Chamber and committees

Appropriate assessment isthe responsibility of the relevant competent authority. There is norequirement, either in the Conservation (Natural Habitats, &c.)Regulations 1994 or in the Habitats Directive (92/43/EEC), to reportthe results of individual assessments to the Executive, the UK Government orthe European Commission.

The publication ofinformation contained in appropriate assessments is covered by the principlesand obligations established by legislation on Access to EnvironmentalInformation and Freedom of Information. Regulation 4 of the EnvironmentalInformation (Scotland) Regulations 2004 requires Scottish public authorities to organise environmentalinformation, such as environmental impact studies and assessments, with a viewto making that information available to the public. A similar obligation isimposed on UK public authorities by regulation 4 of the EnvironmentalInformation Regulations 2004.

Aquatera on behalf ofMelbourne Marine Services sought views from Scottish Natural Heritage (SNH) andSNH has commented on a draft Oil SpillContingency Plan and on proposed changes to Clearwater Forth. SNH has alsocommented on the Environmental Impact Assessment (EIA) produced on behalf ofMelbourne Marine Services by Aquatera.

SNH’s comments on the EIA included the view that therewas insufficient information to ascertain that the proposals would notadversely affect the integrity of the European sites. Since submitting theircomments in December 2005, SNH has been in discussion with Forth Ports to helpclarify the further information which they believe is required for theappropriate assessments of the implications for the three Natura sites, namelythe Firth of Forth SPA, the Forth Islands SPA and the Isle of May SAC.

I understand that Forth Ports are carrying out furtherrevisions to the EIA and are also undertaking appropriate assessments for thethree European sites.

Guidance on implementationof the Birds and Habitats directives, including the carrying out of appropriateassessments and consultation with statutory bodies and the general public, isset out in the Scottish Executive’s June 2000 circular: Nature Conservation:Implementation in Scotland of EC Directives on the Conservation of NaturalHabitats and of Wild Flora and Fauna and the Conservation of Wild Birds (“TheHabitats and Birds Directives”). Supplementary guidance, covering aspectsof the planning system (Assessing Development Plans in Terms of the Need forAppropriate Assessment: Interim Guidance) was issued in May 2006.

Both Regulation 3 andRegulation 48 provide for an appropriate assessment to be carried out and allowfor the opinion of the general public to be obtained. Advice in relation to thecarrying out of an appropriate assessment differs to the extent that Regulation48 explicitly requires the competent authority to consult Scottish NaturalHeritage and enables the opinion of the general public to be obtained, ifappropriate, as part of the appropriate assessment process, whilst Regulation 3invokes Article 6(3) directly, does not refer explicitly to Scottish NaturalHeritage and allows, if appropriate, for the opinion of the public to be soughtprior to any final decision.

Neither Regulation 3 norRegulation 48 require consultation with “other interested parties” inconnection with the conduct of an appropriate assessment.

In its publication TheStrategic Review of Charges 2006-10: The final determination, the Water IndustryCommission for Scotland reported that it may be reasonable for Scottish Water to “narrow50% of the gap between current performance and the economic level of leakage by2010” and it allocated funding for this purpose. Scottish Water hasaccepted this challenge and will be working with the Drinking Water QualityRegulator, Scottish Environment Protection Agency and the Water IndustryCommission for Scotland to deliver this requirement. The Commission intendsto agree initial leakage targets (consistent with its Final Determination) withScottish Water in the near future.

The Executive is preparingprojections of Scottish CO₂ and other greenhouse gas emissions for2010 taking account of the measures in the Scottish and UK climatechange programmes, and these will be available later this year.

On the 28 September 2005, the Scottish Executive issued a Direction to Scottish Water setting out clearly theobjectives Scottish Water must meet in the next regulatory period, 2006-10, andthe objectives Scottish Water should plan and prepare for in the period 2010-14.It is for Scottish Water (or its contacting partners) to design and build the necessarytechnical solutions to meet these requirements, taking into account all materialfactors, including the known impact of climate change.

The Scottish Executive recentlyissued guidance to assist Scottish Water in exercising its sustainable developmentduty under section 51 of the Water Industry (Scotland) Act 2002. The issue ofclimate change is covered under Action 6 of this guidance.

A copy of this guidance is availableon the Scottish Executive website www.scotland.gov.uk

The Scottish Executive will bemaking available £527 million of borrowing to Scottish Water to deliver its coreservices and meet ministers’ objectives for the industry in the period 2006-10.This is in line with the Water Industry Commission for Scotland’s finaldetermination of Charges 2006-10. No further breakdown is available.

The Water Industry Commissionfor Scotland is the sole economic regulator of Scottish Water. The WaterServices etc. (Scotland) Act 2005 provides for the commission to perform this functionindependently of the Executive and under a duty to ensure that Scottish Water hassufficient financial resources to exercise effectively at lowest reasonable overallcost its core functions, including those functions in respect of sustainability,biodiversity and sustainable flood management. In view of these statutory provisions, there is noneed for the Executive to establish separate policies in these respects.

In setting its objectives forScottish Water, the Executive is responsible for taking into accountthe specific environmental requirements of the Water Framework Directive. As the independent economic regulator ofScottish Water, the Water Industry Commission for Scotland is under a duty to ensure that Scottish Water has sufficientfinancial resources to exercise effectively at lowest reasonable overall cost itscore functions. This includes meeting the objectives set for it by the Executive.Therefore, in circumstances where the functions which need to becaught by designation are carried out by the Executive, it was consideredunnecessary for the Commission to be designated as a responsible authority.

The Water Services etc. (Scotland) Act 2005 provides for the WaterIndustry Commission for Scotland to perform its functions as economic regulator of ScottishWater independently of the Executive. Consequently, it is for the Commission todecide how to satisfy its duty to ensure that Scottish Water has sufficient financialresources to exercise effectively at lowest reasonable overall cost its core functions,including its functions in respect of sustainable development under section51 of the Water Industry (Scotland) Act 2002.