WIREDGOV

MSPs have this evening given their backing to the principles of the Reservoirs (Scotland) Bill following the Stage 1 debate in the Scottish Parliament yesterday.

The proposals update the legislation governing Scotland's reservoirs by offering greater protection for the public along with a reduction in red-tape for owners.

The most significant change is the move away from a capacity-based system (currently only reservoirs greater than 25,000 cubic metres are regulated) to a risk-based approach.

This will result in some previously unregulated but higher risk reservoirs being brought under the regime, and other large reservoirs which do not pose any risk becoming subject to a lower level of regulation;

The Cabinet Secretary for Rural Affairs and the Environment, Richard Lochhead, is proposing the Bill.

He said:

"The likelihood of any reservoir failing is extremely low but we can't leave ourselves open to the potentially devastating consequences of such an event. We had a lucky escape back in 2008 in Renfrewshire when the dam at the Maich Fishery almost failed.

"This was not a regulated reservoir as it held less than 25,000 cubic metres of water. However, the near breach of the dam required the evacuation of properties downstream, the closure of public roads and the activation of emergency works to prevent an uncontrolled release of water. We don't want to repeat that experience.

"We need to make sure that Scotland's reservoirs are structurally sound, properly monitored and well maintained. MSPs have recognised this by supporting these principles today.

"The proposals mean that people living close to reservoirs will be better protected as a result of a new proportionate inspection regime.

"It will also mean that larger reservoirs, with a capacity of 10,000 cubic metres or more, will be registered with the Scottish Environment Protection Agency and categorised according to risk.

"The Bill gives us the best of both worlds. It builds on the measures we've already taken in the Flood Risk Management Act to protect the public from flooding from all sources but also makes sure that reservoir owners are fairly treated through a proportionate system."

The Scottish Government consulted with stakeholders and interested members of the public on its proposals to modernise the reservoir safety regime. The consultation document - "Reservoir Safety in Scotland" was published on January 25, 2010 and the consultation closed on April 18, 2010. A total of 68 responses were received and were generally positive and supportive of the Scottish Government's proposals.

Under the proposed legislation, reservoirs would fall into three categories. SEPA will classify them as being 'High', 'Medium' or 'Low' risk. Those sites deemed to pose a 'High' risk would have a greater level of regulation and control than those deemed to be 'Medium' or 'Low' risk.

The Bill will also see the creation of a new Scottish panel of engineers to supervise and inspect reservoirs in consultation with the Institution of Civil Engineers (ICE).

Panel engineers will have a key role in ensuring public safety, by supervising reservoirs which pose a risk to the public during construction and their operating life, by undertaking regular inspections, completing reports for the enforcement authority and advising on measures to be taken in the interest of safety.

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