- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Tuesday, 25 April 2006
-
Current Status:
Answered by Rhona Brankin on 9 May 2006
To ask the Scottish Executive what steps it has taken to ensure that Scottish Water makes provision for the impact of climate change in its investment programme, Quality and Standards III.
Answer
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
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Tuesday, 25 April 2006
-
Current Status:
Answered by Rhona Brankin on 9 May 2006
To ask the Scottish Executive what policies it has to ensure that the economic regulators for Scottish Water take into consideration Scottish Water’s duty in respect of sustainability, biodiversity and sustainable flood management when costing Scottish Water’s investment programme, Quality and Standards III.
Answer
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.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Tuesday, 25 April 2006
-
Current Status:
Answered by Rhona Brankin on 9 May 2006
To ask the Scottish Executive what guidance or principles of sustainable development were used by the Water Industry Commission for Scotland when costing Scottish Water’s investment plan, Quality and Standards III.
Answer
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.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Tuesday, 25 April 2006
-
Current Status:
Answered by Rhona Brankin on 9 May 2006
To ask the Scottish Executive what resources it has made available to Scottish Water to ensure that, in its operations, Scottish Water adapts to the impact of climate change and fulfils the actions outlined in Changing Our Ways: Scotland’s Climate Change Programme.
Answer
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.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Tuesday, 25 April 2006
-
Current Status:
Answered by Rhona Brankin on 9 May 2006
To ask the Scottish Executive what the reasons were for it not designating the Water Industry Commission for Scotland as a responsible authority under section 2 of the Water Environment and Water Services (Scotland) Act 2003.
Answer
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.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Wednesday, 19 April 2006
-
Current Status:
Answered by Tavish Scott on 2 May 2006
To ask the Scottish Executive whether any aspect of proposed ship-to-ship transfers of oil in the Firth of Forth constitutes works within a harbour area which may obstruct or endanger navigation, listed in Schedule 5 of the Scotland Act 1998 as an exception from the reservation in respect of marine transport matters.
Answer
As a general rule, works whichmay cause or are likely to result in an obstruction or danger to navigation, requireto be assessed under the terms of Section 34 of the Coast Protection Act 1949, whichis devolved. However, decisions in relation to the regulation of ship-to-ship transfersare a matter reserved to the UK Government. It would then fall to the port authorityto regulate any specific oil transfer operations in its area.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Wednesday, 19 April 2006
-
Current Status:
Answered by Rhona Brankin on 2 May 2006
To ask the Scottish Executive whether any aspect of the proposed ship-to-ship oil transfers in the Firth of Forth constitutes surface storage of fossil fuels.
Answer
No.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Monday, 27 March 2006
-
Current Status:
Answered by Rhona Brankin on 26 April 2006
To ask the Scottish Executive by what process regulation 49 of the Conservation (Natural Habitats, &c.) Regulations 1994, as amended, is applied in harbour authority areas in Scotland in respect of ship-to-ship transfers of oil and other chemicals which are likely to have an adverse effect on the integrity of a European wildlife site and whether this process meets the requirements of the EU Habitats Directive.
Answer
I refer the member to the answer to question S2W 24710 on 26 April 2006. All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Monday, 27 March 2006
-
Current Status:
Answered by Rhona Brankin on 26 April 2006
To ask the Scottish Executive how the authorities in Scotland exercise their responsibilities under the EU Habitats Directive in respect of (a) the assessment of plans or projects likely to have an effect on European wildlife sites and (b) the consideration of alternative solutions and of imperative reasons of over-riding public interest relating to plans or projects assessed as likely to have an adverse impact on the integrity of European wildlife sites, in instances when a plan or project is of a type not specified by regulations 53A to 85 of the Conservation (Natural Habitats, &c.) Regulations 1994, as amended.
Answer
I refer the member to the answer to question S2W 24710 on 26 April 2006. All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
-
Date lodged: Monday, 27 March 2006
-
Current Status:
Answered by Rhona Brankin on 26 April 2006
To ask the Scottish Executive by what process regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994, as amended, is applied to assess the implications for European wildlife sites of ship-to-ship transfers of oil and other chemicals in (a) harbour authority areas in Scotland, (b) other inshore waters and (c) offshore waters and whether this process meets the requirements of the EU Habitats Directive.
Answer
The merchant shipping legislationrelating to ship to ship transfers of oil and other chemicals is not specificallycovered by Part IV of the Conservation (Natural Habitats & c.) Regulations 1994and as such Regulation 48 and 49 of the Conservation (Natural Habitats & c.)Regulations 1994 do not apply as a matter of law to such proposals. However, Regulation3(4) of the Conservation (Natural Habitats & c.) Regulations 1994 requires everycompetent authority in the exercise of their functions, to have regard to the requirementsof the Habitats Directive so far as they may be affected by the exercise of thosefunctions. Regulation 48 and 49 transpose the requirements of Article 6(3) and 6(4)into domestic law.
Where a European Protected species(EPS) is present and the project is likely to cause any effects which would constitutean offence under Regulations 39 or 43, the promoter of the project requires a licenceunder Regulation 44, which will only be granted if the three tests in that Regulationare met. These tests apply whether the EPS is within or outside a European site.
