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A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By: Michael Fry | Book details

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Page 557
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The Controlled Waters (Lochs and Ponds (Scotland) Order 1990
S.I. 1990 No. 120 (S.12)The Secretary of State, in exercise of the powers conferred on him by section 30A(5)(b) and (6)(b) of the Control of Pollution Act 1974,1 hereby makes the following Order:Citation and commencement1. This Order may be cited as the Controlled Waters (Lochs and Ponds) ( Scotland) Order 1990 and shall come into force on 1st May 1990.Reservoirs to be treated as relevant lochs or ponds2. (1) A reservoir to which this article applies shall be treated for the purposes of Part II of the Control of Pollution Act 19742 as a relevant loch or pond.(2) This article applies to a reservoir--
a. which does not discharge into a relevant river or watercourse or into a relevant loch or pond;3 and
b. which does not contain water treated with a view to complying with regulation 23 of the Water Supply (Water Quality) ( Scotland) Regulations 1990.4

Explanatory Note

(This note is not part of the Regulations)

Part II of the Control of Pollution Act 1974, which makes provision on water quality and control of discharges to water, applies to waters of various classes including waters of certain reservoirs. This Order defines as waters to which Part II applies other reservoirs except those which contain water that has been treated with a view to complying with regulation 23 of the Water Supply (Water Quality) ( Scotland) Regulations 1990 (S.I. 1990/119).

____________________
1
P.19 above.
2
P.18 above.
3
"Relevant river or watercourse" and "relevant loch or pond" are defined in s.30A(4), p.19 above.
4
S.I. 1990/119.

-557-

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