This consultation paper seeks comments on proposals for commencement of parts
of the Reservoirs (Scotland) Act 2011 (the 2011 Act) and the first set of proposed
regulations under the Act. These regulations will define a number of terms set out in
the Act and create the framework for the creation of new panels of reservoir
engineers for Scotland in preparation for implementation of the majority of the Act
over the next few years.
A key principle of the 2011 Act is to protect the public by taking a risk based
approach to reservoir safety. The Act puts in place measures which will reduce the
likelihood of a structure failing and places a level of control upon reservoirs which is
proportionate to their assessed level of risk.
Another key pillar of the 2011 Act is making SEPA the regulatory authority for the
Act, replacing the role undertaken by local authorities. By creating a single
regulatory authority, we believe this will streamline the process and provide a
simpler, more consistent, approach to the compliance with the Act.
The 2011 Act will be implemented in a phased approach with reservoirs over 25,000
cubic metres being brought under the new regime first from 2015 onwards, and with
the smaller reservoirs between 10,000 and 25,000 cubic metres being regulated at a