WFD National Stakeholder WFD National Stakeholder ForumForum2929thth/30/30thth October 2003 October 2003  

Building and Engineering Building and Engineering WorksWorks

Dr. Scot MathiesonDr. Scot MathiesonConservation AdvisorConservation AdvisorSEPASEPA

WFD National Stakeholder WFD National Stakeholder ForumForum2929thth/30/30thth October 2003 October 2003  

Building and Engineering Building and Engineering WorksWorks

Dr. Scot MathiesonDr. Scot MathiesonConservation AdvisorConservation AdvisorSEPASEPA

OverviewOverview

1. Legal basis

2. General Binding Rules

3. Timetable issues

4. Interaction with the Town and Country Planning system

LEGAL BASIS FOR ENGINEERING LEGAL BASIS FOR ENGINEERING REGIMEREGIME

The power to make Regulations -The power to make Regulations -

In Water Environment and Water Services (Scotland) Act 2003 s.20(3)(d), controlled activities include:

“building, engineering or other works in, or in the vicinity of, any body of inland surface water”.

Water Framework Directive - basic measures to be implemented by Member States to achieve the Article 4 objectives.

LEGAL BASIS FOR ENGINEERING LEGAL BASIS FOR ENGINEERING REGIMEREGIME

LEGAL BASIS FOR ENGINEERING LEGAL BASIS FOR ENGINEERING REGIMEREGIME

Article 11(3)(j) requires:

“measures to ensure that the hydromorphological conditions of the bodies of water are consistent with the achievement of the required ecological status or good ecological potential for bodies of water designated as artificial or heavily modified”.

LEGAL BASIS FOR ENGINEERING LEGAL BASIS FOR ENGINEERING REGIMEREGIME

Draft Regulations – alternative definition raised for consideration:

 [“any works in or in the vicinity of inland surface waters which directly affect:

(i)(i) the morphology of surface inland waters where the morphology of surface inland waters where such works could impact upon the ecology of such works could impact upon the ecology of the watersthe waters

oror

(ii) wetlands directly assoc’d with surface inland (ii) wetlands directly assoc’d with surface inland waters where this may harm the ecology of waters where this may harm the ecology of surface waters or damage the protective surface waters or damage the protective function of wetlands so that this may indirectly function of wetlands so that this may indirectly lead to harm to surface waterslead to harm to surface waters”]”]

What activities are we talking about ?What activities are we talking about ?

New works or modifications, for example:

• Works that seek to alter the natural channel of a river, reinforce its banks, or canalise it

• works that disturb the sediment since this may have a detrimental impact on the environment

• structures in, around or above a water body (e.g. roads, bridges)

Regime applies to rivers & lochs only , not estuaries or coastal waters (SE is currently

considering options)

Timetable issuesTimetable issues

• Control regime for new engineering works expected in force from 1st November 2005 for new works or modifications

• Not apply to existing structures but will for works assoc’d with management/ maintenance of existing structures

• How to deal with cases ongoing on 1st Nov 2005 ?

• Restoration powers of the regime should apply to new, current and past activities

• Restoration requirements for first RBMP cycle would have to be undertaken by 2012

General Binding RulesGeneral Binding Rules

GBRs - ‘light touch’ alternative to full licensing as a way of controlling the environmental

impacts of relatively minor activities

Which building/ engineering activities do you believe could be regulated by general binding rules?

Interaction with planningInteraction with planning

• Demarcation between regimes

• Communication/ consultation/ consistency between SEPA and local authorities

• Potential for overlap with planning powers of local authorities

• Overlap could cause unnecessary confusion amongst developers and land owners

• Some activities will require control under both

Examples of issues that will be considered over the coming months include:

Issues for discussionIssues for discussion

1. Definition of engineering for the Regulations ?

2. Dealing with transitional cases ?

3. General Binding Rules – which activities do you think could be controlled through GBRs ?