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7. SUMMARY AND CONCLUSIONS
Relevant enactments
Successful implementation of the Water Framework Directive requires an integrated approach to the management of our water resources. Designation of WEWS relevant enactments will support this integration, as Scottish Ministers and SEPA are required to exercise their functions under the designated legislation in a way that promotes the successful delivery of our WFD obligations.
Taking into account the responses to our recent consultation, we have revised our proposals for designation to cover the following legislation:
- Food and Environment Protection Act 1985
- Aquaculture and Fisheries (Scotland) Act 2007
- Diseases of Fish Act 1937
- The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006
- Roads (Scotland) Act 1984
- Transport and Works (Scotland) Act 2007
- Town and Country Planning (Scotland) Act 1997
- Flood Prevention (Scotland) Act 1961
- Coast Protection Act 1949
- Water Industry (Scotland) Act 2002
- Natural Heritage (Scotland) Act 1991
- The Bathing Waters (Scotland) Regulations 2008
- The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996
Responsible authorities
This exercise has also highlighted some gaps in our designation of responsible authorities made in 2006. We have therefore updated those designations to include the following:
- Local authorities' functions in respect of flood management under the Coast Protection Act 1949
- Local authorities' functions under the Bathing Water (Scotland) Regulations 2008
- Scottish Water's functions under the Urban Waste Water Treatment (Scotland) Regulations 1994
For simplicity, we have combined the designation of relevant enactments and the updated designation of responsible authorities into a single instrument, The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions ) Order 2008. The new Order is expected to come into effect in the autumn of 2008. We have revoked the original 2006 Orders.
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