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