The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 (Regulations 2021) provides a regulatory framework for controlling activities which could have an adverse effect on Scotland s water environment, including abstraction, impoundments, engineering, dredging, surface water drainage, and pollution. These Regulations amend the Water Environment (Controlled Activities) (Scotland) Regulations 2011 in several sections (2011 Regulations).
Regulation 3(2) amends the 2011 Regulations providing that 2011 Regulations do not apply to the construction and alteration of impoundment works in transitional and coastal waters and to certain discharges in connection with scientific experiments or surveys in transitional and coastal waters. Those activities in transitional and coastal waters are regulated under Part 4 of the Marine (Scotland) Act 2004. Regulation 3(3) makes a minor change to regulation 36 of the 2011 Regulations. Regulation 3(4) amends existing general binding rules 5, 6, 8, 9, 11, 14, 15, 18, 22, 25, 27 and 28 in Part 1 of schedule 3, replaces existing general binding rule 10 with general binding rules 10A to 10D, and inserts new general binding rules 29 to 34 in that Part of that schedule. Regulation 3(5) inserts new definitions in Part 2 of schedule 3 of the 2011 Regulations. Regulation 8 makes consequential amendment. Regulation 9 and the schedule revoke the 2003 Regulations, and make other consequential revocations.