Written Question · S1W-32337 · Session 1
Whether water below the surface of the ground in a peatland is groundwater, as defined in section 3(4) of the Water Environment and Water S…
The question
To ask the Scottish Executive whether water below the surface of the ground in a peatland is groundwater, as defined in section 3(4) of the Water Environment and Water Services (Scotland) Bill, and, if so, why the inclusion of wetlands in the definition of the water environment extends the land area covered by the bill, as referred to by the Deputy Minister for Environment and Rural Development at the Transport and the Environment Committee during the Stage 2 consideration of the bill on 20 November 2002 (Official Report, c 3749).
The answer
All of Scotland is underlaid by groundwater as defined in Section 3(4) of the Water Environment and Water Services (Scotland) Bill. The water below the surface of the ground in a peatland is groundwater as defined by Section 3(4) of the Water Environment and Water Services (Scotland) Bill. However, it may not be a body of water as defined in Section 25(1) which would attract the full protection of the bill. The inclusion of wetlands in the definition of the water environment and in the definition of "body of water" does increase the area of Scotland considered to be a body of water, and therefore afforded the full protection of the bill, including the setting of environmental objectives and establishment of programmes of measures. This obviously constitutes a major extension of the areas to which the full protection of the bill will apply.
In the Official Report
No contribution in the Official Report cites S1W-32337 by reference.