The Reservoirs (Scotland) Regulations 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/90 |
| Year | 2015 |
2015No. 90
FLOOD RISK MANAGEMENT
WATER SUPPLY
The Reservoirs (Scotland) Regulations 2015
26thFebruary2015
2ndMarch2015
1stApril2015
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), 28(7) and (8), 30(2) and 114(2)(b) of the Reservoirs (Scotland) Act 2011( 1) and of all other powers enabling them to do so.
In making these Regulations, 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 by SEPA.
PART 1
INTRODUCTORY
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Reservoirs (Scotland) Regulations 2015 and come into force on 1st April 2015.
(2) In these Regulations-
"the Act" means the Reservoirs (Scotland) Act 2011;
"the 1975 Act" means the Reservoirs Act 1975( 2);
"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);
"cessation fee" means a fee that SEPA may charge under regulation 17(1)(a);
"charging scheme" means a scheme of charges prepared by SEPA under regulation 19;
"eligible person" means a person who-
(a) has been a member of a 1975 Act panel throughout the transitional period; and(b) wishes to be appointed to the corresponding 2011 Act panel;"financial year" means a period of 12 months ending with 31st March;
"new manager fee" means a fee that SEPA may charge under regulation 17(1)(b);
"registration fee" means a fee that SEPA may charge under regulation 13(1); 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) all reservoirs panel and All Reservoirs (Scotland) Panel;(b) non-impounding reservoirs panel and Non-Impounding Reservoirs (Scotland) Panel;(c) service reservoirs panel and Service Reservoirs (Scotland) Panel; and(d) supervising engineers panel and Supervising Engineers (Scotland) Panel.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) above the bed of the reservoir; and(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, as the case may be, embankment 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 2010( 3).
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) Roads 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 roads and railway embankments referred to in paragraph (1) do not constitute the structures or areas referred to in paragraph (f) of section 2(2) of the Act if drains which are designed to drain water (including from any upstream areas) through the embankment are-
(a) artificially blocked for the purposes of using areas upstream to hold water; or(b) constructed so that water is held above natural ground level.9. A structure or area created as a result of the construction of dams by beavers is not a controlled reservoir (and is not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 1(3) or (4) of the Act).
PART 3
REGISTRATION
Controlled reservoirs register: additional information
10.-(1) From the date on which a controlled reservoir is required to be registered under the Act, the controlled reservoirs register must contain the business address of any construction engineer, inspecting engineer, other qualified civil engineer or supervising engineer appointed at any time in relation to the reservoir (and the period of any such appointment).
(2) From the date on which a 1975 Act reservoir is required to be registered under the Act, the controlled reservoirs register must contain the name and business address of any construction engineer, inspecting engineer or supervising engineer appointed immediately before that date (or, if any such engineer was not appointed at that point, the last such engineer appointed) under the 1975 Act in relation to the reservoir (and the period of any such appointment).
(3) In paragraph...
To continue reading
Request your trial