Common activities and the role/function of regulatory
authorities in Scotland with some responsibility
for the control of activities with a potential to
degrade water quality at European marine sites
(CA - Competent authority; SC - Statutory consultee;
NSC - Non-statutory consultee; PL - influence through
the planning process)
(refer to Table 4.1 for effects of these activities
on water quality)
|
SEPA |
SERAD
|
Scottish Executive
|
Scottish Natural Heritage
|
Local authority
|
Other
|
Discharge
via pipes of sewage, sewage effluent, storm
water and liquid effluents from industry (including
cooling waters from power stations) to rivers,
estuaries and coastal waters; |
CA1, SC2
|
SC3
|
PL4
|
SC5
|
PL6, SC7
|
Water Authority: SC8
|
Abstraction
of freshwater for irrigation, industrial processes
and drinking water purposes; |
CA9, SC2
|
|
PL4
|
SC5
|
PL6
|
Water Authority: SC10
|
Abstraction
of saltwater for cooling purposes in power stations |
SC2
|
|
PL4
|
SC5
|
PL6
|
|
Maintenance
dredging in rivers, estuaries and coastal waters; |
|
CA11
|
|
SC5
|
|
Port and harbour authorities:
CA12
|
Capital
dredging in estuaries and coastal waters |
SC2
|
NSC
|
PL4
|
SC5
|
PL6
|
|
Aggregate
extraction in estuaries and coastal waters |
NSC
|
NSC, CA13
|
|
SC5
|
NSC
|
Crown Estate: CA14
|
Disposal
of waste (including dredge spoil) in estuaries
and coastal waters; |
NSC
|
CA15
|
|
SC5
|
|
|
Aquaculture
in estuaries and coastal waters; |
CA1, SC2
|
CA16
|
PL4
|
SC5
|
PL6
|
Crown Estate: CA17
|
Oil/
gas exploration and mineral extraction in estuaries
and coastal waters; pollution from offshore
installations |
NSC
|
NSC
|
CA18
|
SC5
|
|
DTI
CA18
|
Pollution
arising from shipping in estuaries and coastal
waters; |
CA19
|
SC20
|
CA21
|
SC20
|
SC20
|
Port and harbour authorities:
CA22
|
Commercial
fishing for fin and shell fish in estuaries
and coastal waters. |
|
CA23
|
|
SC5
|
|
|
Land
reclamation, marine construction works (including
harbours and marinas) and beach replenishment
in estuaries and coastal waters; |
SC24
|
CA25
|
PL4
|
SC5
|
PL6
|
Crown Estate: CA26
|
Flood
defence in estuaries and coastal waters; |
|
CA27
|
|
SC5
|
CA28
|
|
Placement
of structures in the sea (including windfarms) |
SC
|
CA25
|
CA11
|
SC5
|
|
Crown Estate: CA26
DTI CA18
|
Land
use in the catchments of estuaries and coastal
waters. |
NSC29
|
CA30
|
PL4
|
SC5
|
PL6
|
|
Discharge
of gaseous emissions to the atmosphere from
industrial processes. |
CA31
|
|
PL4
|
SC5
|
PL6
|
|
Notes
SEPA is the competent authority for consenting
discharges via pipes (including cage fish farms)
to controlled waters and for the authorisation of
discharges to water from certain industrial processes;
SEPA is a statutory consultee for certain planning
applications;
Scottish Executive Rural Affairs Department (SERAD)
is a statutory consultee with respect to possible
impacts of sea fisheries;
The Scottish Executive is the final arbiter in
planning applications which cannot be resolved by
local planning authorities.
Scottish Natural Heritage (SNH) is a statutory
consultee under the Conservation (Habitats &c.)
Regulations 1994 where a >plan
or project=
is likely to have a significant effect on a European
(marine) site;
Local authorities are the local planning authority
and are responsible for dealing with planning applications
for works associated with a discharge, an abstraction
or other land-based works. Some works may require
an Environmental Assessment;
Local authorities are consulted for all consent
applications;
The appropriate Water Authority is a statutory
consultee in relation to water supply issues;
SEPA is the competent authority for the granting
of abstraction licences from rivers and estuaries;
Persons applying for a licence to abstract are
required to serve a notice to the appropriate Water
Authority;
Consent from the Scottish Executive is required
where there are implications for the provision of
safety of navigation;
Port and harbour authorities administer maintenance
dredging and are governed by their own legislation;
The Scotish Development Department administers
the >Government
View=
procedure which determines whether an application
for aggregate extraction is granted;
Crown Estate issues a licence for aggregate extraction
from the sea bed following a favourable >Government
View= of the proposed operation;
SERAD is responsible for the issue of a disposal
licence under the provisions of Part II of FEPA
1985;
SERAD registers fish farming (and saltwater shellfish
farming) businesses under fish diseases legislation;
Crown Estate acts as a landowner leasing the sea
bed for various uses;
DTI Oil and Gas Directorate issues licences to
explore for and exploit the petroleum resources
of Great Britain, the United Kingdom territorial
sea and the UK Continental Shelf. The Department
is also responsible for the granting of consents
for certain activities carried out under those licences
and for the decommissioning of oil and gas installations.
Prior to offering petroleum licences, the Department
consults widely with other Government Departments
and (through the JNCC) the nature conservation agencies,
i.e. SNH. The DTI also has responsibility for giving
consent to the siting of offshore wind farms in
excess of 50 megawatts capacity under Section 36
of the Electricity Act 1989;
SEPA has powers to prosecute for a pollution incident
in controlled waters;
SERAD, statutory nature conservation agencies and
local authorities are consulted in the event of
a pollution incident affecting coastal waters;
The Scottish Executive is the competent authority
for enforcing Merchant Shipping legislation;
Port and harbour authorities are required to provide
waste reception facilities for ships entering ports
and harbours;
SERAD is the competent authority for commercial
sea fisheries in coastal waters (to the 12 mile
limit);
SEPA, Scottish Executive Departments, local planning
authorities and the Crown Estate would be consulted
by SERAD in consideration of a licence for these
activities which is required under FEPA 1985.
SERAD is the competent authority for issuing licences
for these activities under FEPA 1985;
If the activity is to be undertaken on seabed owned
by the Crown Estate, then SERAD administers an approval
process which, if favourable, results in the issue
of licence by the Crown Estate;
The Scottish Executive has some policy responsibility
for flood defence and coastal protection in Scotland;
Local authorities are responsible for planning,
design, construction, maintenance and operation
of flood defence measures with respect to non-agricultural
land. Landowners have responsibility for agricultural
land;
SEPA provides advice to farmers on the protection
of water and soil from pollution from agricultural
activities;
SERAD implements policies determining agricultural
activities in catchments;
SEPA is responsible for issuing authorisations
for emissions to the atmosphere.
References
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