Water Environment and Water Services (Scotland) Act 2003 implementation - assessing Scotland's water environment: policy statement

4. Achievement of Protected Area Objectives

4.1 Overview

The river basin management planning process provides the framework for assessing whether we are achieving our objectives for 'protected areas'. These include areas designated as requiring special protection under various Scottish regulations which implemented EU legislation. The areas include areas protected because they are important for recreational activities, such as bathing; because they support economically important shellfish species; or because they support habitats or species important for biodiversity conservation. Such designations are made by Ministers – current designations can be found under the Register of Protected Areas on Protected areas | Scottish Environment Protection Agency (SEPA)

Specific objectives and standards apply to protected areas. For some protected areas, the standards required to achieve their objectives are derived from the EU legislation which was implemented in the Scottish regulations under which the areas were designated. For others, the standards required have been identified nationally. Information on where we are achieving the objectives and standards for our different protected areas is provided in the river basin management plans.

The process of assessing whether protected area standards and objectives are being achieved is a separate process to water body classification and made specifically in relation to any objectives a water body might have as a protected area. The different types of protected areas and the associated assessment requirements are summarised in the table below.

4.2 Drinking water protected areas

Drinking water protected areas and their objectives were established specifically by the WFD. Consequently, we need to set out how SEPA is expected to assess whether or not the objectives for these areas are being achieved.

Drinking water protected areas are surface water bodies or groundwater bodies with totalled abstractions used or intended to be used for human consumption of greater than 10 cubic metres per day on average, or serving more than 50 people.

Drinking water protected areas have to comply with the requirements which derive from Article 7 of the WFD. Such areas will fail to meet these requirements if deterioration in their quality has compromised any supply or combination of supplies providing 10 cubic metres per day on average, or serving more than 50 people. In making that assessment SEPA will take into account the drinking water quality standards set out in the Public Water Supply (Water Quality) (Scotland) Regulations 2014.

A supply for human consumption would be compromised if, for example, an alternative source had to be used; the water blended with that from another source; additional treatment installed; or the operating demands placed on the existing water treatment system significantly increased. Deterioration of the microbiological or chemical quality of a drinking water protected area may be responsible for a supply being compromised.

The status of a body of groundwater that is also a drinking water protected area cannot be classed as good unless the body is achieving its drinking water protected area objective.

These matters are set out in the 2024 Status Directions.