Committee
Rural Affairs, Climate Change and Environment Committee 24 February 2016
24 Feb 2016 · S4 · Rural Affairs, Climate Change and Environment Committee
Item of business
Subordinate Legislation
Reservoirs (Enforcement etc) (Scotland) Order 2016 [Draft]
I am pleased to still be with the committee to support the committee’s consideration of the draft Reservoirs (Enforcement etc) (Scotland) Order 2016. From 1 April this year, reservoirs in Scotland with a capacity of 25,000m3 or more will be regulated by SEPA under a new regime that is provided for in part 1 of the Reservoirs (Scotland) Act 2011. Under the new regime, SEPA will regulate each reservoir, taking into account the risk that it poses to public safety. In particular, SEPA will be responsible for ensuring that reservoir managers comply with the duties that are imposed on them under the new regime. A number of sections in the 2011 act have already been commenced and regulations have been brought into force that create the detailed framework for implementation of the 2011 act. This order is part of that framework and makes provision for a number of new enforcement measures for SEPA. Those enforcement measures will provide SEPA with a better range of interventions so that it can enforce part 1 of the act effectively and proportionately. The order will give SEPA the power to serve, first, a stop notice to prohibit a reservoir manager from carrying out certain activities until specified steps have been taken; secondly, a restraint notice to ensure that non-compliant acts do not continue or recur; or, lastly, a restoration notice to require steps to be taken to restore the position to what it would have been if previous non-compliant acts had not been committed. Those measures are part of a wider framework of enforcement measures open to SEPA and they will not be used in isolation. By virtue of separate legislation that has been made under the Regulatory Reform (Scotland) Act 2014, SEPA also has the option of imposing monetary penalties or of accepting enforcement undertakings in relation to specified offences under part 1 of the 2011 act. SEPA will also continue to refer significant, persistent and deliberate offending to the Crown Office and Procurator Fiscal Service for consideration of whether to prosecute. SEPA is well aware of the significance of the additional powers and responsibilities that we propose to give it and it is committed to ensuring that the measures are used responsibly. There are safeguards in the order, such as the right of individuals to make written representations and to appeal against enforcement decisions. In particular, SEPA is also required to publish guidance about the use of the powers conferred on it by the order. We do not expect that enforcement measures will be frequently used. They are intended to support prevention and proportionate risk management. I ask the committee to support the instrument.
In the same item of business
The Convener
SNP
Item 4 is subordinate legislation. We welcome once again the Minister for Environment, Climate Change and Land Reform, Dr Aileen McLeod, and Scottish Governm...
Aileen McLeod
SNP
I am pleased to still be with the committee to support the committee’s consideration of the draft Reservoirs (Enforcement etc) (Scotland) Order 2016. From ...
The Convener
SNP
Thank you. Various members wish to respond to that—Michael Russell, first of all.
Michael Russell (Argyll and Bute) (SNP)
SNP
I am very supportive of the legislation and the order, but I want to probe the situation a little with regard to the reservoirs that are affected and the cos...
Aileen McLeod
SNP
Claire Dodd may have the details.
Claire Dodd (Scottish Government)
I do not have the details. The BRIA was carried out for the order. All the reservoirs come under the 1975 act. Not that many changes are being made—a high-ri...
Michael Russell
SNP
I am happy to have a conversation about the matter. I seem to recall that an incident near Johnstone, or somewhere in Renfrewshire, resulted in the discovery...
Aileen McLeod
SNP
I am certainly happy to bear that in mind. Mr Russell makes a number of very good points for us to consider further.
Neil Ritchie
Further to that, I, like Claire Dodd, am not aware of any significant problems, but we are happy to have a discussion with Mr Russell. It would probably be h...
Michael Russell
SNP
There is no point fining people who cannot afford to do the basic maintenance work. That just makes the situation worse. However, I would be grateful for a c...
Graeme Dey
SNP
This is on a point of information. If we accept Mike Russell’s point about the resources that may be available at the smaller reservoirs, it strikes me that ...
Aileen McLeod
SNP
Under the old regime, all the reservoirs with a capacity of 25,000m3 of water or more were regulated in a similar way. Under the new regime, SEPA will assess...
Neil Ritchie
When we introduced the bill that became the Reservoirs (Scotland) Act 2011, we were clear that we were focusing on the existing regulatory regime for reservo...
Graeme Dey
SNP
Do we know roughly how many of the smaller reservoirs currently exist in Scotland?
Neil Ritchie
No, we do not have a firm figure. We did not have a firm figure for the 25,000m3 ones until last year and until the registration process had been undertaken....
Claudia Beamish
Lab
Has there been or is there likely to be any assessment of the relationship between more extreme weather events and these reservoirs? I ask mainly because con...
Aileen McLeod
SNP
I will answer your question in two parts. The 2011 act requires SEPA to “establish and maintain” a public “controlled reservoirs register”, which incl...
The Convener
SNP
We move on to the Croft House Grant (Scotland) Regulations 2016.
The Convener
SNP
As there are no further questions, we will move to item 5, which is to consider motion S4M-15450 and ask the committee to recommend approval of the Reservoir...
The Convener
SNP
I thank the minister and her officials.