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Draft Water Services (Scotland) Bill
Consultation on Proposed Provisions
SECTION F: Proposals Relating to the Coal Authority
PREVENTION OF ENVIRONMENTAL DAMAGE FROM ABANDONED COAL MINES
F1. Once underground coal mines are closed and the pumps are switched off,
surface and ground water will flood the mine. As the water level rebounds to
its natural state, minerals in the coal workings that have oxidised in air may
dissolve in solution. The water that results often becomes rich in iron
the telltale orange colour that has blighted many a river in Scotlands
industrial belt. If left unchecked this water is likely to flow into watercourses
and pollute them, but if treated may be used for potable, irrigation or industrial
supply. There are currently over thirty discharges from abandoned coal mines
in Scotland. There is also a threat from recovering water levels in some of
our more recently closed collieries where discharges have not yet occurred but
may do so unless preventative action is taken.
F2. Funded by the Department of Trade and Industry, the Coal Authority is
tasked with carrying out work on such mines and, in consultation with the Scottish
Environment Protection Agency (SEPA), agrees a priority list of works based
on environmental impact. Where appropriate, the Coal Authority needs to set
up remediation equipment and other apparatus on land near the mine. However,
it is hampered in achieving this in cases where it is unable to gain access
to land in order to carry out investigative work, or where it cannot acquire
land by agreement for its remediation works.
F3. At present SEPA has powers of access and compulsory purchase where necessary
to carry out its functions, whereas the Coal Authority does not have any for
its programmed abandoned mine operations that are to prevent pollution to the
environment. The Water Bill for England and Wales includes provisions for the
Coal Authority's operations to be given similar access and entry powers to those
of the Environment Agency. In order that the Coal Authority's works in Scotland
are not disadvantaged, we therefore propose to introduce similar statutory powers
to:-
- Prevent or deal with water emanating from any coal mine onto or into any
land or into the water environment,
- Enter land to drill boreholes and install monitoring or other equipment,
in order to investigate and deal with discharges of water from coal mines
that cause or are likely to cause serious pollution of the water environment
or a danger to life or health; and
- Compulsorily purchase land in Scotland to prevent or mitigate the effect
of a discharge of water from a coal mine into the water environment in cases
where the discharge has, is or is likely to cause serious pollution of the
water environment or serious harm to human health.
F4. Sections will be added to the Bill to give effect to the above before
it is introduced in the Scottish Parliament.

Small changes in the way we perform everyday tasks can have huge impacts on
Scotlands environment.
Walking short distances rather than using the car, or being careful not to
overfill the kettle are just two positive steps we can all take.
This butterfly represents the beauty and fragility of Scotlands environment.
The motif will be utilised extensively by the Scottish Executive and its partners
in their efforts to persuade people they can do a little to change a lot.
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