce definitions for the Groundwater Directive 2006 and the Priority Substances Directive, and to redefine “the Groundwater Directive” as “the Groundwater Directive 1980”. Regulation 2(1) is also amended to introduce a definition of a hazardous substance.
Regulation 4 of the 2005 Regulations, which applies the 2005 Regulations to direct or indirect discharges into groundwater, is amended to take into account the new definition of a hazardous substance.
Regulation 10 of the 2005 Regulations is amended to oblige SEPA, when considering an application in respect of a controlled activity, to take into account the Groundwater Directive 2006 and, in respect of applications made before 22nd December 2013, the Groundwater Directive 1980.
Regulation 28 of the 2005 Regulations, which deals with enforcement notices, is amended in consequence of the new definition of a hazardous substance.
A substitute Schedule 2 to the 2005 Regulations sets out the criteria for the identification of hazardous substances by SEPA.
Schedule 3 to the 2005 Regulations, which contains rules concerning controlled activities, is amended to take into account the new definition of a hazardous substance.
A substitute Schedule 4 to the 2005 Regulations includes the Groundwater Directive 2006 and the Priority Substances Directive on the list of legislation that must be applied by SEPA in its decision-making process under regulation 15. The substitute Schedule also updates the list of legislation that SEPA must have regard to when determining applications under the 2005 Regulations.
Schedule 8 to the 2005 Regulations is amended to add further particulars to be included in the register SEPA must maintain under Regulation 33 of the 2005 Regulations.
Regulation 5 revokes regulations which have been superseded by the Priority Substances Directive and the Regulations or are otherwise dealt with in Directions by the Scottish Ministers to SEPA.
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