The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013

JurisdictionScotland
CitationSSI 2013/325
Year2013
  • These Regulations may be cited as the Water Environment (Shellfish Water Protected Areas: Environmental Objectives
  • In these Regulations—
  • prevent deterioration of the shellfish water quality of each shellfish water protected area; and
  • protect and improve each shellfish water protected area with the aim of achieving good shellfish water quality by 22nd December 2015.
  • no further deterioration occurs in the shellfish water quality of the area;
  • the scale of improvements required can only be achieved in phases exceeding the timescale, for reasons of technical feasibility;
  • completing the improvements within the timescale would be disproportionately expensive; or
  • natural conditions do not allow timely improvement in the shellfish water quality of the area;
  • extensions are limited to a maximum of two updates (or, as the case may be, further updates) of the river basin management plan or the update of it which first sets out the information required by paragraph (d) (except in cases where the natural conditions are such that the environmental objectives set pursuant to regulation 3(b) cannot be achieved within that period) ;
  • the extension of the deadline, and explains the reasons for it;
  • a summary of the measures which are envisaged as necessary to bring the area progressively to the required quality by the extended deadline; and
  • the reasons for any significant delay in making these measures operational, and the expected timetable for their implementation; and
  • a review of the implementation of the measures referred to in paragraph (d) and a summary of any additional measures is included in updates of the river basin management plan.
  • the environmental and socio-economic needs served by such human activity cannot be achieved by other means which are a significantly better environmental option not entailing disproportionate costs;
  • the highest shellfish water quality possible is achieved, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution;
  • no further deterioration occurs in the shellfish water quality of the affected area; and
  • the establishment of less stringent environmental objectives, and the reasons for it, are set out in the river basin management plan (or the next update of it) and those objectives are reviewed every 6 years.
  • to prevent further deterioration in shellfish water quality of the area; and
  • so as not to compromise the achievement of the objectives set under section 9(1) (a) (i) of
  • all practicable measures are taken with the aim of restoring the area to the shellfish water quality it had before the effects of the circumstances as soon as reasonably practicable; and
  • a summary of the effects of the circumstances and of such measures taken or to be taken in accordance with paragraphs (a) and (b) are included in the next update of the river basin management plan.
  • permanently excludes or compromises the achievement of the objectives set pursuant to section 9(1) (a) (i) of
  • is inconsistent with the implementation of any
  • cover monitoring of the quality of the area;the shellfish water quality of the area;the extent to which each environmental objective set for the area pursuant to regulation 3 has been, or is likely to be, achieved; andany risks

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