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These Regulations require persons with custody or control of a crop being made into silage, of livestock slurry or of certain fuel oil to carry out works and take precautions and other steps for preventing pollution of inland or coastal waters. The principal changes respect to past legislation are: (a) to redefine the meaning of the term "silage" as "any forage crop which is being, or has been, conserved by fermentation or preservation (including the use of additives), or both, and which is intended for consumption by livestock"; (b) to make provision to ensure that places where silage is proposed to be stored are at least 10 metres from inland or coastal waters; (c) to allow persons making bulk bagged silage on farms to do so without restrictions where bags in which that silage is kept incorporate a facility which allows for the safe removal of excess effluent; (d) to allow for substantial reconstruction of an exempt structure with the agreement of Scottish Environmental Protection Agency ("SEPA"), where the risk of pollution will be reduced; (f) to extend the powers available to SEPA to serve notices in respect of all structures used for purposes covered by the 1991 Regulations rather than being restricted to exempt structures where there is a significant risk of pollution identified; and (g) to allow SEPA in cases where a notice requiring works is necessary to require the drawing up and implementation of a Farm Waste Management Plan in accordance with methods identified for the collection, storage and land application of slurry and manure contained within guidance currently contained within the Code of Good Practice for the Prevention of Environmental Pollution From Agricultural Activity.
These Regulations require persons with custody or control of a crop being made into silage, of livestock slurry or of certain fuel oil to carry out works and take precautions and other steps for preventing pollution of inland or coastal waters. The principal changes respect to past legislation are: (a) to redefine the meaning of the term "silage" as "any forage crop which is being, or has been, conserved by fermentation or preservation (including the use of additives), or both, and which is inte
Made under the Control of Pollution Act 1974.These Regulations re-enact, with changes the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991.Regulations S.S.I. No. 248 of 2001 amend regulation 12 of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001 (S.S.I. 2001/206). Paragraph (2) of regulation 12 contains an incorrect numerical reference to regulation 9 (appeals against notices) of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991 (S.I. 1991/346). This is corrected by regulation 2(2)(a) of these Regulations which substitutes the correct reference (to reg. 8 of the 1991 Regulations). Paragraph 12(3) of the Schedule to the Environment Act 1995 (Consequential and Transitional Provisions) (Scotland) Regulations 1996 (S.I. 1996/973) changed the reference to "the river purification authority" in regulation 8 of the 1991 Regulations to a reference to "SEPA". Regulation 2(2)(b) makes it clear that that provision shall continue to have effect for the purposes of paragraph (2) of Regulation 12.
Title:
Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001 (S.S.I. No. 206 of 2001).
Country:
United Kingdom of Great Britain and Northern Ireland
Type of document:
Regulation
Date of text:
2001
Data source: