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

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The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990

S.I. 1990 No. 126 (S.15)

The Secretary of State, in exercise of the powers conferred on him by section 30B of the Control of Pollution Act 19741 and by section 2(2) of the European Communities Act 1972,2 being the Minister designated3 for the purposes of that subsection in relation to the prevention, reduction and elimination of pollution of water, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, extent and interpretation

1. (1) These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) ( Scotland) Regulations 1990, shall come into force on 27th February 1990 and shall extend to Scotland only.

(2) In these Regulations "the Act" means the Control of Pollution Act 1974 and references to inland waters and relevant territorial waters include, respectively, references to waters which are, by virtue of an order made under section 30A(5) of the Act,4 to be treated as a relevant loch or pond and to waters which are, by virtue of such an order, to be treated as relevant territorial waters.5

Classification of waters

2. (1) A system employing the classification DS1 is prescribed as a system of classification applying to inland waters.

(2) A system employing the classification DS2 is prescribed as a system of classification applying to coastal waters6 and relevant territorial waters.

3. (1) The criterion for classification DS1 is that the annual mean concentrations of the substances listed in column (1) of Schedule I hereto do not exceed the concentrations specified in column (2) of that Schedule.

(2) The criterion for classification DS2 is that the annual mean concentrations of the substances listed in column (1) of Schedule 2 hereto do not exceed the concentrations specified in column (2) of that Schedule.

Modification of section 30C of the Control of Pollution Act 1974

4. Section 30C(4) and (5) of the Act7 shall not apply to the initial establishment of water quality objectives so far as they involve the specification of a classification prescribed by these Regulations.

____________________
1
P.19 above.
2
1972 c.68.
3
S.I. 1989/2393.
4
P.19 above; see the Controlled Waters (Lochs and Ponds) ( Scotland) Order 1990, S.I. 1990/120, p.557 above.
5
"Inland waters", "relevant territorial waters" and "relevant loch or pond" are defined in s.30A, p.18 above.
6
"Coastal waters" defined in s.30A(1)(b), p.18 above.
7
P.20 above.

-560-

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