The Reservoirs (Scotland) Bill will introduce a new regulation system which is based on the actual level of risk posed by a reservoir as opposed to the current system which is based on capacity.
Cabinet Secretary for Rural Affairs and the Environment Richard Lochhead said: "The likelihood of any reservoir failing is extremely low but the consequences of such an event could be devastating. Where there is a risk, we need to ensure that the reservoirs are structurally sound, monitored and well maintained. I'm pleased that MSPs have put public safety first and backed the introduction of a modern system of risk based management.
"The new guidelines make more sense. It means that there will be less regulation for reservoirs with no communities downstream and more rigorous assessment of reservoirs that are sited close to businesses and communities.
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"Managers of reservoirs holding 10,000 cubic meters or above will have to register with the Scottish Environment Protection Agency and this will lead to a more cohesive approach. It will also mean that SEPA will hold details of all on-going maintenance work.
"This Bill is a vital part of the Scottish Government's efforts to manage the effects of flooding across the country regardless of the source. It fits in well with the steps we're taking through the Flood Risk Management (Scotland) Act and underlines our commitment to making real improvements in this area."
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 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 one 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.
(GK/KMcA)
