Water resource protection in Scotland under the Water Framework Directive

This paper examines, from a legal perspective, the experience in Scotland, a recently devolved administration, in implementing the EC Water Framework Directive, which requires river basin planning, abstraction controls and full cost recovery by water charges. This complex process is being led by the environmental regulator, which has been proactive in driving forward both implementation of the Directive and also a systematic review and reform of laws relating to the management and use of water resources. The Directive requires the active participation of at least some stakeholder groups, but these groups will also be affected by the new charges, which may affect their positive engagement. The paper will also draw on comparative examples, especially from South Africa, where a very different context nonetheless presents some similar issues.