Citation and commencement

1. These Regulations may be cited as the Water Environment (Diffuse Pollution) (Scotland) Regulations 2008 and come into force on 1st April 2008.

Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2005

2. The General Binding Rules in Part 1 of Schedule 3 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005(2) are modified in accordance with the Schedule.

Amendment of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

3. The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003(3) are amended as follows-

(a) in regulation 1(2), (citation, commencement, interpretation and extent)-

(i) insert the following definitions in the appropriate places alphabetically-

• ""constructed farm wetland" means a series of one or more ponds for the treatment of-

  (a)

  slurry of a type specified in regulation 3(4); or

  (b)

  silage effluent consisting mainly of rainwater,

  which have been constructed in such a manner that any discharge from the ponds will not pollute the water environment;

• "farm yard manure" means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food);

• "pesticide" has the same meaning as in section 16 of the Food and Environment Protection Act 1985(4);";

(ii) omit "and" where it immediately precedes the defined term "slurry storage tank";

(iii) immediately after the words "storage of slurry" where they occur in the definition of "slurry storage tank" insert-

• "; and

• "water environment" has the same meaning as it has in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).".

(b) in regulation 3, (storage of slurry)-

(i) in paragraph (1) after "paragraph (2)" insert " and (3)";

(ii) after paragraph (2) insert-

"(3) Paragraph (1) shall not apply to slurry of a type specified in paragraph (4) if such slurry is drained to a constructed farm wetland.

(4) The type of slurry referred to in paragraph (3) is slurry which consists mainly of rainwater and washings which derive from-

(a) a midden, which contains in a substantial majority farm yard manure and is situated where its contents can be affected directly by precipitation;

(b) an area or pathway where that area or pathway can be directly affected by precipitation, is used by livestock to move from one area to another, but is not used for the movement of livestock to or from an area where they are-

(i) milked;

(ii) housed;

(iii) fed; or

(iv) gathered or held prior to or after any of the activities referred to in paragraphs (i) to (iii);

(c) an area which-

(i) can be directly affected by precipitation;

(ii) is used for the gathering or holding of livestock for periods of 24 hours or less; and

(iii) is not an area falling within paragraph (5).

(5) An area falls within this paragraph if livestock are gathered or held on it-

(a) more regularly than once a week; or

(b) for any of the purposes referred to in paragraph (4)(b)(i) to (iv).

(6) Slurry which contains pesticide shall not be permitted to drain to a constructed farm wetland.".

(c) in Schedule 1 (requirements for silos)-

(i) in paragraph 2, after the words "channel or pipe" insert-

• "and (if so desired) to a constructed farm wetland in compliance with paragraph 10 through a separate channel or pipe;";

(ii) after paragraph 2 insert-

"2A. No silage effluent shall be drained to a constructed farm wetland from an effluent tank.".

(iii) after paragraph 9 insert-

"10. Silage effluent which consists mainly of rainwater shall be drained from the silo to a constructed farm wetland only if-

(a) the drainage takes place during the period between 1st November in one year and 30th April in the next year; and

(b) no crop which is being made into silage has been added to that silo during that period.".

Regulation 2

SCHEDULE MODIFICATION TO THE WATER ENVIRONMENT (CONTROLLED ACTIVITIES) (SCOTLAND) REGULATIONS 2005

1. In Part 1 of Schedule 3 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (General Binding Rules), immediately after activity 17 insert-

2. In Part 2 of Schedule 3 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (General Binding Rules)-

(a) insert the following definitions in the appropriate places alphabetically-

""application" means the spreading, spraying, incorporating or injecting into or onto land;

"crop" includes any plant grown for a commercial purpose;

"cultivation" includes the preparation of land prior to planting, and the harvesting of any crop;

"farm yard manure" means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food);

"fertiliser" means any substance containing nutrients which is utilised on land to enhance plant growth, but excludes forestry brash;

"forest" means land of an area of more than 0.5 hectares-

"moling" means a cultivation method where an implement is used to open a conduit within the soil along which water may flow;

"pesticide" has the same meaning as in section 16 of the Food and Environment Protection Act 1985(9);

"rural land use activities" means agricultural, forestry or leisure activity;";

(b) omit "and" where it immediately precedes the defined term "uncultivated land"; and

(c) immediately after the definition of "uncultivated land" insert the following-

""water for human consumption" means water that may be ingested by humans, used in the preparation of food or drink, or used in the cleaning of materials involved in the storage or consumption of food or drink;

"waterbound road" means a road constructed of coarse stone and fine aggregate to form a tightly bound semi-impervious surface; and

"waterlogged" means soil which is at water retaining capacity, except in a forest where it means where water is visible on the soil surface.".

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under sections 20 and 36(3) of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 (asp 3), make amendments to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) (CAR) and to the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 (S.S.I. 2003/531) (SSAFO).

Schedule 3 of CAR is amended to effect changes to the General Binding Rules contained there by adding as Rule 18 to 24, General Binding Rules relating to the control of diffuse pollution, and in particular-

(a) the storage and application of fertiliser;

(b) the keeping of livestock;

(c) land cultivation;

(d) the discharge of water run off via a surface water drainage system;

(e) the construction and maintenance of certain types of road and track;

(f) the application of pesticides; and

(g) the operating of sheep dipping facilities.

Regulation 3 of SSAFO is amended through the addition of 4 new paragraphs which provide for an alternative form of disposal for certain types of slurry. Schedule 1 of SSAFO is amended through the addition of provisions which provide for an alternative form of disposal for a certain type of silage effluent. Regulation 1 of SSAFO is amended in order to accommodate such changes.

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from Water, Air, Soils and Flooding Division, Victoria Quay, Edinburgh EH6 6QQ.