For the first time in 50 years a new legislative opportunity has arisen which means that damaged rivers like the Garry can be restored as far as possible.
This has resulted from the European Water Framework Directive (WFD) which was transposed into Scots Law with the Water
Environment and Water Services (Scotland) Act
2003. The implementation of the legislation is led by the Scottish Environment Protection Agency (SEPA).
The WFD is concerned with a wide range of impacts on the freshwater environment, including some impacts which have not previously really been regulated in Scotland, for example river engineering works and water abstraction.
Remedial works to improve the ecological status or potential of rivers are to be agreed in a succession of River Basin Management Plans which will be produced every six years. The first plan is due for publication in 2009 for implementation during the period 2012 – 2015.
As a means of delivering these plans, impacts like engineering and water abstraction are now controlled by The Water Environment (Controlled Activities) (Scotland) Regulations (2005). These regulations now require water abstractors to have a licence from SEPA and, in time, SEPA can review these licences and can limit what can be abstracted for the benefit of the environment.
If SEPA decide to alter a licence in a case like the Garry there will be a requirement for public adverisement and consultation. Thereafter, if third parties still feel unsatisfied with SEPA's decision appeals can be made to Scottish Mnisters.
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The Water Framework Directive now obliges EU member states to try and find ways of improving overabstracted rivers. Crucially, this can include demanding a reduction in power generation if alternative forms of generation are available which are not prohibitively expensive or do not cause greater environmental damage
Read more - SSE's proposals |
