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Water use reform law in Scotland: a critical analysis

Clark, B. (2006) Water use reform law in Scotland: a critical analysis. Journal of Environmental Law, 18 (3). pp. 375-406. ISSN 0952-8873

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Abstract

Examines the current position of property rights in respect of running water on or below land in Scotland, highlighting the impact of the new licensing regime under the Water Environment and Water Services (Scotland) Act 2003. Sets out the scope of the proposed licensing regime. Questions whether the introduction of the scheme will raise any human rights concerns relating to private property rights, primarily under the European Convention on Human Rights 1950 Protocol Art.1 and Art.8. Focuses on property rights under the Convention, revocation of licences and positive obligations of public authorities.