The Reservoirs (Scotland) Regulations 2016
| Jurisdiction | Scotland |
| Citation | SSI 2016/43 |
| Year | 2016 |
2016 No. 43
Flood Risk Management
Water Supply
The Reservoirs (Scotland) Regulations 2016
Made 26th January 2016
Laid before the Scottish Parliament 28th January 2016
Coming into force 1st April 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1(6)(b), 2(3), 9(3)(a), 10(2), 14(1), (3) and (4), 23(8), 24(7), 28(7) and (8), 30(2), 35(1)(d), 38(3)(c), 51(1)(e) and (2), 56(3), 64(1), 105 and 114(2)(b) of the Reservoirs (Scotland) Act 20111and all other powers enabling them to do so.
In accordance with section 14(2) of that Act, in making regulations under section 14(1), the Scottish Ministers have had regard to the reasonable cost of the exercise of the functions in respect of which fees are to be charged.
PART 1
INTRODUCTORY
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Reservoirs (Scotland) Regulations 2016 and come into force on 1st April 2016.
(2) In these Regulations—
“the Act” means the Reservoirs (Scotland) Act 2011;
“the 1930 Act” means the Reservoirs (Safety Provisions) Act 19302;
“the 1975 Act” means the Reservoirs Act 19753;
“1975 Act panel” means any of the following (established under section 4 of the 1975 Act)—
(a) all reservoirs panel;
(b) non-impounding reservoirs panel;
(c) service reservoirs panel; and
(d) supervising engineers panel;
“2011 Act panel” means any of the following (established under section 27(a) of the Act)—
(a) All Reservoirs (Scotland) Panel;
(b) Non-Impounding Reservoirs (Scotland) Panel;
(c) Service Reservoirs (Scotland) Panel; and
(d) Supervising Engineers (Scotland) Panel;
“adjacent” includes below;
“annual subsistence fee” means a fee that SEPA may charge under regulation 15(1);
“charging scheme” means a scheme of charges prepared by SEPA under regulation 19;
“eligible person” means a person who—
(a) would have been a member of a 1975 Act panel throughout the transitional period if the term of that membership (so far as it extended to Scotland) had not ceased by virtue of the repeal of the 1975 Act; and
(b) wishes to be appointed to the corresponding 2011 Act panel;
“fetch”, in relation to a reservoir, means the effective length of the reservoir over which wind can build up waves;
“financial year” means a period of 12 months ending with 31st March;
“natural level” has the meaning it has in regulation 5;
“new manager fee” means a fee that SEPA may charge under regulation 17(1);
“registration fee” means a fee that SEPA may charge under regulation 13(1);
“the relevant engineer” has the meaning it has in section 61(4) (appointment of referee) of the Act;
“surrounding land” has the meaning it has in regulation 5;
“top water level” has the meaning it has in regulation 3(3); and
“transitional period” means the period beginning with 1st April 2015 and ending with the date on which the statement referred to in paragraph 5 of Schedule 3 was signed and dated.
(3) In these Regulations, a reference to any panel in one of the following sub-paragraphs is to be construed as corresponding only to the other panel in that sub-paragraph—
(a)
(a) all reservoirs panel and All Reservoirs (Scotland) Panel;
(b)
(b) non-impounding reservoirs panel and Non-Impounding Reservoirs (Scotland) Panel;
(c)
(c) service reservoirs panel and Service Reservoirs (Scotland) Panel; and
(d)
(d) supervising engineers panel and Supervising Engineers (Scotland) Panel.
(4) In these Regulations—
(a)
(a) where a form in a Schedule contains italicised words in round brackets or a Note, those words and brackets and any such Note may be omitted from the completed form;
(b)
(b) where a form in a Schedule contains italicised words in square brackets, those words and brackets are, in the completed form, to be substituted with the information specified by those words; and
(c)
(c) where anything is to be done “in writing” that includes an electronic communication, as defined in section 15(1) of the Electronic Communications Act 20004, which is capable of being reproduced.
PART 2
CONTROLLED RESERVOIRS
Lochs and other areas to be considered artificial or partly artificial
2. For the purposes of section 1(2) of the Act, a loch or other area is to be considered artificial (or partly artificial) if it was created or enlarged as a result of human activity.
Calculation of volume of water that a structure or area is capable of holding
3.—(1) For the purposes of Part 1 of the Act, the volume of water that a structure, loch or other area referred to in paragraph (a) or (b) of section 1(2) of the Act (“the reservoir”) is capable of holding above the natural level of any part of the surrounding land is to be calculated by measuring the maximum volume of water (in cubic metres) which is capable of being held in the reservoir—
(a)
(a) above the bed of the reservoir; and
(b)
(b) between the toe of the reservoir and its top water level.
(2) Water not capable of flowing out of the reservoir over natural ground in the event of an uncontrolled release of water from the reservoir must not be included in the calculation.
(3) In paragraph (1)—
“bed”, in relation to a reservoir, includes any silt or other material that is incapable of flowing out of the reservoir over natural ground in the event of an uncontrolled release of water from the reservoir;
“toe” means the point on the downstream side of a dam, reservoir wall or embankment forming part of the reservoir where the base of the dam, reservoir wall or embankment, as the case may be, meets the lowest level of the natural ground (which remains after the construction, or any alteration, of the reservoir) of any part of the land adjacent to the reservoir, including the lowest bed level of any watercourse; and
“top water level” means—
(a) in the case of a reservoir with a fixed overflow sill, the lowest crest level of that sill;
(b) in the case of a reservoir the overflow from which is controlled wholly or partly by moveable gates, syphons or otherwise, the maximum level to which water may be held exclusive of any provision for flood storage; or
(c) in the case of a reservoir designed for the purposes of holding back floodwater, the maximum level to which floodwater may be held during any flood event exclusive of any provision for overflow.
Calculation of volume of water that a structure or area is capable of releasing
4. For the purposes of subsection (3) of section 1 of the Act, the volume of water that is capable of being released from a combination of structures or areas referred to in that subsection (“the combination”) is to be calculated by measuring the maximum volume of water (in cubic metres) which is capable of flowing out of the combination over natural ground in the event of an uncontrolled release of water from the combination.
Meaning of “natural level” and “surrounding land”
5.—(1) For the purposes of Part 1 of the Act—
“natural level”—
(a) in relation to any part of surrounding land which would remain covered with residual water after an uncontrolled release of water from the structure, loch or other area (to which the land relates), means the level of the surface of the residual water; and
(b) in relation to any other part of that surrounding land, means the level of the natural ground remaining after the construction, or any alteration, of the reservoir; and
“surrounding land”, in relation to a structure, loch or other area referred to in paragraph (a) or (b) of section 1(2) of the Act (“the reservoir”), means the land adjacent to the reservoir (including any land which would be adjacent to water held by the reservoir when the reservoir is holding the maximum volume of water that it is capable of holding).
(2) In the definition of “natural level” in paragraph (1), a reference to “residual water” is a reference to water which would not be capable of flowing out of the structure, loch or other area in question over natural ground in the event of an uncontrolled release of water from the reservoir.
Structures or areas which are not controlled reservoirs
6.—(1) Ponds within extractive waste areas or waste facilities constitute the structures or areas referred to in paragraph (a) of section 2(2) of the Act.
(2) In paragraph (1), references to “ponds”, “extractive waste areas” and “waste facilities” are to be construed in accordance with the meaning given to the corresponding word or expression in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 20105.
7. Weirs which are not capable of holding water above the natural banks of any part of a watercourse constitute the structures or areas in paragraph (c) of section 2(2) of the Act.
8.—(1) Road and railway embankments which are designed to drain water (including from any upstream areas) through the embankment, subject to paragraph (2), constitute the structures or areas referred to in paragraph (f) of section 2(2) of the Act.
(2) The road and railway embankments referred to in paragraph (1) do not constitute the structures or areas referred to in paragraph (f) of ...
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