Part I CRITERIA FOR IDENTIFICATION OF SENSITIVE AREASI1

Scotland

A water body must be identified as a sensitive area if it falls into one of the following groups:–

(a)

natural freshwater lochs, other freshwater bodies, estuaries and coastal waters which are found to be eutrophic or which in the near future may become eutrophic if protective action is not taken.

The following elements might be taken into account when considering which nutrient should be reduced by further treatment:–

(i)

lochs and streams reaching lochs/reservoirs/closed bays which are found to have a poor water exchange, whereby accumulation may take place. In these areas, the removal of phosphorus should be included unless it can be demonstrated that the removal will have no effect on the level of eutrophication. Where discharges from large agglomerations are made, the removal of nitrogen may also be considered;

(ii)

estuaries, bays and other coastal waters which are found to have a poor water exchange, or which receive large quantities of nutrients. Discharges from small agglomerations are usually of minor importance in those areas, but for large agglomerations, the removal of phosphorus and/or nitrogen should be included unless it can be demonstrated that the removal will have no effect on the level of eutrophication;

(b)

surface freshwaters intended for the abstraction of drinking water which could contain more than F150 mg/l of nitrates in 95% of the samples if action is not taken;

(c)

areas where further treatment than secondary or equivalent treatment is necessary to fulfil F2F3assimilated law.

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 1(b) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 7(8)
F2: Words in Sch. 1 Pt. 1(c) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 6(5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in Sch. 1 Pt. 1(c) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 1(3)

Commencement

I1: Sch. 1 Pt. I in force at 30.11.1994, see reg. 1