SPICe - Scottish Parliament briefings and... · Biodiversity Action Plan (UK BAP) (Joint Nature...

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ENVIRONMENT – SUBJECT PROFILE GRAEME COOK, TOM EDWARDS & ALASDAIR REID This briefing introduces the key environmental issues in Scotland, including climate change, radioactive waste, protected sites & species, water environment and industry, and strategic environmental assessment. More detailed SPICe briefings are already available or will be published in the future. SPICe briefing 23 May 2007 07/27 Scottish Parliament Information Centre (SPICe) Briefings are compiled for the benefit of the Members of the Parliament and their personal staff. Authors are available to discuss the contents of these papers with MSPs and their staff who should contact Graeme Cook on extension 85086 or email [email protected] . Members of the public or external organisations may comment on this briefing by emailing us at [email protected] . However, researchers are unable to enter into personal discussion in relation to SPICe Briefing Papers. If you have any general questions about the work of the Parliament you can email the Parliament’s Public Information Service at [email protected] . Every effort is made to ensure that the information contained in SPICe briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated or otherwise amended to reflect subsequent changes. www.scottish.parliament.uk 1

Transcript of SPICe - Scottish Parliament briefings and... · Biodiversity Action Plan (UK BAP) (Joint Nature...

Page 1: SPICe - Scottish Parliament briefings and... · Biodiversity Action Plan (UK BAP) (Joint Nature Conservation Committee 2001). The Convention establishes three main goals: the conservation

ENVIRONMENT – SUBJECT PROFILE GRAEME COOK, TOM EDWARDS & ALASDAIR REID

This briefing introduces the key environmental issues in Scotland, including climate change, radioactive waste, protected sites & species, water environment and industry, and strategic environmental assessment. More detailed SPICe briefings are already available or will be published in the future.

SPICe briefing 23 May 2007 07/27

Scottish Parliament Information Centre (SPICe) Briefings are compiled for the benefit of the Members of the Parliament and their personal staff. Authors are available to discuss the contents of these papers with MSPs and their staff who should contact Graeme Cook on extension 85086 or email [email protected]. Members of the public or external organisations may comment on this briefing by emailing us at [email protected]. However, researchers are unable to enter into personal discussion in relation to SPICe Briefing Papers. If you have any general questions about the work of the Parliament you can email the Parliament’s Public Information Service at [email protected]. Every effort is made to ensure that the information contained in SPICe briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated or otherwise amended to reflect subsequent changes.

www.scottish.parliament.uk

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CONTENTS INTRODUCTION ..........................................................................................................................................................3

AIR................................................................................................................................................................................3

ACID RAIN ...................................................................................................................................................................5

BIODIVERSITY.............................................................................................................................................................5

CHEMICALS.................................................................................................................................................................6

CLIMATE CHANGE .....................................................................................................................................................7

ENVIRONMENTAL LIABILITY ..................................................................................................................................10

MARINE......................................................................................................................................................................10

PROTECTED SITES AND SPECIES.........................................................................................................................11

RADIOACTIVE WASTE .............................................................................................................................................12

SOIL............................................................................................................................................................................13

STRATEGIC ENVIRONMENTAL ASSESSMENT.....................................................................................................14

SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL JUSTICE....................................................................14

WASTE.......................................................................................................................................................................16

WATER.......................................................................................................................................................................17 FRESHWATER ENVIRONMENT AND FLOODING..............................................................................................................17 WATER INDUSTRY......................................................................................................................................................17

SOURCES ..................................................................................................................................................................19

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INTRODUCTION The environment is now a mainstream issue, with news every day about climate change, pollution, resource use, desertification or flooding. Such stories can seem doom laden, however the consensus remains that the correct policy choices can still make a positive difference to the health of the planet. The environment is a matter devolved to the Scottish Parliament, though reserved issues can impact on it. The Scottish Environment Protection Agency (SEPA) is the environmental regulator, whilst Scottish Natural Heritage advises the Scottish Executive on conservation and natural heritage issues. The Scottish Executive publishes key Scottish environment statistics annually (for example Scottish Executive 2006a). A range of SPICe Briefings on environmental topics are available online and will be added to throughout this session. Much environmental legislation in Scotland results from deliberations at the level of the European Union. Environmental policy development in Brussels is underpinned by seven ‘thematic strategies’ covering air, waste, marine, soil, pesticides, resources and urban environment. The latest assessment by the Commission on progress is described as “far from satisfactory” (ENDS Report Bulletin 2007) and that “Consumption and production patterns need to be more sustainable” (European Commission 2007). The Scottish Executive is responsible for implementing EU law in devolved policy areas. Environmental non-governmental organisations are more sophisticated than ever, using modern media methods to get their messages across, and to empower individuals to make changes to their lives and put pressure on business and politicians. The issues in this briefing have been considered in alphabetical order.

AIR The main sources of air pollution are transport, energy generation, industry, waste and agriculture. SEPA (2006a) states that:

Overall air quality in Scotland is improving with statistics showing it is generally good. However, further improvements are needed to reduce the adverse health effects and the number of deaths brought forward by air pollution in urban areas. In rural areas, poor air quality still has the potential to damage ecosystems and to contribute to acidification and nutrient enrichment.

The latest statistics (Scottish Executive 2006a) show that nitrogen oxides and sulphur dioxide emissions from industrial sites (and domestic coal use) show a downward trend, though there is a general trend of increasing levels of ground-level ozone and a decline in stratospheric ozone, both of which can have harmful effects.

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Figure One - Emissions of Sulphur Dioxide and Nitrogen Oxides from Large Combustion Plants1: 1996-2005

Source: Scottish Executive (2006a) Figure Two - Ground Level Ozone Concentrations2: 1990-2005

Source: Scottish Executive (2006a) Launched on 2 April 2007 Air Quality in Scotland gives access to detailed air quality information. The Scottish Executive develops national policy to reduce risks to human health. Local authorities have a key role in reviewing and assessing air quality in their areas, and have powers to take some action. SEPA’s role is to regulate emissions from industrial and other installations, primarily via the Pollution Prevention and Control Regulations, enforcement of authorisation conditions, and site inspections.

1 Large combustion plants have a rated thermal output of over 50 megawatts 2 Ozone concentrations are measured at five sites: Eskdalemuir (a rural site), Strath Vaich (a remote site), Bush Estate (a rural site), Edinburgh St Leonards and Glasgow

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Currently under review, the Air Quality Strategy for England, Scotland, Wales and Northern Ireland (Scottish Executive et al 2000c) sets out the main policies and measures in place, which include strategic transport, energy, climate change and sustainable development plans and strategies. The links between air quality and climate change are explored in a recent publication Air quality and climate change: a UK perspective (Defra 2007a). In its recent report the Royal Commission on Environmental Pollution (2007) estimates that air pollution leads to 24,000 premature deaths in Great Britain, and recommended that:

central, devolved and local government implement further measures to reduce traffic levels in the air pollution hot spots of towns and cities and, in particular, to bear down heavily on the most polluting vehicles.

At European level, air quality is controlled by several pieces of European legislation, including specific directives relating to large combustion plants, and limits for sulphur and nitrogen oxides. The European Commission adopted its air thematic strategy in September 2005, with support in the European Council in March 2006. Developed under the Clean Air for Europe (CAFÉ), the thematic strategy seeks to provide the framework for ten years of implementation of air quality standards and improved coherency of air legislation. In parallel with the thematic strategy, a Directive on ambient air quality is developing. The UK and devolved administrations are already required to report to the Commission on air quality.

ACID RAIN The problem of “acid rain” came to public prominence in the 1980s and describes rainfall which was more acidic than it would have been naturally. Increased acidity is caused by increased atmospheric levels of sulphur dioxide and nitrogen oxides as a result of fossil fuel burning, and increased ammonia from animal manures. The effects can be (SEPA 2006a):

• soil acidification influencing soil fertility, biodiversity, vegetation and water quality • acidification of semi-natural habitats with implications further up the food chain • acidification of freshwaters, with serious implications including potential loss of fish

species Whilst international governmental action has seen a reduction in the levels of acidic deposits, the recovery of the land and water takes rather longer. SEPA states:

The recovery of soil, vegetation and water from acidification does not match the reduction in acid deposition. Recovery is predicted to take decades and some habitats may never return to their original state. Over such long timescales, recovery may be slowed or even reversed by climate change.

BIODIVERSITY Biological diversity, usually shortened to ‘biodiversity’, is the term used to describe the variety of living things on earth. Scotland has international obligations to protect biodiversity. The UK is a signatory to the UN Convention on Biological Diversity (CBD) implemented by the UK Biodiversity Action Plan (UK BAP) (Joint Nature Conservation Committee 2001). The Convention establishes three main goals: the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits from the use of genetic resources (United Nations Environment Programme 1992).

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The Nature Conservation (Scotland) Act 2004 places a duty on all Scottish public bodies and office-holders to further the conservation of biodiversity and requires Scottish Ministers to publish a Scottish Biodiversity Strategy (SBS). This strategy lays a foundation for a system of nature conservation including; halting the loss of biodiversity and reversing previous losses, increasing awareness, understanding and enjoyment of biodiversity, and developing an effective management framework to ensure that biodiversity is taken into account in all decision making (Scottish Executive 2004). Responsibility for coordinating the implementation of the SBS lies with the Biodiversity Implementation Team of the Scottish Biodiversity Forum (SBF). Implementation of the SBS is undertaken by a variety of SBF organisations working in partnership. At a local level, 27 Local Biodiversity Action Plans have been drawn up (Scottish Biodiversity Forum 2004). These plans aim to stimulate local action for national priorities identified in the UK BAP, focus on locally important wildlife and habitats, and help new partnerships and projects. The Scottish Biodiversity List was published by Scottish Ministers in December 2005. This details species and habitats considered to be of principal importance for the purpose of biodiversity. Key species include:

• Red Squirrel • Golden Eagle • Barnacle Goose • Sand Lizard • Killer Whale • Basking Shark • Cod • Flat Oyster

As required by the Act, a report on the implementation of the SBS will be laid before Parliament by the end of 2007. It is expected that a review of the Scottish Biodiversity List will start in 2008. In February 2007 Scottish Natural Heritage published A Five Year Species Action Framework (Scottish Natural Heritage 2007) prioritising 32 species under four headings:

• Species conservation e.g. White-Tailed Sea Eagle, Great Crested Newt, Great Yellow Bumble Bee

• Control of invasive non-native species e.g. American Mink • Species for conflict management e.g. Hen Harrier • Sustainable use of species e.g. Red and Roe Deer, Oysters chemicals

CHEMICALS The risks from harmful chemicals are diverse and so require a wide range of control measures. Legislation exists to minimise public exposure through food, water and environmental sources, and support is in place for dealing with chemical incidents. SEPA (2006) states:

Many of the environmental problems caused in the past by heavy metals and persistent organic chemicals have been reduced. Problems exist with diffuse sources of hazardous substances, for example run-off from urban areas and these continue to have ecological impacts. There is increasing concern over the rising environmental concentrations of a number of newly identified chemicals

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The European Commission has developed a new regulatory framework for chemicals known as REACH (Registration, Evaluation and Authorisation of Chemicals). The REACH regulation was formally adopted in December 2006 and enters into force on 1 June 2007. The proposals have been under development for 6 years, and have been the subject of much negotiation. The finalised package (European Commission 2007b):

• transfers the burden of proof for demonstrating the safe use of chemicals from Member States to industry

• requires that enterprises which manufacture or import more than one tonne of a chemical substance per year will be required to register the chemical in a central database

• replaces 40 existing legal acts and create a single system for all chemical substances • creates a new European Chemicals Agency to be based in Finland

Defra and the devolved administrations (Defra, Welsh Assembly Government, Department of the Environment (NI) and Sdcottish Executive 2007) are running a consultation into proposals for enforcement of REACH in the UK, due to close on 4 June 2007. A voluntary global chemical management system was recently agreed by Governments (UNEP 2006).

CLIMATE CHANGE Climate change is the single most pressing global environmental issue. The issue can be split into four main areas: science; impacts; mitigation; and adaptation. All of these are explored in SPICe Briefing SB 05-04 Climate Change (Cook 2005a). Responsibility for tackling those causes of climate change which are devolved rests with the Scottish Executive, as does adapting to effects of climate change. Whilst much energy policy is reserved, the Scottish Executive has responsibility for reducing emissions, encouraging energy conservation, approving new power stations, and the promotion of renewable energy. Furthermore, the Executive has responsibility for aspects of transport, planning, agriculture, forestry, water environment, soil and building standards, all of which affect emissions levels. The Intergovernmental Panel on Climate Change (IPCC) reports periodically on the science of climate change. The latest assessment, the work of over 2,500 scientists with over 800 peer reviewers, (IPCC 2007a) states that

Global atmospheric concentrations of carbon dioxide, methane and nitrous oxide have increased markedly as a result of human activities since 1750 and now far exceed pre-industrial values determined from ice cores spanning many thousands of years

And

most of the observed increase in the globally averaged temperature since the mid-20th century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations

The IPCC report that, globally, numerous long-term changes in climate have been observed including changes in arctic temperatures and ice, widespread changes in precipitation amounts, ocean salinity, wind patterns and aspects of extreme weather including droughts, heavy precipitation, heat waves and the intensity of tropical cyclones. Furthermore IPCC (2007b) have put forward some solutions to mitigate climate change. IPCC is of the strong opinion that:

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studies indicate that there is substantial economic potential for the mitigation of global GHG emissions over the coming decades, that could offset the projected growth of global emissions or reduce emissions below current levels

The IPCC work suggests possible areas of mitigation in the policy areas of: energy supply, transport, buildings, industry, agriculture, forestry and waste. In Scotland, 2006 was the hottest year on record, and 2007 is set to beat those records with March 2007 being 1.6°C warmer than the long term average (WWF Scotland 2007b). April 2007 was the warmest April ever recorded, 3.4°C warmer than average and 0.8°C warmer than the previous record set in 2003 (WWF Scotland 2007c). Of the ten warmest years since 1914, five have come this decade, with 2007 predicted to be warmest of all (WWF Scotland 2007b). Figure Three - The Ten Warmest Years since 1914

7.7 7.8 7.9 8 8.1 8.2 8.3

1959

1945

1953

1949

2002

1997

2005

2004

2003

2006

Annual Av e rage Te mpe rature Scotland (C)

Source: WWF Scotland (2007b) After adjusting for natural land movements, the average sea level around the UK is now about 10cm higher than it was in 1900 (UK Climate Impacts Programme 2007). The UK Health Protection Agency (2007) recently published a study of The Health Effects of Climate Change in the UK. Commissioned by HM Treasury, the Stern Review into the Economics of Climate Change concluded that (Stern 2006):

• There is still time to avoid the worst impacts of climate change if we take strong action now

• Climate change could have very serious impacts on growth and development • The costs of stabilising the climate are significant but manageable; delay would be

dangerous and much more costly Climate change policy exists at all levels from international commitments through, for example, the Kyoto Protocol, to local initiatives and targets. The most recent UK and Scottish programmes were published in March 2006:

• UK Climate Change Programme 2006 (Defra 2006a)

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• Changing Our Ways: Scotland's Climate Change Programme (Scottish Executive 2006d) and the first annual report was published in March this year (Scottish Executive 2007a)

The UK has climate change commitments under the Kyoto Protocol, but has gone beyond these by setting targets for a further reduction in carbon dioxide. It has been proposed that these targets are laid down in statute. The UK Government’s Draft Climate Change Bill was published for consultation on 13 March 2007. The Draft Bill sets out four key actions3:

• Emissions reduction targets set in statute and a series of five year carbon budgets • Establishment of a Committee on Climate Change – an expert body to advise

government, and with a specific role to report to Parliament on progress • Give Ministers power to introduce domestic emissions trading schemes • Improve reporting requirements to improve transparency and accountability of UK action

on climate change The House of Commons Environment, Food and Rural Affairs Committee is carrying out pre legislative scrutiny on the Draft Bill, as is a Joint Committee of the House of Commons and House of Lords. The Scottish Executive’s target was to deliver an ‘equitable contribution’ to the UK’s Kyoto target. However the Scottish Executive’s Climate Change Programme (Scottish Executive 2006d) set out a more specific target based on matters devolved to Scotland. The Programme calculated that:

• The “Scottish Share” is the amount of carbon savings that Scotland has to deliver through its devolved policies to match savings from all devolved policies in the UKCCP on a per capita basis

• The “Scottish Target” is to exceed the Scottish Share by 1 million tonnes of carbon in 20104

There were commitments to a Scottish Climate Change Bill in a number of party manifestos for the Scottish elections in 2007. The Scottish National Party and Scottish Green Party Co-operation Agreement included a move towards early legislation on climate change (Scottish National Party and Scottish Green Party 2007). On 23 May the First Minister stated that:

“Scotland will aim to become a global leader in developing solutions to the challenge of climate change”

The Scottish Climate Change Impacts Partnership remains under development. In 2005 Defra and the devolved administrations (Defra, Welsh Assembly Government, Department of the Environment (NI) and Scottish Executive 2005) carried out a consultation on a National Adaptation Policy Framework – this too remains under development. In 2005 the Environment and Rural Development Committee reported on Climate Change (Scottish Parliament 2005c). The Scottish Executive responded (Scottish Parliament 2005a) and the Report was debated in Parliament on 21 September 2005. The European Parliament (2007) has recently established a new temporary committee on climate change. WWF have published a report (WWF Global Energy Task Force 2007) which 3 Other current Westminster scrutiny on climate change includes Environmental Audit Committee work on Beyond Stern and The structure and operation of Government and the challenge of Climate Change4 Detail and caveats can be found in Changing Our Ways: Scotland's Climate Change Programme

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concludes that leaders have five years in which to make the correct energy and climate policy choices in order to avoid the worst impacts of climate change. On 23 May 2007 the Department for Trade and Industry published a new Energy White Paper (DTI 2007a), with an associated consultation on the future of nuclear power (DTI 2007b).

ENVIRONMENTAL LIABILITY Environmental liability means that responsibility for the cost of damaging the environment is transferred back to those that cause the damage. This is sometimes called “the polluter pays principle”. To date, most policy tends to charge polluters for the costs of cleaning up pollution; for the economic cost that pollution causes to other’s property; or for the purchase of consents to discharge pollution. Since the environment is generally regarded as a ‘public good’ it is not priced in a conventional market place. As a result, charges for rectifying environmental damage may not adequately reflect the true environmental cost. The Environmental Liability Directive5 strengthens the laws which give effect to the polluter pays principle. It is now in force and required to be transposed by April 2007. To date only three countries (not including the UK) have transposed the legislation, and the European Commission is considering proceedings against those who have not yet transposed it (European Commission 2007). At the end of 2006 the Scottish Executive consulted (Scottish Executive 2006e) on the policy intentions of the Directive. A summary of responses is due to be published this summer, and a more specific consultation, including a draft of the transposing instrument is expected to be published by autumn 2007. A parallel consultation has been conducted by Defra (2006b) to cover England, Wales and Northern Ireland. Defra propose a further consultation on relevant legislation, due to be launched in spring 2007. The Environment, Food and Rural Affairs Committee has launched a short inquiry into Defra’s implementation of the Directive.

MARINE Several different activities make use of the marine and coastal environment e.g. fishing, fish farming, tourism, nature watching, shipping, oil and gas, renewables, dredging and mineral extraction. Regulation of these activities tends to be done sector by sector with no overarching framework (analogous to the planning system on land) and is additionally complicated by the fact that some elements are reserved, and others are devolved. With some exceptions, marine legislation at Westminster would not cover activities within Scotland’s territorial waters, that is, water within 12 nautical miles of the Scottish coastline. In addition, some activities beyond this limit remain within the jurisdiction of Scottish Ministers, for instance, offshore renewables and aspects of fisheries. More detail on the Scottish marine environment can be found in SPICe Briefing SB 06-109 The Marine Environment (Edwards et al 2006). In October 2005 the European Commission adopted a Thematic Strategy on the Protection and Conservation of the Marine Environment (2005b). This Strategy now forms the environmental “pillar” of a wider developing maritime policy, which will also consider the social and economic importance of Europe’s seas.

5 2004/35/EC

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A Sea Change, a Marine Bill White Paper (Defra 2007b) was published by the UK Department for Environment, Food and Rural Affairs (Defra) on 15 March 2007. The consultation runs until 8 June 2007. The White paper covers: a new marine management organisation; marine spatial planning; licensing; nature conservation; and fisheries. It is recognised that the line between devolved and reserved matters in the marine environment is not always clear. Edwards, Cook and Feilen (2006) explored this issue in detail however devolved and reserved responsibilities can be summarised as follows:

Devolved Reserved Nature Conservation (to 12nm) Licensing deposits in the sea (except oil and gas), coast protection works (to 12nm) Renewable energy (wave, wind, tidal) in the Scottish Renewables Zone (similar in extent to the Scottish Fisheries Zone) Fisheries (within the Scottish Fisheries Zone) Pollution control (from land) Cultural heritage (within 12nm) Tourism Ports Planning (on coastline and being introduced for aquaculture up to 12nm. Would be devolved for other activities if Marine Spatial Planning were to be introduced) nm= nautical miles

Nature Conservation (beyond 12nm) Oil and gas Subsea cabling for telecoms Shipping and navigation Safety at sea (Maritime and Coastguard Agency) Defence

Defra (2007) say:

The UK Government and devolved administrations are working together to manage the marine area around the UK in a coherent way. Within this overall approach, each administration will decide on the most appropriate way to implement change within their respective areas and competence. The changes we make must also be consistent with international and European law.

In the Scottish Parliament, the Environment and Rural Development Committee (2007a) undertook an inquiry into the marine environment which recommended that a Scottish marine bill be developed, which the SNP, Liberal Democrat, Labour, Green and SSP committed to in their manifestos for the 2007 election. Broad plans for a marine and coastal strategy were published by the Scottish Executive in 2005 (Scottish Executive 2005a). The Scottish Executive and SNH are developing plans for a Marine National Park. A conference on European maritime policy was held in the Scottish Parliament in November 2006.

PROTECTED SITES AND SPECIES As well as seeking to protect biodiversity throughout the land, some sites are deemed to be so important for wildlife, or for their landscape value, that they have been given special protection. Since devolution, the two key pieces of primary legislation on protected sites are the National

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Parks (Scotland) Act 2000 and the Nature Conservation (Scotland) Act 2004. Rare animals and plants are also protected by national and international law. National Parks are areas of outstanding natural and cultural heritage. The National Parks (Scotland) Act 2000 has allowed the creation of two parks to date, in Loch Lomond and the Trossachs, and the Cairngorms. A Coastal and Marine National Park is also currently being considered. SNH submitted their advice on governance and candidate areas to Scottish Ministers in March 2006, and a consultation on the proposal closed in January 2007. The summary of consultation responses (Scottish Executive 2007) showed that, in principle, 72% of respondents supported the establishment of a new Coastal and Marine National Park. The Nature Conservation (Scotland) Act 2004, made important changes to the key protected area designation – the network of Sites of Special Scientific Interest (SSSI) by strengthening Ministerial powers to implement positive management practices, imposing increased penalties for damaging sites, paying land managers for positive management and enhancing compulsory purchase powers. The Planning etc. (Scotland) Act 2006 saw changes to the way National Scenic Areas can be designated. More on this is available in SPICe Briefing SB 06/47 National Scenic Areas (Cook 2006a). The main piece of legislation protecting animals and plants is the Wildlife and Countryside Act 1981. This is described in the SPICe Briefing on Wildlife Protection Under the Wildlife and Countryside Act 1981 (Edwards and Reid 2003). Its provisions were strengthened by the Nature Conservation (Scotland) Act 2004 and amend the framework for species protection set out in the Wildlife and Countryside Act 1981. The two main pieces of European nature conservation legislation are the Birds Directive (79/409/EEC), and the Habitats Directive (92/43/EEC). These underpin a European network of protected areas known as Natura 2000. The SPICe Briefing on Protected Areas (Reid 2005) explores these, and their relationships with other designations.

RADIOACTIVE WASTE Radioactive waste is produced from a number of sources including nuclear power stations, the health sector, industry and research. Radioactive waste can be classified as very low, low, intermediate or high level depending on its radioactivity. Very low level waste is disposed of through standard waste routes (e.g. landfill). Low level waste can, if authorised, go to Drigg, near Sellafield, for treatment. Intermediate and high level waste remains in-situ in temporary storage while a permanent route for disposal is explored. The Scottish Executive has powers under the Radioactive Substances Act 1993, and SEPA is charged with regulating the disposal of radioactive waste from nuclear licensed sites and from ‘small user’ premises such as hospitals, universities and research premises. The Health and Safety Executive’s Nuclear Directorate also has a regulatory role. Transport of radioactive waste is overseen by the UK Department of Transport. The Committee on Radioactive Waste Management (CoRWM) was set up in 2003 to provide independent advice to Government on the long-term management of high level radioactive waste. In July 2006 CoRWM published its main recommendations, including that on current knowledge, geological disposal is the best route, though if other information came to light this

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could change and that community involvement should be based on the principle of volunteerism. The UK and devolved administrations agreed with most, but not all, of CoRWM’s recommendations, and dialogue has continued. CoRWM has further been tasked with helping the government move the issue forward, in particular with regard to community involvement and consultation. The Nuclear Decommissioning Authority (NDA) has responsibility for implementing geological disposal (NDA 2006). In parallel with this work, policy on low level waste has recently been reviewed. A joint Defra, DTI and devolved administrations (Defra, DTI, Welsh Assembly Government, Department of the Environment (NI) and Scottish Executive 2006) consultation on policy for the long term management of solid low level radioactive waste in the UK took place last year. The revised policy statement was published (Scottish Executive 2007b) on 26 March 2007, and explained in a written answer by the Minister for the Environment and Rural Affairs the same day6. Key elements include:

• there will be greatly increased arisings of LLW over the coming decades, and this is already starting to happen

• there will be insufficient capacity at the national LLW disposal facility near Drigg in Cumbria to deal with this waste, and the future capacity of this facility is currently also under review

• finding small-scale treatment and disposal routes for the least radioactive LLW, which are very important for the non-nuclear sectors (hospitals, research and education establishments, and the oil and gas industry) is proving increasingly difficult.

That said the revised policy, according to the Scottish Executive, will:

• allow greater flexibility in the management of the wide range of LLW that already exists, and will arise in future from the NDA’s activities and other nuclear and non-nuclear industry arisings

• seek to minimise the amount of LLW for disposal by application of the waste hierarchy applied in other areas of waste management – avoidance of generation, minimisation, reuse and recycling – prior to disposal

• make the NDA responsible for development of a UK-wide strategy for the management of nuclear industry LLW, including the identification of the need for additional LLW disposal capacity and facilities

• initiate the first steps towards development of a UK-wide strategy for the management of non-nuclear LLW. The first step in this will be for Government, in conjunction with the NDA, to undertake a study which will give a clear picture of arisings across the UK

SOIL Soil can be defined as the layer of minerals and organic matter on the land surface. As such, it is a medium which comes under a lot of strain from natural and human processes. Detail can be found in a SPICe Briefing on Soil Protection in Scotland (McLoughlin 2006) SEPA (2006a) states:

6 S2W-32600

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Soil is a significant component of land but remains poorly understood. Soil erosion is a continuing problem in Scotland and there are concerns about loss of soil organic matter and soil sealing by impermeable surfaces associated with buildings and roads

The European Commission views the resource as worth protecting for socio-economic as well as environmental reasons and has identified key threats as erosion, decline in organic matter, local and diffuse contamination, sealing, compaction, decline in biodiversity, salinisation and landslides A soil thematic strategy was adopted in September 2006 (European Commission 2006a). In 2001, SEPA called for existing legislation relating to soil to be integrated, and suggested that

• a full assessment of the soil resource should be made • a long-term monitoring strategy should be set up • a soil protection strategy for Scotland should be devised and implemented.

At that time, SEPA identified the main threats in Scotland as being from industry, agriculture and forestry and waste application to land. In September 2006 the Scottish Executive (2006b) committed to producing a soil monitoring system and a Scottish Soil Strategy. Climate change is relevant in this policy area. In Scotland, 20% of carbon dioxide emissions are attributed to agricultural land use change and forestry – mainly because of the high volume of carbon-rich (peat) soils. Further, the increased rates of soil erosion due to increased frequency and intensity of flooding is a concern for forestry, agriculture and biodiversity. Following the Common Agricultural Policy (CAP) reform, farmers will have to comply with a number of conditions designed to protect soil.

STRATEGIC ENVIRONMENTAL ASSESSMENT Strategic Environmental Assessment (SEA) is a systematic process for predicting, assessing, reporting, mitigating, and monitoring the environmental effects of certain proposed plans and programmes with significant environmental effects. EU Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment (commonly known as the SEA Directive) provides a common approach to introducing SEA in the European Union. The Directive was initially transposed in Scotland by the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004; however, the Environmental Assessment (Scotland) Act 2005 has extended SEA in Scotland to include all new and amended strategies as well as plans and programmes. Guidance (Scottish Executive 2006g) has been published, and as at May 2007, 63 SEA environmental reports had been published.

SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL JUSTICE Sustainable development policy is cross cutting because it involves consideration of social, economic and environmental issues. The Scottish Executive describes the goal of sustainable development as:

to enable all people throughout the world to satisfy their basic needs and enjoy a better quality of life without compromising the quality of life of future generations.

In February 2007 then First Minister Jack McConnell stated (Scottish Executive 2007c):

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My belief is more profound than ever that the progressive politics of the twenty-first century must place sustainability alongside equality and prosperity if we are to create the better life for all that has always been the social democratic goal

A Cabinet Sub-Committee on Sustainable Scotland, chaired by the First Minister, which includes some external members, has been in place since 2002. The most recent minutes available online are from June 2006. Sustainable development was in the remit of the Minister for the Environment and Rural Development in the last administration. The Scottish Executive has sought to mainstream the issue, in particular through Scotland’s first sustainable development strategy ‘Choosing Our Future’ (Scottish Executive 2005b) which links to the UK framework. Choosing Our Future identifies a number of indicators to be used in measuring progress towards sustainable development. These cover: Well Being; Supporting Thriving Communities; Natural Heritage and Resources; Scotland's Global Contribution; Learning: Context (economy and demography). The Sustainable Development Commission has recently increased its capacity in Scotland, and is due to publish its assessment of how the Scottish Executive is delivering against Choosing Our Future. The Scottish Executive has further committed to commissioning an independent study of Scotland's ecological footprint in 2008. More on the concept is available in SPICe Briefing SB 05-40 Ecological Footprinting (Cook 2005b). In the run-up to the 2007 Scottish Parliament election WWF Scotland published an assessment of the ecological footprint of the party manifestos (WWF Scotland 2007d). The measurement of the Ecological Footprint of a Conference in the Scottish Parliament took place in 2005, and the Scottish Parliament has now adopted ecological footprinting as one of its key performance indicators for the organisation. The UN Decade of Education for Sustainable Development runs from 1 January 2005. The Scottish Executive (2006f) has published an Action Plan, and an implementation plan is due for publication. In 2004 research commissioned for the Parliament (Scottish Parliament Environment and Rural Development Committee 2004) examined whether the Executive was positioned to deliver sustainable development. The issue of whether there is a role for enhanced Parliamentary scrutiny of sustainable development issues continued in the Environment and Rural Development Committee in Session 2 of the Parliament. SPICe Briefing SB 06-75 Sustainable Development - Scrutiny of Legislation (Cook 2006b) considered what happens in other legislatures, and the Committee legacy paper (Scottish Parliament Environment and Rural Development Committee 2007b) recommended that the issue be taken forward in session 3 of the Scottish Parliament, something noted by the Committee Convenor’s Group (Scottish Parliament 2007) Environmental justice is a concept closely related to sustainable development. The Scottish Executive defines ‘environmental justice’ as having two central concerns (Scottish Executive 2005c):

• deprived communities, more vulnerable to poor environmental conditions, should not bear a disproportionate burden of negative environmental impacts

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• all communities should have access to the information and to the means to participate in decisions which affect the quality of their local environment

In 2005 the Executive published an update (Scottish Executive 200d) of its work on environmental justice.

WASTE The treatment and disposal of waste is regulated by the Scottish Environment Protection Agency (SEPA). Legislation on waste is derived mainly from EU law, particularly the Landfill Directive7. This establishes rules for the use of landfill and introduces targets for reducing the quantity of biodegradable municipal waste (BMW) sent to landfill. Non-municipal waste arisings comprise approximately 80% of Scotland’s waste (Scottish Environment Protection Agency 2007). The Business Waste Framework (Scottish Executive 2007d) sets out key aims for the sector, including reducing the amount of business waste by at least 200,000 tonnes a year. The Executive and SEPA have undertaken to publish progress reports on these aims bi-annually. Other waste policy sets targets for, and deals primarily with, municipal waste. Scotland’s National Waste Strategy (NWS) (Scottish Environment Protection Agency 1999) provides a framework for a reduction in the amount of waste produced, and aims to deal with the waste which has been produced in more sustainable ways. The NWS established eleven Waste Strategy Area Groups, which were charged with producing Area Waste Plans (AWP). The Strategic Waste Fund (SWF) is a specific grant scheme for implementing AWPs. The National Waste Plan (Scottish Environment Protection Agency 2003) (NWP) provides an integrated summary of these AWPs and an action plan to implement the considerable changes required. It also sets targets designed to comply with the Landfill Directive, which requires that by 2010, only 75% of BMW should go to landfill, 50% by 2013 and 35% by 2020. The NWP aims to achieve 58% by 2010, 40% by 2013 and 30% by 2020. The NWP (Scottish Environment Protection Agency 2003) sets a further target to recycle or compost 25% of the waste collected by local authorities by 2006, and 55% by 2020. As a result of the last Spending Review, a further recycling/composting target of 30% by 2008 has been added (Scottish Executive 2004e). Progress towards NWP targets is reported quarterly under the Landfill Allowance Scheme Quarterly Monitoring Returns and annually in the Waste Data Digest. The most recent returns show that 24.4% of municipal waste was recycled or composted in the year to March 2006. (Scottish Environment Protection Agency 2006b), Other targets included in the NWP are:

1. stopping growth in municipal waste produced by 2010 2. recovering energy from 14% of municipal waste by 2020

The Household Waste Prevention Action Plan (Scottish Executive 2007e) seeks to address the first of these targets by outlining specific actions to be carried out by product designers and manufacturers, retailers, consumers, communities and local authorities.

7 99/31/EC

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Further European Directives have been transposed to ensure producer responsibility in areas such as packaging, end of life vehicles, and waste electrical and electronic equipment.

WATER

FRESHWATER ENVIRONMENT AND FLOODING The freshwater environment in Scotland is affected by a range of activities. These include forestry, agriculture, recreation, water abstraction for industrial and domestic use, the planning and design of built developments including roads, river engineering works, impounding of water in reservoirs and pollution from chemicals and sewage. The major piece of legislation covering the freshwater environment is the Water Framework Directive8 implemented in Scotland by the Water Environment and Water Services (Scotland) Act 2003. The main aim of the directive is to protect, enhance and restore all surface and groundwater bodies by 2015. SEPA has responsibility for implementing the directive in Scotland, including for regimes covering abstractions, impoundments, and engineering works. The final text of a related directive on groundwater was agreed in December 2006. Further context on the Water Environment and Water Services (Scotland) Act 2003 is available in SPICe Briefings on the subject. SEPA states that Scotland has become wetter since 1961, and there are indications that:

• the overall quantity of water in Scottish rivers is increasing; • spells of very wet weather are occurring more frequently and with them the risk of

flooding; • some rivers in the east may be experiencing lower flows, particularly during the summer.

Responsibility for flooding is spread through a number of organisations, including landowners, local authorities, SEPA, Scottish Executive, and Scottish Water. Recently WWF Scotland (2007a) and RSPB Scotland (2007) have advocated sustainable flood management solutions – this means using natural systems, and considering rivers on a catchment wide basis. In January 2006 the European Commission (2006b) adopted a floods directive.

WATER INDUSTRY As well as providing a habitat for wildlife and carrying out natural ecosystem processes, freshwater is also a resource which is used in all Scotland’s homes and businesses. The main change in the water industry since devolution has been the merger of the 3 separate water authorities which served northern, southern and eastern Scotland into one company – Scottish Water. This was given legal effect by the Water Industry (Scotland) Act 2002. The Executive decided to do this because water charges were rising faster and were much higher in the Northern area where there are fewer, more dispersed customers who are more expensive to serve. Water charges throughout Scotland have been harmonised since the merger. The 2002 Act also created a separate office of the Drinking Water Quality Regulator for Scotland and changed the way customer interests were represented.

8 2000/60/EC

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Scottish Water is owned by the Scottish Ministers and is the supplier of water services to the vast majority of homes and businesses in Scotland. The amount that Scottish Water can charge for its services is capped by an independent regulator – the Water Industry Commission. In England and Wales water and sewerage companies were privatised in the 1990s but remain monopolies within their areas. The UK Government has pursued a policy of opening up the water industry to competition. The most recent step, introduced by the Water Act 2003, allows water companies in England and Wales to use each other’s pipes to transport water, called common carriage. Scottish Ministers decided that if Scottish Water was exposed to this type of competition companies might ‘cherry pick’ the customers they could make most money from and leave Scottish Water under an obligation to serve the rest. The Water Services etc. (Scotland) Act 2005 protects Scottish Water from competition by prohibiting common carriage on its network. The Act introduced competition for retail of water to large business customers, i.e. for billing and customer service and required Scottish Water to establish a subsidiary to handle these parts of its business. Retail competition for business customers will be introduced in full from April 2008. The Act also changed the independent regulator from one Commissioner to a Commission, and gave this Commission responsibility for determining water charges9. The amount of money which Scottish Water can invest is determined through a “Quality and Standards” process which determines the size of Scottish Water’s investment programme for multi-annual periods. The Scottish Executive announced (Scottish Executive 2005e) its decisions on what investment was needed from 2006-10 and the principles the Water Industry Commission should follow in setting charges10 in February 2005. The Water Industry Commission (2005) published its final determination of charges for 2006-10 on the 30 November 2005. Scottish Water will invest £2.45 billion in the 2006-10 period, compared to £1.8 billion in the 2002-06 period. The WIC has determined that this investment can be funded with below inflation increases to water bills. Within eight weeks of Scottish Water’s acceptance of the Water Industry Commission determination, Scottish Water is required to submit to the Scottish Executive a Business Delivery Plan. Disagreements between Scottish Water and its regulators over the proposed delivery plan led to the resignation of the Chair of Scottish Water, Professor Alan Alexander on 20 February 2006. This followed a series of letters (Scottish Executive 2006c) and meetings between Scottish Ministers, Scottish Water and the regulators (SEPA, Drinking Water Quality regulator and Water Industry Commission). In April 2006, Ronnie Mercer was appointed as interim Chair of Scottish Water. In December 2006, his appointment was extended to the end of September 2007 (Scottish Executive 2006). A revised delivery plan was approved in June 2006 (Scottish Water 2006).

9 Previously charges were determined by Ministers after they had received the advice of the Water Industry Commissioner 10 e.g. which customers should receive a discount on water charges

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SOURCES Air Quality in Scotland [Online]. Available at: http://www.scottishairquality.co.uk/current_levels.php?lg= Cook (2005a) Climate Change. SPICe Briefing SB 05-04. Edinburgh: Scottish Parliament. Available at: http://www.scottish.parliament.uk/business/research/briefings-05/sb05-04.pdf [Accessed 21 May 2007] Cook (2005b). Ecological Footprinting. SPICe Briefing SB 05-40. Edinburgh: Scottish Parliament. Available at: http://www.scottish.parliament.uk/business/research/briefings-05/SB05-40.pdf [Accessed 21 May 2007] Cook (2006a). National Scenic Areas. SPICe Briefing SB 06/47. Edinburgh: Scottish Parliament. Available at: http://www.scottish.parliament.uk/business/research/briefings-06/SB06-47.pdf [Accessed 21 May 2007] Cook (2006b) Sustainable Development - Scrutiny of Legislation. SPICe Briefing SB 06-75. Edinburgh: Scottish Parliament. Available at: http://www.scottish.parliament.uk/business/research/subject/sustainable.htm [Accessed 21 May 2007] Committee on Radioactive Waste Management (CoRWM) [Online]. Available at: http://www.corwm.org.uk/ Committee on Radioactive Waste Management (2006) Managing Our Radioactive Waste Safely. London: Committee on Radioactive Waste Management. Available at: http://www.corwm.org.uk/PDF/FullReport.pdf [Accessed 21 May 2007] Defra (2006a) UK Climate Change Programme 2006. Defra: London. Available at: http://www.defra.gov.uk/environment/climatechange/uk/ukccp/index.htm [Accessed 21 May 2007] Defra (2006b) Consultation on options for implementing the Environmental Liability Directive London: Defra. Available at: http://www.defra.gov.uk/corporate/consult/env-liability/ [Accessed 21 May 2007] Defra (2007a) Air quality and climate change: a UK perspective. London: Defra. Available at: http://www.defra.gov.uk/environment/airquality/publications/airqual-climatechange/index.htm [Accessed 21 May 2007] Defra (2007b) Marine Bill White Paper, A Sea Change. London: Defra. Available at: http://www.defra.gov.uk/corporate/consult/marinebill-whitepaper07/index.htm [Accessed 21 May 2007] Defra, DTI, Welsh Assembly Government, Department of the Environment (NI) and Scottish Executive (2006) Consultation on policy for the long term management of solid low level radioactive waste in the UK. London: Defra. Available at: http://www.defra.gov.uk/corporate/consult/radioactivity-llw/index.htm [Accessed 21 May 2007] Defra, Welsh Assembly Government, Department of the Environment (NI) and Scottish Executive (2005) Consultation on the National Adaptation Policy Framework. London: Defra. Available at:

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European Commission (2006b) Environment: Commission adopts new directive to fight floods. Press release 21 September 2005. Brussels: European Commission. Available at: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/50&format=HTML&aged=0&language=EN&guiLanguage=en[Accessed 21 May 2007] European Commission (2007a) Communication from the Commission to the Council and the European Parliament - 2006 Environment Policy Review. Brussels: European Commission. Available at: http://ec.europa.eu/environment/newprg/pdf/com_2007_195_en.pdf [Accessed 21 May 2007] European Commission (2007b): Q and A on the new Chemicals policy Brussels: European Commission. Available at: http://ec.europa.eu/environment/chemicals/reach/qa.htm#overall_aims [Accessed 21 May 2007] European Commission (2007c) Questions and Answers Environmental Liability Directive Brussels: European Commission. Available at: http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/157&format=HTML [Accessed 21 May 2007] European Commission (2007d) Europe to take another step towards a new EU maritime policy in Bremen. Press release 2 May 2007. Brussels: European Parliament. Available at: http://ec.europa.eu/maritimeaffairs/press/press_rel020507_en.html [Accessed 21 May 2007] European Parliament (2007) MEPs vote to set up a new temporary committee on climate change. Press release 25 April 2007. Brussels: European Parliament. Available at: http://www.europarl.europa.eu/news/expert/infopress_page/064-5741-113-04-17-911-20070420IPR05687-23-04-2007-2007-false/default_en.htm [Accessed 21 May 2007] Health and Safety Executive Nuclear Directorate [Online]. Available at: http://www.hse.gov.uk/nuclear/nsd1.htm House of Commons Environment, Food and Rural Affairs Committee Current Inquiries. [Online]. Available at: http://www.parliament.uk/parliamentary_committees/environment__food_and_rural_affairs.cfm# House of Commons Environmental Audit Committee inquiry into Beyond Stern - forecasting, cost-effectiveness, and climate change [Online]. Available at: http://www.parliament.uk/parliamentary_committees/environmental_audit_committee/eac_31_01_07.cfm House of Commons Environmental Audit Committee inquiry into the structure and operation of Government and the challenge of climate change [Online]. Available at: http://www.parliament.uk/parliamentary_committees/environmental_audit_committee/eac_23_04_07.cfm House of Commons and House of Lords Joint Committee on the Draft Climate Change Bill [Online]. Available at: http://www.parliament.uk/parliamentary_committees/jcclimatechange.cfm Intergovernmental Panel on Climate Change (2007a) Climate Change 2007: Impacts, Adaptation and Vulnerability - Working Group II Contribution to the Intergovernmental Panel on Climate Change Fourth Assessment Report. IPCC Secretariat: Geneva. Available at: http://www.ipcc.ch/SPM13apr07.pdf [Accessed 21 May 2007]

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Scottish Executive (2005b) Choosing our future: Scotland's sustainable development strategy. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Publications/2005/12/1493902/39032 [Accessed 21 May 2007] Scottish Executive (2005c) Environmental Justice. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Topics/SustainableDevelopment/8320 [Accessed 21 May 2007] Scottish Executive (2005d) Review of Progress on Environmental Justice Paper 2005/37. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Publications/2005/12/12161827/18283 [Accessed 21 May 2007] Scottish Executive (2005e) Water Services Bill. Press release 9 February 2005. Available at: http://www.scotland.gov.uk/News/Releases/2005/02/09172234 [Accessed 21 May 2007] Scottish Executive (2006a) Key Scottish Environment Statistics 2006. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Publications/2006/08/15095714/0 [Accessed 21 May 2007] Scottish Executive (2006b) Soil protection and climate change. Press release 25 September 2006. Available at: http://www.scotland.gov.uk/News/Releases/2006/09/25102611 [Accessed 21 May 2007] Scottish Executive (2006c) Series of letters relating to the Resignation of the Chairman of Scottish Water. Available at: http://www.scotland.gov.uk/Topics/Environment/Water/17583/resignation [Accessed 21 May 2007] Scottish Executive (2006d) Changing Our Ways: Scotland's Climate Change Programme. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Publications/2006/03/30091039/0 [Accessed 21 May 2007] Scottish Executive (2006e) Environmental Liability Directive - A Consultation. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Publications/2007/01/04155835/0 [Accessed 21 May 2007] Scottish Executive (2006f) Learning For Our Future: Scotland's First Action Plan for the UN Decade of Education for Sustainable Development. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Publications/2006/07/25143907/0 [Accessed 21 May 2007] Scottish Executive (2006g) Strategic Environmental Assessment Tool Kit. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Publications/2006/09/13104943/0 [Accessed 21 May 2007] Scottish Executive (2007a) Scotland's Climate Change Programme: Annual Report 2007. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Publications/2007/03/08105454/0 [Accessed 21 May 2007] Scottish Executive (2007b) Policy for the Long Term Management of Solid Low Level Radioactive Waste in the UK. Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/Topics/Environment/Waste/16293/176481 [Accessed 21 May 2007]

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