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factors influencing a polluter’s willingness to change behaviour and practices. There
was no doubt that prior to the recent reform of the Common Agricultural Policy,
when the farm payments system drove farmers to ever more intensive practices, it
would have taken a hugely expensive regulatory and educational effort to counter
that economic driver and prevent the environmental impacts of agriculture.
Figure 1: Minimizing regulation (Campbell et al., 2004)
It is hoped that the scenario presented in Figure 1B is now more applicable, with
economic support now more aligned with the environmental drivers, allowing the
adoption of a lighter touch for regulation.
Managing diffuse pollution under the provisions of the WEWS Act 2003 and
regulations in CAR 2005
There is considerable scope for controlling pollution from diffuse sources under
these statutes. Enforcement is predicated on the identified activity having an
individually significant impact, at the scale of individuals undertaking the activity.
At first sight that seems to rule out most of the significant diffuse source loads in
a rural catchment, but it does allow for intervention in relation to diffuse pollution
hotspots. Thus in circumstances where evidence of environmental impacts upstream
and downstream of an activity can be collected, then there is an evidential basis for
enforcement action, just as there would have been under COPA (1974 Control of
Pollution Act). SEPA will also be able to serve notices to require corrective measures
in such circumstances. This sort of regulatory control would apply to incidents where
pollution is caused and a particular farm and farmer can be held responsible. The
CAR 2005 provisions allow for the prevention of further such pollution, by embodying
the necessary prevention conditions in a registration or licence. Example scenarios
are given below.
The CAR offence provisions are set out in regulation 40 and, for example in relation to
pollution incidents (diffuse pollution hotspots), provisions covering powers to serve
notices and undertake work and recover costs, are set out in regulations 28, 29 and
31.
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