Home → Updates → Legal → The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022
The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022
Jurisdiction: Scotland
Commencement: 1st June 2022
Amends:
- Water Environment and Water Services (Scotland) Act 2003
- The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996
- Water Environment (Register of Protected Areas) (Scotland) Regulations 2004
- The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013
- Flood Risk Management (Scotland) Act 2009
- The Environmental Noise (Scotland) Regulations 2006
- The Air Quality Standards (Scotland) Regulations 2010
Mini Summary
- The Water Environment and Water Services (Scotland) Act 2003 sets out the arrangements for the protection of the water environment in Scotland and was put in place to meet the requirements of the Water Framework Directive, the Groundwater Directive and the Priority Substances Directive. It puts duties on the Scottish Environmental Protection Agency (SEPA), Scottish Water and the Scottish Ministers, and may be of interest to those involved in water management or supply in Scotland.
- The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 purpose is to lower nitrate levels in rivers and groundwater sources affected by nitrate pollution, and to reduce eutrophication of freshwater bodies, estuaries and coastal waters.
- The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 make further provision in relation to shellfish water protected areas within the Scotland River Basin District in order to support shellfish life and growth, and to contribute to the high quality of shellfish products suitable for human consumption.The Shellfish Waters Directive (2006/113/EC) was introduced to protect designated areas of water from pollution in order to support shellfish life and growth. This Directive has since been repealed and these Regulations are brought into force to offer continued support for the sustainable growth of the shellfish sector in Scotland.
- The Flood Risk Management (Scotland) Act 2009 implements the EC Floods Directive 2007/60/EC. The purpose of the Directive is to establish a framework for the assessment and management of flood risks, aiming at reduction in adverse consequences for human health, the environment, cultural and economic activity.
- The Environmental Noise (Scotland) Regulations 2006 implement the requirements of Directive 2002/49/EC relating to the assessment and management of environmental noise (“Environmental Noise Directive”), in Scotland which was brought in with the aim of having a common approach across the EU to avoid, prevent or reduce the harmful effect of noise, such as nuisance.These Regulations apply to environmental noise to which humans are exposed, particularly in built up areas, in public parks or other quiet areas, in an agglomeration (i.e. a urban area with a high population), near schools, hospitals and other noise sensitive buildings and areas.They do not apply to noise that is caused by an individual such as from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas.The Scottish Ministers are required to compile a consolidated noise map comprising of all the strategic noise maps required by these Regulations.
- The Air Quality Standards (Scotland) Regulations 2010 Regulations set limits, targets and objected for ambient air quality. Scottish Ministers are required to divide Scotland into zones and agglomerations. They also set new air quality standards along with target dates for micro fine particles.
Amendment
Deficiencies in Scottish legislation that resulted from the EU Exit, relating to water environment, flood risk management, noise pollution control, air quality and animal health are addressed. The changes are as follows.
- The Water Environment and Water Services (Scotland) Act 2003 is updated to remove EU obligations of the UK.
- The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 is updated to clarify duties of the Scottish Environmental Protection Agency (SEPA) to monitor nitrate concentrations in freshwater.
- Technical changes are made to Water Environment (Register of Protected Areas) (Scotland) Regulations 2004 and Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 to reference EU retained law.
- The Flood Risk Management (Scotland) Act 2009 is updated by minor technical changes to reference Scottish Ministers and EU retained law.
- The Environmental Noise (Scotland) Regulations 2006 is updated to give a definition of an external competent authority.
- The Air Quality Standards (Scotland) Regulations 2010 is updated to reference Scottish Ministers and to reference UK legislation.
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