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4. PURPOSE OF DESIGNATING WEWS RELEVANT ENACTMENTS
4.1 General purpose of designation
As discussed above, in the light of the duties set out in the WEWS Act on Scottish Ministers, SEPA, and public bodies generally, we expect due regard to be given to the requirements of the Directive in any decision-making process which could have an impact on Scotland's water environment. Accordingly, we consider that all public bodies should adopt the following measures in appropriate circumstances in order to support the achievement of the Directive's aims.
- Engage all relevant parties and work collaboratively to resolve any possibility of conflict or duplication at the earliest possible opportunity when developing plans, polices, and legislation, or taking regulatory decisions that may have implications for the water environment;
- Have regard to the objectives set out in the River Basin Management Plans in carrying out their functions;
- Ensure that options for decision-making which could have an impact on the water environment take full account of WFD requirements so that the best environmental option is identified at an early stage;
- Achieve the most appropriate balance between the protection of the water environment and the social and economic impacts of that protection; and
- Comply with the Scottish Government's policy and advice on sustainable flood management.
In certain circumstances however, we do not believe that this general obligation is sufficiently transparent or robust to meet the Directive's aims. And it is for this reason that section 2 of the WEWS Act confers powers on the Scottish Ministers to clarify these existing obligations, where necessary, through the designation of WEWS 'responsible authorities' and 'relevant enactments'.
4.2 Benefits of designating relevant enactments
Identifying a piece of legislation as a WEWS Relevant Enactment places the Scottish Ministers and SEPA under an explicit duty to exercise their functions or powers under that legislation in a way that promotes the successful implementation of the Directive in Scotland. It also affords the Scottish Ministers and SEPA the necessary flexibility to ensure that a balanced approach can be arrived at in any particular case.
There are four associated benefits of designating WEWS Relevant Enactments:
The first of these is that the Scottish Ministers and SEPA must take into account the social and economic impact of the exercise of their functions when protecting the water environment. This flexibility enables a balanced, measured and proportionate approach which is tailored to the individual circumstances of a particular situation. For example, where the Scottish Ministers are approving an activity, such as a drought order under the Natural Heritage (Scotland) Act 1991, the approval or otherwise of that activity should involve consideration of the social and economic consequences of the decision-making process alongside environmental protection.
The second and third considerations relate to sustainable flood management and sustainable development. Sustainable flood management consideration means that the Scottish Ministers and SEPA must ensure that any flood prevention measures taken in the future work as closely as possible with the natural environment, ensuring protection for future generations. Similarly sustainable development considerations will ensure that our actions today do not limit or compromise the ability of future generations to meet their own needs. However both of these considerations apply only insofar as they are consistent with the purpose of the designated enactment.
Finally, designation also brings with it a duty for the Scottish Ministers, SEPA and the WEWS Responsible Authorities to co-ordinate the exercise of their functions. This is a core objective of our implementation strategy, designed to ensure a joined-up approach is taken to all areas of working. In turn, this will ensure an efficient approach to the protection of Scotland's water environment by minimising duplication of effort and, wherever possible, ensuring that operators are provided with consistent information, advice and or decisions.
River basin management planning and advisory groups SEPA has established a network of Area Advisory Groups and a National Advisory Group to help in river basin management planning. The membership of these advisory groups includes responsible authorities, other public bodies and representatives of users of the water environment. Among other things, the groups provide a focus for communication and coordinated action between the different public bodies and for partnership with the private sector and environmental non-government organisations. These advisory groups are helping to develop the RBMPs and will play a key role in the delivery of the environmental objectives set out in the plans. |
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