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Publication - Consultation paper

Environmental Authorisations (Scotland) Regulations 2018 draft - proposed amendments: consultation

Published
15 December 2023
Directorate
Environment and Forestry Directorate
Part of
Energy, Environment and climate change, Farming and rural
ISBN
9781835217320

This consultation sets out proposals for incorporating SEPA’s four main regulatory regimes into an integrated environmental authorisation framework as part of Scottish Government and SEPA’s joint Better Environmental Regulation Programme.

View supporting documents Supporting documents

Annex D Other Minor Amendments

The table below captures the minor amendments required by brining radioactive substances, water, waste, and industrial emission activities into a single regime.

Common framework: Minor changes relevant to all activities
Draft Regulation Proposed change Reason for change
Regulation 5 amending regulation 3 in the 2018 Regulations New paragraph (4) has been added “(4) where a person carries on an activity which meets the definitions of more than one of the regulated activities specified in paragraph (1)(a) – (f), that person carries on each of those regulated activities.” Clarification that where a particular activity falls within the scope of more than one schedule the specific requirements of all the relevant schedules apply to that activity.
Regulation 9 amending regulation 9 in the 2018 regulations For the avoidance of doubt clarification has been added that resources includes energy and water. Clarification.
Regulation 10 amending regulation 22(3) in the 2018 Regulations “or varying” has been added. Clarification that SEPA may include any conditions it thinks fit when varying as well as granting a permit.
Regulation 11 amending regulation 24 in the 2018 Regulations. That where SEPA carries out a review under Regulation 24, any fee payable under a charging scheme for that review is payable by the authorised person has been added. For the avoidance of doubt that SEPA may recover it costs for carrying out a review of a permit.
Regulation 15 amending regulation 33 in the 2018 Regulations. That SEPA may include such conditions as it thinks fit in any standard conditions has been added. SEPA has wide discretion to both determine and impose conditions. This is clear for permits (Regulation 22(3)) but isn’t as clear for registrations as they only include standard conditions. The change is to clarify that this wide discretion applies to the determination standard conditions, and therefore the conditions imposed in registrations.
Regulation 16 amending regulation 38 in the 2018 Regulations (a) “unless otherwise specified in relation to a particular entry.” has been added. To reflect that technical schedules may specify that particular information to be placed on the register must be available in a particular format, for example, electronically.
(b) provision has been added so that that information as to any permit or registration and any conditions of those permits or registrations is in the absence of evidence to the contrary, prima facie evidence of those permits and registrations and associated conditions and may be admitted into evidence in any court proceedings under the 2018 Regulations without need of any further proof. It is important that there is certainty over which permits are in force and what the conditions of those permits are, for SEPA, from a compliance and permitting perspective, for authorised persons so they understand their environmental responsibilities, and for stakeholders so that they can hold both SEPA and authorised persons to account. This provision provides greater certainty for SEPA, authorised persons and other stakeholders and will assist in the enforcement of the Regulations by making information from the register with respect to permits and registrations and their associated conditions admissible in proceedings under the Regulations without need for further proof unless there is evidence to the contrary. This will avoid the need for unnecessary evidence being required to be given in relation to what should be uncontroversial evidence.
Regulation 51 amending regulation 51(2) in the 2018 Regulations. Sub-paragraph (a) “or to whom the duty to comply with the notice has transferred as a result of regulation 28(2)”, has been added. Clarification that cost recovery notices can be served on a person to whom the duty to comply with a regulatory notice, surrender notice or revocation notice is transferred, not only the person on whom it was served or would have been served.
Sub-paragraph (b) “or to whom the duty to comply with the notice has transferred as a result of regulation 29(5)”, has been added.
Sub-paragraph (d) “was served” to the end, has been replaced by “or the person to whom a duty to comply with that notice has transferred under regulation 28(2) or 29(5) or the person who would have been served [with the regulatory notice, surrender notice or revocation notice].”
Regulation 19 amending regulation 54 in the 2018 regulations. Regulation 54(2) has been amended by adding the following wording: “or, where sub-paragraph 2A applies, by being sent to the person using electronic communication” added to paragraph 2. Sub-paragraphs 2A and (5) have been added as follows: (2A) This sub-paragraph applies where, before the notice is served, SEPA and the person upon whom it is to be served agree in writing that the notice may be sent to the person by being transmitted to an agreed electronic address, and in an agreed electronic form. “(5) Where a document is served as mentioned in sub-paragraph (2) to a postal address in the United Kingdom or by electronic communication to an electronic address it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.” These amendments allow SEPA to serve notices electronically where agreed upon by SEPA and the person to be served with the notice.
Regulation 20(a) amending regulation 55(1)(e) in the 2018 Regulations. “or has been treated as having notified an activity” has been added. Clarification of wording so that it is clearthat a person can appeal against a notification under Regulation 60 or 61 that has been deemed to exist by SEPA as is the case for a permit or registration – as notifications are not “granted” by SEPA.
Regulation 21 amending regulation 57(2) of the 2018 Regulations. Adds a new sub-paragraph (g): an off-site condition under regulation 22(3)(b) by a person whose consent is required in order for the authorised person to comply with it, the appealed condition does not take effect until the day following the day on which— (i) the appeal is withdrawn, or (ii) the appeal is finally determined and the condition is affirmed.” has been added. Clarification that an offsite condition does not take effect until after conclusion of an appeal against it by a person whose consent is needed in order for the authorised person to comply with the off-site condition.
Regulation 23 amending regulation 60 of the 2018 Regulations. New Paragraph (5) has been added: “(5) Where SEPA treats an activity in accordance with paragraph (1), the person or persons it considers to be in control of the carrying on of the activity are to be treated for the purposes of these Regulations as— (a) in relation to a permit or registration, the applicant, (b) in relation to a notification, the person who has made an notification in accordance with regulation 12(3).” This clarifies that when SEPA elects to treat an unauthorised activity as one which has been notified, or one in respect of which an application for permit or registration has been made, the person carrying on the activity is to be treated as either the applicant or the person who has made the notification for the purpose of the Regulations; this will mean, for example, that the person carrying on the activity, may be served with a notice requiring further necessary information in order to determine a deemed application for permit in accordance with paragraph 6 of schedule 1.
Regulation 24 amending regulation 62 of the 2018 Regulations. Wording added as follows: to paragraph (3): “or to whom the notice or the duty to comply with the notice has transferred” has been added. These provisions all clarify that where a regulatory, surrender or revocation notice under the Regulations is served upon a person and SEPA takes action in relation to that notice, which requires further notice of a kind specified in this regulation, the notice may be served on the person to whom the notice or the duty to comply with that notice has transferred.
to paragraph (4)(b): “or to whom the duty to comply with a regulatory notice has transferred” has been added.
to paragraph (5)(b): “or upon whom the duty to comply with a surrender notice has transferred” has been added.
to paragraph (5), new sub-paragraph (c): “SEPA served a revocation notice, or to whom a revocation notice has transferred” has been added.
Regulation 25 adding Regulation 62A to the 2018 Regulations. Adds a new regulation 62A: SEPA may carry out any examination and investigation it considers necessary to allow it to make a determination is respect of an application for an authorisation” has been added. Clarification that SEPA may carry out any examination and investigation it considers necessary to allow it to make a determination is respect of an application for an authorisation.
Regulation 26 amending regulation 63(6) in the 2018 Regulations. “in so far as it is practicable to do so” has been removed. Clarification that when SEPA grants an accelerated application, it must notify the authorised person of the activity authorised, any conditions or standard conditions, the date the authorisation takes effect and the authorised place. .
Regulation 27 amending regulation 64 in the 2018 Regulations. “Where SEPA initiates and carries out a consolidation under regulation 64, any fee payable under a charging scheme for that consolidation is payable by the authorised person.” has been added as new sub-paragraph (9A). For the avoidance of doubt that SEPA may recover it costs for carrying out a consolidation of a permit.
Regulation 30 amending schedule 1 of the 2018 Regulations
(a) New paragraph 1A Adding a new paragraph 1A to provide that: Pre-application community engagement 1A.—(1) SEPA may require any person who intends to apply for a permit or a variation to an existing permit to consult with members of the public who are likely to be affected by the proposed activity or variation, (2) SEPA may require that person to take such steps as SEPA considers appropriate. Extends the public consultation requirements under the 2018 Regulations to include pre-application consultation where considered appropriate by SEPA.
(b) paragraph 2 Adding new sub-paragraph (d): “any information relating to pre-application engagement required by SEPA under paragraph 1A.” Makes it clear that SEPA may decline to an application in terms of paragraph 2(2) where the applicant has failed to carry out community engagement or take such steps as required by SEPA in that regard.
(c) paragraph 7(3)(b) “has the potential” has been replaced by “is likely”. Almost any regulated activity has the potential to cause significant environmental harm if it is not subject to the appropriate controls and we consider it to be disproportionate to require public consultation for all activities regulated by the 2018 Regulations. This amendment is similar to the current in the Water Environment (Controlled Activities) (Scotland) Regulations that public consultation must take place where the activity is likely to cause significant environmental harm. SEPA retains the discretion to require public consultation in respect of any permit application or variation under sub-paragraph (c).
paragraph 7(3)(c) “having regard to the public participation statement” has been added. This amendment makes it clear that in determining that there should be public consultation in respect of a particular permit application, variation or surrender SEPA is to have regard to its public participation statement.
(d) , paragraph 8(1) New sub-paragraph (e) has been added: “ (e) the times and places where, or the means by which, public consultees may access copies of the application, proposed SEPA initiated variation and any other relevant information required to be publicised as a result of the technical schedules is made known to public consultees.” Clarification that where public consultation requirements apply, SEPA must ensure that this information is made available. .
(e) , paragraph 13 “(3) Where SEPA issues a SEPA initiated variation notice under regulation 25, any fee payable under a charging scheme for the variation is payable by the authorised person.” has been added. Clarifies, for the avoidance of doubt that SEPA may recover it costs for carrying out a SEPA initiated variation of a permit.
(f) , paragraph 14(3) “on the date specified in the notice and” has been deleted. Correction to reflect that under paragraph 15 an authorisation ceases to have effect on either the date specified in the notice or the date SEPA confirms to the authorised person in writing that any required steps have been completed to its satisfaction.
(g) , paragraph 15 (i) sub-paragraph (1)(a)(v) “which adversely affect” has been replaced by “or otherwise preserve” Clarification that a surrender notice can require removal of equipment, plant, articles, waste or substances whether or not they adversely affect amenity, and SEPA can require other steps to be taken to preserve amenity.
(ii) sub-paragraph (1)(b)(i) & (ii) “in whole or in part” has been added in both provisions after “effect”. Clarification that these provisions apply to full or partial surrender.
, (h) paragraph 16 “(3) SEPA may impose an off-site condition in a revocation notice.” has been added. Clarification that SEPA may include off-site conditions in revocation notices.
(o) new paragraph 25 Provision has been added to provide that Scottish Ministers may delegate the functions in connection with applications and SEPA initiated variations which Scottish Ministers have directed SEPA be referred to them for determination under paragraph 19. This enables Scottish Ministers to delegate functions in relation to called-in applications and variations as is the case for appeals and means that the Scottish Ministers may appoint a person to exercise these functions on their behalf and refer a matter to a person for this purpose.
Regulation 31 amending s, sub-paragraph 3(2)(b) & 3(3)(b) of schedule 2 of the 2018 Regulations. “or the person upon whom a notice imposing an off-site condition was served” has been added to both provisions. Clarification that off-site conditions can be included in notices as well as permits.
Regulation 32 amending schedule 3 of the 2018 Regulations.
(a)(i) New entry 7A to Table 1(Information to be included in the register): Any notice given by SEPA to an applicant under paragraph 6 of Schedule 1, and where applicable, any information provided in response to such a notice. Applications for permits, registrations, variations to permits and registrations, and applications for transfer or surrender of permits and registrations are already required to be included in the register. This This change makes it clear that any additional information provided separately to SEPA in response to a notice under paragraph 6 of Schedule 1 must also be included in the register.
(a)(iii) , entry 38 “inspection report” has been replaced with “programme of inspections (as defined in schedule 8)”. To reflect the requirements of Article 104(4) of the Basic Safety Standards Directive, which does not require a summary of the inspection report but instead requires a summary of the main findings from the programme of inspections.
Regulation 33(a) amending paragraph 4 of schedule 4 of the 2018 Regulations. (a)(iii)(aa) “another person” has replaced the words “authorised person”. (a)(iii)(bb)“a notice or permit” has replaced the words “an authorisation”. (a)(iii)(dd) “the date that a copy of the notice or permit is given to that person under paragraph 4” has replaced “the date of the notice given to that person under paragraph 3” Clarifications to reflect that off-site conditions may be included in notices as well as permits, and as a result, compliance with off-site conditions may be required by persons other than just the authorised person. Also amends the start date for the appeal period to the date upon which any person who it appears may need to grant rights to the authorised person in order to enable compliance is notified of the proposed condition.
Minor changes relevant to radioactive substances activities.
Draft Regulation Proposed change Reason for change
Regulation 34 amending schedule 8 of the 2018 Regulations
(b) Paragraph 2 Paragraphs 2(d) and (e) have been removed. These exclusions are no longer needed in the integrated regime as waste and PPC authorisations will now be addressed by the 2018 Regulations.
(d), paragraph 4 The definitions for: ““high-activity sealed source” and ““sealed source” have been moved from paragraph 5 to paragraph 4. Paragraph 5 applies to the regulations as a whole, whereas paragraph 4 only applies to Schedule 8 and 9. The definitions of “high-activity sealed source” and “sealed source” are only used in Schedule 8 and 9.
(g) , paragraph 14(2)(b) “arising from the operation of that nuclear site”, has been added. Clarification that the requirement for a permit in paragraph 14 applies to the management of radioactive waste on a nuclear site arising from the operation of that nuclear site, but does not include other radioactive waste, for example, waste smoke alarms which may be addressed by a different form of authorisation.
(h) paragraph 18(3) “high-activity sealed source” has been replaced by “sealed source in IAEA Categories 1 to 4”. This clarifies that the exclusion in sub-paragraph (3) should apply to all sealed sources in IAEA Categories 1 to 4, not just high activity sealed sources, consistent with the wording paragraph 18(2) of schedule 8. .
(i) paragraph 19 “(JOPIIRR) insofar as the JOPIIRR apply to the activity, or (b) it is an existing class or type of practice.” has been added. To clarify that an existing class or type of practice can be authorised in addition to those ‘found to be justified’. Paragraph 19 of schedule 8 of the 2018 Regulations requires that SEPA refuse an application unless the activity is found to be justified under Justification of Practices Involving Ionising Radiation Regulations (JOPIIR) but JOPIIR (regulation 2) only applies to activities to the extent that the Basic Safety Standards Directive applies to them. This amendment to makes provision for circumstances when the JOPIIR does not apply, e.g. receipt of radioactive waste from defence activities.
Regulation 35 amending schedule 9 of the 2018 Regulations
(f) Activity 7 Rule (f) the maximum amount of uranium or thorium that can be held on a premises at any time is 5 kilograms.” has been added. The limit replicates what was in the Radioactive Substances Exemption (Scotland) Order 2011 and corrects an omission in the 2018 Regulations.
(g) Activity 8 Rule (b)(ii) has been replaced in its entirety by “disposed into a relevant sewer, or the sea (except for any part of the sea that is part of the water environment)”. This is a change required to reflect that as a result of the draft regulations, the 2018 Regulations will now be an integrated regime so that disposal will have also have to take into account of the impacts to the water environment. Currently, discharges to river or sea within coastal waters should have a licence under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and any specific requirements relating to radioactive substances will now need to be integrated with those requirements.
New rule (i): “the maximum amount of a radioactive material that can be held on a premises at any time is 1 x 109 becquerels of Tc-99m and 2 x 108 becquerels of all other radionuclides, no more than 1 x 108 becquerels is radioactive material” has been added. Corrects an omission to the 2018 Regulations in which the maximum amount a person is entitled to hold was missing.
(i) , Activity 11 Rule (e) has been replaced by “(e) an aqueous liquid radioactive substance must only be disposed of into a relevant sewer or the sea (except for any part of the sea that is part of the water environment),”. This change relies on the same reasoning as for Activity 8, rule (b)(i).
Rule (i) “the total activity of radioactive waste disposed of in normal refuse in a year must not exceed— (i) 2 x 109 becquerels for tritium or C-14, (ii) 2 x 108 becquerels for any other radionuclide”, has been added. The limit replicates what was in the Radioactive Substances Exemption (Scotland) Order 2011 and corrects an omission to the 2018 Regulations.
Minor changes relevant to water activities.
Draft Regulation Proposed change Reason for change
Regulation 4 (1)(e) amending regulation 2(1) of the 2018 regulations and regulation 36 amending regulation 2(1) of, and inserting new regulation 24A to the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013 A new definition of “groundwater hazardous substances” replaces the existing “hazardous substances” definition. These definitions differ in name only. . This definition is relevant to the water environment and is required to differentiate between different types of hazardous substances in an integrated regime.
Minor changes relevant to industrial activities currently regulated by the PPC regulations
Draft Regulation Proposed change Reason for change
Paragraph 11(2) of new schedule 19 inserted into the 2018 regulations by schedule 10 of the draft regulations “SEPA may impose authorisation conditions requiring that decarbonisation measures are implemented” has been added in relation to greenhouse gas emissions. Clarification that whilst SEPA may not set an emission limit value for greenhouse gases for installations that have a greenhouse gas emissions permit under the Greenhouse Gas Emissions Trading Scheme Order 2020, it can set conditions requiring that decarbonisation measures are implemented.
Schedule 11 inserting new schedule 20 into the 2018 regulations:
Paragraph 3(b) “the relevant BAT applicable to an activity is as determined by SEPA,” Clarification that it is SEPA that determines the applicable BAT for a particular regulated activity.
Paragraph 3(i)(ii) Provides that where achieving an environmental quality standard requires stricter conditions than those achievable by the use of best available techniques, SEPA must include additional measures in the permit and “(ii) may take into account other measures, outwith the permit conditions that may be taken meet an environmental quality standard.” Clarification that when setting conditions for a particular regulated activity SEPA may take account of other measures to improve air quality that are not addressed by way of permit conditions. Air quality can be affected by multiple sources and improvements being made by another regulated activity or to reduce the impact of road traffic emissions will also contribute to improving air quality.
Paragraph 7(1)(g) An application is required to include “a description of the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation” ; this differs from the current wording in the equivalent provision of PPC regulations which also includes “or render harmless”. This aligns with the current wording in the Industrial Emissions Directive (IED) and does not prevent SEPA for requiring the information as to rendering emissions harmless be included in an application for a schedule 20 activity given the combined effect of paragraph 2(1)(c) of schedule 1 and regulation 9 of the 2018 Regulations.
Paragraph 7(4)(c) Adds a requirement in head (c) that where an applicant includes the information referred to in sub-paragraph (a) in or attached to the application, the applicant must specify which requirement is addressed by that information and where the information can be located.” . It can be difficult and time consuming for SEPA to extract relevant information from information attached to an application that was originally produced in response to other legislation. This provision requires the applicant to specify which requirement is addressed by that information and where the information can be located to make it easier for SEPA to find.
Paragraph 9(10) Adds a definition for ““equivalent level of protection” means achieving the equivalent percent reduction in concentration of each relevant pollutant, whilst ignoring any dilution from other wastewater streams, that would be achieved through applying the emission limits associated with best available techniques” “equivalent level of protection” was not defined in the PPC regulations and this has caused confusion.
Paragraph 13 The requirement for SEPA to provide for the frequency of inspections has been moved from being a part of the inspection plan to being a requirement to regularly draw up programmes for environmental inspections, including the frequency of site visits for different types of installations. This is a simplification of requirements and aligns more closely with the requirements of the IED.
Paragraph 15 The requirement for SEPA to acknowledge receipt of a notification of a proposed change in operation has not been carried over from the PPC regulations. This continues to align with the IED requirement that SEPA be notified of any proposed change in operation, but removes an unnecessary step and makes it clearer that it is the responsibility of the authorised person to determine whether a permit variation is required in advance of making the proposed change.
Schedule 26, Paragraph 3 of new schedule 26 inserted into the 2018 regulations by schedule 17 of the draft Regulations. Provides that “SEPA may when carrying out a relevant function related to other emissions activities have regard to any applicable Scottish, UK or EU guidance on the best available techniques for preventing, or where that is not practicable, reducing emissions from an activity when taking into account the general aims in accordance with regulation 9 of the Regulations.” . We consulted in 2017 on replacing “Best Available Techniques” (BAT) for activities outwith the scope of the IED with a set of “universal outcomes”, and this is provided for by Regulation 9 of the 2018 Regulations. Since that time, and partly as a result of the UK’s exit from the EU, there have been significant changes in how BAT guidance is produced in the UK and SEPA plays a role in the development of that guidance. This provision has been included to supplement the general aims in regulation 9 of the 2018 Regulations to make it clear that SEPA may take account of guidance on BAT in setting conditions for other emissions activities.
Minor changes relevant to waste activities
Draft Regulation Proposed change Reason for change
Schedule 2 inserting new schedule 11 to the 2018 Regulations:
The ‘relevant objectives’ from Schedule 4 to the Waste Management Licensing Regulations 2011 are not included and have been replaced with the reference to general aims in in regulation 9 of the 2018 regulations. This has the same effect as the relevant objectives in practice but ensures alignment across regimes to create an integrated approach.
Paragraph 4 The duty on SEPA to take account of the waste hierarchy is limited to the functions of setting conditions in permits and determining and revising standard conditions which apply to registrations. This reflects that consideration of the waste hierarchy at the systemic level, and in the context of strategic network of facilities is better taken at the planning stage, rather than in relation to the regulation of individual waste activities.
Paragraph 5 The minimum inspection frequencies in the Waste Management Licensing Regulations 2011 have not been included in the draft regulations and have been replaced by duty on SEPA to carry out appropriate periodic inspections in relation to waste management activities. This allows for decisions on inspection frequencies to be taken at the operational level by SEPA and allows for a flexibility of approach.
Schedule 5 inserting new schedule 14 into the 2018 Regulations. Requirements in relation to the management of separately collected recyclable waste have been added so that SEPA must ensure that authorisations for operating a materials facility contain conditions sufficient to require compliance with the Materials Recovery Code. A ”materials facility” includes a materials recovery facility which maintains its current definition, but also includes first points of consolidation and transfer stations which handle dry recyclable waste. These obligations on material recovery facilities are currently included in the WML regulations and PPC regulations and will be amended in due course to make similar changes in relation to these other facilities. These changes are necessary to give effect to the Extended Producer Responsibility (EPR) regime for packaging which requires that sampling be undertaken by a broader range of facilities. These changes have been separately consulted upon on a UK-wide basis and are not being considered in this consultation.
Paragraph 3(3) of schedule 7 inserting new schedule 16, into the 2018 Regulations The definition of BATRRT (best available treatment, recovery and recycling techniques) for WEEE which referenced the 2006 joint-UK guidance has been omitted and provision has been included that SEPA may have regard to any applicable Scottish, UK or EU guidance relating to the best available treatment, recovery and recycling techniques (BATRRT) for WEEE. The 2006 guidance is now out of date; this provision will instead allow for reliance on up to date guidance in relation to BATRRT for WEEE.
Minor changes relevant to water activities – Regulation 35 amending schedule 9 of the 2018 Regulations - Chapter 2 Water -General Binding Rules (GBR)
Draft Regulation Proposed change Reason for change
GBR 2, new Rule (c) Added a new rule (c): “ the activity must not be located within 50 metres of any existing well, spring or borehole used for a water supply.” New rule to control potential impacts on any nearby abstractions for water supply. Consistency with other GBR’s.
GBR 3, Rule (a) Amendment to rule (a): Rephrasing and replacing “pollutants “ with “substances or heat to the water environment that may give rise to harm to the water environment” Added a new rule (a) (ii) (cc): “(cc) prevent the flow of water between two hydro-geologically separate aquifers” Rephrasing the rule to make clearer to the reader Replacing the word “avoid” with “ “prevent” to make clear that introduction of such substances in (a) (ii) (aa) should be prevented not merely avoided. Replacing word pollutants in (a) (ii) (aa) with “substances or heat to the water environment that may give rise to harm to the water environment”. Changes are being made to replace the terms “pollution” and “pollutants” in all relevant GBRs, as definitions for these do not feature in the proposed amended Regulations. Added in a new part (a) (ii) (cc) to prevent a reduction in the flow in nearby existing abstractions due to mixing between two hydro geologically separate aquifer units.
GBR 3, Rule 3(b) Amendment to rule 3(b): Remove word “pollution of” replace with “harm to” Amendment to rule(b) Changes are being made to replace the terms “pollution” and “pollutants” in all relevant GBRs, as definitions for these do not feature in the proposed amended Regulations.
GBR 3, Rule (d) Amendment to rule (d): replacing “pollutants” with “substances or heat which may give rise to harm to the water environment” as below: “(d) when the well or borehole is no longer required it must be back filled or sealed to the extent necessary to: (a) avoid loss of groundwater from any aquifer; and (b) avoid the introduction, into any body of groundwater, of: (aa) substances or heat which may give rise to harm to the water environment; or (bb) water of a different chemical composition. “ Amendment to the layout of rule (d) to make it easier to read. Changes are being made to replace the terms “pollution” and “pollutants” in all relevant GBRs, as definitions for these do not feature in the proposed amended Regulations.
GBR 3, New Rule (f) Added a new rule (f): “the borehole must not be constructed within 50 metres of an existing well or borehole for the supply of water without the consent of the owner of the existing well or borehole.” Added new rule to ensure protection of water supplies
GBR 4, Rule(a) Amendment to rule (a): Replace “pollutants” with “substances or heat which may give rise to harm to the water environment”. Amendments and amended layout of the rule (a): “(a) The abstraction must not cause the introduction to any body of groundwater of — (i) substances or heat which may give rise to harm to the water environment, or (ii) water of a different chemical composition.” Amendment to layout of rule (a) to make it easier to read. Changes are being made to replace the terms “pollution” and “pollutants” as they relate to the water environment in all relevant GBRs, as definitions for these do not feature in the draft Regulations.
GBR 5, Rule(b) Amendment to rule (b): Removed “channel” Replaced with “river, burn or ditch” Rule extended to all parts of river burn or ditch (as opposed to just channel). This is consistent with wording used in other GBRs and ties in with the activity definition.
GBR 5, Rule(e) Amendment to rule (e): Added ‘in the wetted part of the river, burn or ditch’. Amended wording to provide consistency with other GBR rules and with wording used within conditions in registrations and licences. This controls the potential impacts to the areas of concern. Currently the wording is more restrictive than that used to control or higher risk activities.
GBR 6, Activity Amendment to GBR Activity description – change in wording and scope. Revised activity becomes: “The installation— (a) of a crossing where no part of the crossing is on the bed or banks of a river, burn, ditch or loch, (b) of an outfall which discharges into a river, burn, ditch or loch,”. Significant amendments are proposed to simplify the regulation for all types of crossings and outfalls by bringing them under a single GBR. The proposed amendments to the scope of GBR 6:
  • Replace the word “construction” with “installation” so it covers all eventualities which may not be considered construction such as the installation of prefabricated crossing structure (which will have been constructed at a different place) .
  • Extend controls to cover all types of crossings (not just bridges) A new definition for “crossing” is proposed within part 2 paragraph 1
  • Increasing the scope to cover all “crossings” means that the controls for pipelines and cable crossings within existing GBR 7 are now fully incorporated within revised GBR 6. As a result of this change the rules in existing GBR 7 will be deleted.
  • Extended controls to cover crossings and outfalls on lochs.
  • Removed 'Maintenance' within the activity' of GBR 6 as it's not consistent with the current or proposed approach to regulating the maintenance of structures. Controls on maintenance are not currently specified within other GBRs so it is consistent to remove these. Controls for maintenance will be set out within SEPAs authorisation guide for water activities.
  • Remove controls for temporary bridges (b) of existing GBR 6. These are being altered and incorporated into a new GBR 7 which will cover temporary crossings, structures and temporary works associated with carrying out a GBR activity and those not associated with a registration or permit activity.
  • Removing the surface water limitation for outfalls so that part (c) which becomes part (b) now covers all outfall types.
GBR 6, Rule (a) Amendment to rule (a): Added “or loch” Added “without such removal or modification;” Replaced “must” with “may” This rule is extended to cover vegetation removal on the banks of lochs making it consistent with changes to the activity title. Amendment to add ‘without such removal or modification’ at the end of rule (a) to make consistent with wording used at rule (a) of GBR 5. Replaced “must” with “may” for consistency with other GBR’s that have this control.
GBR 6, Rule (b) Amendment to rule (b): Remove word “channel” and replaced with “river, burn, ditch or loch.” Deleting word 'channel' and replaced with 'river, burn, ditch or loch.' as we want to make it apply to all parts not just the channel. The addition of “loch” makes it consistent with changes to the activity title.
GBR 6, Rule (e) Amendment to rule (e): Deleting “where the activity requires any work” and replaced with “any works”. Added “loch” Used 'works ' for consistency. This term is currently used in other rules in this GBR (c) & (d). The addition of “loch” makes it consistent with changes to the activity title.
GBR 6, existing Rule (f) Delete exiting rule (f): “(f) if necessary, a temporary culvert may be installed to facilitate the works but the culvert must not extend more than 10 metres along the length of the river, burn or ditch and must be removed on completion of the works;” This rule is being deleted as controls on temporary crossings will now be covered within a new GBR 7.
GBR 6, existing Rule (g) – becomes (f) Rules (f) and (g) Added “loch” As existing rule (f) is being deleted and existing rule (g) now becomes rule (f) The addition of “loch” makes it consistent with changes to the activity title.
GBR 6, existing Rule (h) Delete existing rule (h): “(h) as far as reasonably practicable, within 12 months of the commencement of the works, the bed and banks of the river, burn or ditch must be reinstated to at least their condition prior to the commencement of the works;” This rule is being deleted as controls on temporary works will now be covered within the new GBR 7.
GBR 6, existing Rule (i) Delete existing rule (i): “(i) for temporary bridges, as far as reasonably practicable, and within 12 months of the removal of the bridge, the bed and banks must be reinstated at least to their condition prior to the commencement of the works;” This rule is being deleted as controls on temporary crossings will now be covered within the new GBR 7.
GBR 6, existing Rule (j) becomes Rule (g) Amendment and re reference current rule (j) to (g) Remove “activity” and replace with “works”. Replace “Pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to the water environment, and” Due to deletion of other existing rules this is referenced to (g) Replaced “activity” with “works” for consistency. This term is currently used in other rules GBR 6(c) & (d). Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the proposed amended Regulations.
GBR 6, existing Rule (k) becomes Rule (h) Amendment and re reference current rule (k) to (h) Remove “constructed” and relace with “installed”. Added “loch” Due to deletion of other existing rules this is referenced to (h) Replaced the word from “constructed” to ‘installed’ to match the proposed change in activity title. The addition of “loch” makes it consistent with changes to the activity title.
GBR 7 Deleting whole of existing GBR 7 under CAR as its provisions have been moved within a modified GBR 6 By increasing the scope of GBR 6 to cover all “crossings” means that the controls for pipelines and cable crossings in GBR 7 are now incorporated within GBR 6. As a result of this change existing GBR 7 will be deleted.
GBR 7 (new) A new GBR relating to controls for temporary crossings , temporary structures and temporary works has been inserted here. Details of this change are explained within the main consultation text
GBR 8 Activity Amendment to GBR Activity title: “Bank works by revetment or bank reprofiling of a river, burn, ditch or loch.” A number of amendments to the activity title are proposed:
  • Amendment to use the term “Bank works” to make it clearer and bring clarity to the reader what the GBR relates to. This also aligns with terminology changes being proposed to activity descriptions for registrations and permits.
  • Amendment to add in “bank reprofiling” in the activity description as these are a distinct form of bank works. Reprofiling does not fall into the definition of a revetment. Reprofiling is often carried out independently of works for revetments.
  • Amendment to delete the limitation ”…to control the erosion of… .” The current activity description was felt to be too restrictive and meant some low risk bank and reprofiling works carried out for the purposes of morphological and riparian habitat improvements such as lowering the angle of a bank were not covered by the existing GBR.
  • Extended the scope to cover bank works on lochs.
GBR 8, Rules (a), (b), (c), (d) and (h) Amendment to rules (a), (b), (c), (d) & (h): Added “loch” The addition of “loch” in rules (a), (b), (c), (d) and (h) makes it consistent with changes to the activity title.
GBR 8, Rule (d) Amendment to rule (d): Removed “channel” Replaced with “river, burn, ditch or loch” Amendment to rule(d): deleting word ‘channel’ and replacing with ‘river, burn , ditch or loch.’ As we want to make the rule apply to all parts not just the channel
GBR 8, Rule (f) Amendment to rule (f): Added “or bank reprofiling” after revetment. Amendment to add in “or bank reprofiling” to align with changes proposed in the activity title.
GBR 8, Rule (g) Amendment to rule (g) Added “only” after “must”. Amendment to add in “only” to provide clarity on the restriction for the use of wood or rip rap in this GBR in that its use is restricted to the bank toe.
GBR 8, Rule (i) Amendment to rule (i): Added “top” after “bank”. Add in word “top” after bank for clarity to make clear it is the height of the bank top being controlled rather than the height of all parts of the bank. The current restriction on not lowering a bank would mean a case where the bank being reprofiled at a shallower angle (thus altering part of the bank height) but without altering the bank top height could be in breach of the current rule. This is overly restrictive and it’s the bank top we wish to control.
GBR 8, existing rule (j) Delete existing rule (j): (j) the works must not be undertaken during periods in which fish are likely to be spawning in the river, burn or ditch nor in the period between any such spawning and the subsequent emergence of the juvenile fish; and This rule is being deleted for consistency with GBR 25 which also covers low risk bank works. It is felt that controls on working and entering the wetted part of the watercourse can be adequately controlled by amended GBR 9 rule(f) which prohibits equipment or vehicles are being operated within the wetted part of any river, burn, ditch or loch during the fish spawning and emergence periods. For completeness we consider operation of equipment to also cover basic equipment such as shovels.
GBR 8, new rule (j) New rule (j): “ (j) the works must not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment.” new rule (j) is proposed to be consistent with other GBRs in setting controls on the introduction of substances or heat which may cause harm to the water environment.
GBR 9, Rule (f) Amendment to rule (f) Added “the wetted part of ” Added “loch” Amended wording to provide consistency with other GBR rules and wording used within conditions in registrations and licences. This controls the potential impacts to the area of concern. Currently the wording is more restrictive than that used to control or higher risk activities. The addition of “loch” makes it consistent with changes to the activity title.
GBR 9, Rule (g) Amendment to rule (g): Added “loch” The addition of “loch” makes it consistent with changes to the activity title.
GBR 9, Rule (i) Amendment to rule (i): Added “or wetland” after “surface water” The addition of “or wetland” makes the rules consistent with the activity scope and other rules of this GBR. This corrects an omission in current rule.
GBR 10A, Rules (a) & (e) Amendment to rules(a) & (e): Replace “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 10A, Rule (d) Amendment to rule(d): Replace “pollution” with “the introduction of substances or heat to the water environment which may give rise to harm to the water environment”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 10B, Rules (a), (d), & (g) Amendment to rules (a), (d) & (g): Replace “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 10B, Rule (f) Amendment to rule(f): Replace “pollution” with “the introduction of substances or heat to the water environment which may give rise to harm to the water environment”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 10C, Rule (a), (e) & (g) Amendment to rule(a): Replace “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 10C, Rule (f) Amendment to rule(f): Replace “pollution” with “the introduction of substances or heat to the water environment which may give rise to harm to the water environment”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 10D, Rules (a), (d), (g) & (h) Amendment to rules (a),(d), (g) & (h): Replace “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 11, Rule (a) Amendment to rule(a): replace “pollutants” with “substances or heat which may give rise to harm to the water environment”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 11, Rule (b) Amendment to rule (b): Replace “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 12, Rule (c) Amendment to rule (c): Replace current rule with “subject to paragraph (d), any gravel and coarse sediment that has been removed must, where possible, be returned to the river, ditch or burn from which it was taken” Replace current wording in rule (c) for clarity. Using similar wording used in GBR 13(g)
GBR 12, Rule (d)(iii) Amendment to rule (d) iii: Added “or ditch” after “burn” in two places. This is correcting an omission in existing rule and to ensure its consistent with the scope of the activity.
GBR 12, New Rule (d) (vi) New Rule (d) (vi) “not result in the introduction of substances or heat to the water environment which may give rise to harm to the water environment” New rule added to control potential impacts from the introduction of substances or heat into the water environment. This uses wording consistent with that used in other GBR’s.
GBR 12, Rule (e) Amendment to rule (e): Adding “and other matter” after “removed sediment” Deleting “or on the banks of a” and Replacing with “or left on the banks such that its placement heightens the banks of any “ Replacing “in the channel” with “on the bed” insert “and (d)” after “paragraph (c)”. Rule (e) now reads as below: “(e) removed sediment and other matter must not be deposited on the bed or left on the banks such that its placement heightens the banks of any river, burn or ditch except in accordance with paragraph (c) and (d);” Addition of “other matter” to make the rule consistent with the scope of the activity. Correction to rule to insert “and (d)” after “paragraph (c)”.
GBR 12, Rule (f) Replace “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 12, Rule (g) Amendment to rule (g): Replaced “must” with “may” Use “may” instead of “must” to be consistent across other GBRs where this rule is also used.
GBR 13, Activity and Rules (a), (b), (c), (d), (f), (g) and (h) Amendment to activity title and rules (a), (b) (c), (d) ,(f), (g) and (h) Added “loch” The addition of “loch” ensures the GBR controls cover sediment removal within lochs. It also ensures the rules align with the revised scope of the activity title.
GBR 13, Rule (c) Amendment to rule (c): Add “the wetted part of the river, burn, ditch or loch” after “undertaken”. Amended wording to provide consistency with other GBR rules and wording used within conditions in registrations and licences. This controls the potential impacts to the area of concern. Currently the wording is more restrictive than that used to control or higher risk activities. Also ties into wording used within the activity title.
GBR 13, Rule (d) Amendment to rule (d): Replace “must” with “may” Use “may” instead of “must” to be consistent across other GBRs where this rule is also used.
GBR 13, Rule (f) Amendment to rule (f): Removed “placed” Added “left on the banks such that its placement heightens the banks ” Modified rule to ensure no change to existing bank height from removed sediment and other matter.
GBR 13, Rule (i) Amendment to rule (i) Replace “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the proposed amended Regulations.
GBR 14, Activity Revised Activity Title Added “The installation of instream structures or” in front of “the placement of” so title is now: “The installation of instream structures or the placement of one or more boulders in a river, burn or ditch.” Extended scope of this GBR to cover instream structures.
GBR 14, Rule (a) Amendment to rule (a): Added “or the installed instream structures”. Extending rule (a) to cover instream structures to align with the change in activity scope.
GBR 14, Rule (b) Amendment to rule (b): Added “croy or flow deflector” after “boulders” Removed “(whether placed or not), croy, jetty or other in-stream structure occupying more than 10% of the bed width;” Added “or any structure on the bed of the river, burn or ditch;” after other “placed boulder or boulders” Rule (b) is now: “(b) the boulder or boulders, croy or flow deflector must not be placed within 20 metres of any other placed boulder or boulders or any structure on the bed of the river, burn or ditch;” Extending rule to cover only certain instream structures (croys and flow deflectors) to align with the change in activity scope. In relation to the limitation on nearby features we have removed “Croy, jetty or other in-stream structure” and replaced this with “any structure”. This widens the scope to cover any structures on the bed such as bridges, culverts and impoundments. This ensures protection of existing structures from scour and prevents additive impacts on morphology.
GBR 14, Rule (c) Amendment to rule (c): Added “and no instream structure”. Added “or installed” after “placed”. Removed “in-stream structures” and replaced with “any structure”. Rule (c) is now: (c) no boulder or boulders and croy or flow deflector must be placed or installed in such a way as to extend the width occupied by any structure to greater than 10% of the bed width, We have added “no instream structure” given the widening of the activity description. We have replaced “instream structures” with “structures” as we want to cover other structures on the bed too , e.g. bridge weirs and impounding works which are excluded from the definition of instream structure. This ensures hydro morphological protection.
GBR 14, Existing Rule (d) Existing rule (d) below is deleted. “(d) no boulder or boulders must be placed against the banks of a river or burn unless such placement forms part of works authorised under these Regulations to control the erosion of a bank of a river or burn by revetment;” This control is no longer felt to be necessary, as the widening in scope of the GBR to include instream structures, such as croys and flow deflectors which often start at the bank side, it would provide inconsistency with controls for boulders and controls for such instream structures. Previous modified Rule (e) which becomes rule (d) is considered to provide controls to minimise impacts.
GBR 14, Existing Rule (e) – becomes Rule(d) Existing rule (e) below is re-referenced (d) Added “croy or flow deflector” Due to deletion of existing rule(d) existing rule (e) is re referenced to (d). Extending rule to include croys and other forms of flow deflectors to align with changes proposed in rule (c)
GBR 14, Existing Rule (f) – becomes Rule (e) Existing rule (f) below is re-referenced (e) Amendments: Removed “the placement” and replaced with “any works in the wetted part of the river, burn or ditch”. Removed “or” before “burn” and added “or ditch” after “burn”. Due to deletion of existing rule (d) this is re referenced to (e) Amended wording to provide consistency with other GBR rules and wording used within conditions in registrations and licences. This controls the potential impacts to the area of concern (the wetted part). Currently the wording is more restrictive than that used to control or higher risk activities. Also ties into wording using within the activity description. Added in “or ditch” to correct a previous omission and make consistent with other GBRs.
GBR 14, Existing Rule (g) – becomes Rule (f) Existing rule (g) below is referenced (f) Removed “placement does” and replace with “works do” Due to deletion of existing rule (d) this is re referenced to (f) Used term “works do” instead of “placement does” as this is covers more actions and better reflects the activities this GBR now covers.
GBR 14, Existing Rule (h) – becomes Rule (g) Existing rule (h) below is referenced (g) Added “and instream structures” after “boulders”. Added “or installed” after “placed”. Rule (g) is now: “(g) boulders and instream structures must not be placed or installed if there is a reasonable likelihood that, within 50 metres of the intended placement, there are freshwater pearl mussels” Due to deletion of existing rule (d) this is re referenced to (g) The rules is being extending to cover instream structures and including use of word “or installed” as instream structures are not just 'placed'
GBR 14, Rule (h) New rule (h) “(h) boulders and instream structures must not be placed or installed such that they prevent the free passage of migratory fish, and” New rule to ensure protection of migrating fish.
GBR 14, Rule (i) New rule (i) “the works must not result in the introduction of substances or heat which may give rise to harm to the water environment, and” New rule added to control potential impacts from the introduction of substances or heat into the water environment. This uses wording consistent with that used in other GBR’s.
GBR -15 Rule (h) Replacing “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to”. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the proposed amended Regulations.
GBR 16, Activity Amendment to activity title: Replacing “pollutants” with “substances or heat which may give rise to harm to the water environment” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 16, Rule (b) Amendment to Rule (b): Added “and grout used to stabilise underground workings” After “the works”. Added “or grouting” after “drilling”. Replacing “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to” Amendment of this rule allow the use of grout to stabilise underground workings which may come in contact with groundwater provided they do not cause harm to the water environment. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 16, Rule (c) Amendment to Rule (c): Replacing “pollution of” with “the introduction of substances or heat to the water environment which may give rise to harm to” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 16, New Rule (d) New rule (d): “the edge of any grouted area must not be within 250 metres of any springs, wells or boreholes that supply water for human consumption,” New rule proposed to ensure protection for water supplies used of human consumption.
GBR 17, Rule (f) Amendment to rule (f): Insert: “that is in use prior to the activity commencing” after “consumption” Insert: “provided it is in use prior to the activity commencing.” after “Regulations” Amendments to reflect that the operator of the activity has no requirement under this general binding rule to comply with rule (f)in relation to a water supply for human consumption which is established within that 250m zone after commencement of the GBR 17 activity.
GBR 18 Activity title amendment: Removed “waste management licence in terms of section 35 (waste management licence: general) of the Environmental Protection Act 1990” and replaced with “waste activity under these Regulations,”. Amendment to reflect changes to regulation as these controls will now fall under the 2018 Regulations.
GBR 18, Rule (h) Amendment to rule (h) (i) (1): Delete “bank top” replace with “top of the bank” Amended wording for ease of reading consistency with rule (g) (i) (1)
GBR 18, Rule (m) Amendment to rule (m): Replace “pollution of” with “the introduction of substances or heat to the water environment that may give rise to harm to ..” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 20, Rule (c) Amendment to rule (c): Replace “Pollution of any surface water or wetland” with “ the introduction of substances or heat which to any surface water or wetland which may give rise to harm to the water environment.”] Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 21, Rule (a) Amendment to rule (a): Replace “Pollution of” with “in the introduction substances or heat to any river, burn, ditch, wetland, loch, transitional water or coastal water which may give rise to harm to the water environment.”]. Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the draft Regulations.
GBR 22, Rule (a) Amendment to rule (a): Replace “pollution of” with “the introduction of substances or heat to the water environment that may give rise to harm to ..” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the proposed amended Regulations.
GBR 23, Rule (f) (vii) Amendment to rule (f)(vii): Replace “pollution of any river, burn, ditch, wetland, loch, transitional water, coastal water or surface water drainage system” With “the introduction of any substance or heat to any river, burn, ditch, wetland, loch, transitional water, coastal water or surface water drainage system which may result in harm to the water environment” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the proposed amended Regulations.
GBR 23, Rule (g) (iv) Amendment to Rule (g) (iv): Rephrasing for clarity in (aa) and (bb) and adding in exception in relation to the control of skunk cabbage in waterlogged ground. “(iv) the ground over or onto which pesticide is applied is not— (aa) frozen or snow-covered, (bb) waterlogged, except where the application in, onto or over waterlogged grounds is necessary for the purpose of controlling American skunk cabbage (lysichiton americanus) and all precautions are taken to minimise the risk of pesticide entering any river, burn, ditch, wetland, loch, transitional or coastal water” Skunk cabbage is now classed as an Invasive non-native species. It tends to grow in boggy areas and so spraying in waterlogged areas is necessary in order to control it, hence an exception to rule (iv) (bb) has been added.
GBR 23, Rule (h) Amendment to Rule (h): Replace “pollution of any river, burn, ditch, wetland, loch, transitional water or coastal water” With “ the introduction of any substance or heat to any river, burn, ditch, wetland, loch, transitional water or coastal water which may give rise to harm to the water environment..” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the proposed amended Regulations.
GBR 25, Activity Amend activity title to “Bank works using the placement of trees or parts of trees in any river, burn, ditch or loch.” Reason for change: “Bank works” inserted to make the nature of the activity clearer. We have widened the scope of the activity to ensure the works are not limited to protecting eroding banks. We want the scope of the activity to cover prevention of erosion and also other things such as habitat enhancement or where the banks had been reprofiled and parts of trees are put anyplace to prevent erosion form occurring rather than wait for bank to have started to erode . Such activities carry the same level of risk and we believe can fit into this GBR. Extended scope to cover lochs as this was omitted from control previously and previously required a level of authorisation higher than its inherent risk.
GBR 25, Rule (a) Amendment to rule(a): Rephrasing to: “(a) the trees or parts of trees must be placed only in or along banks ;”. Amendment to this condition to reflect the changes to the activity title
GBR 25, Rules (b) and (c) Amendment to rules (b) and (c) Added in “loch”. The addition of “loch” in rules (a) and (b), makes these consistent with changes to the activity title
GBR 25, Rule (d) Amendment and rewording of rule (d): Rephrasing to: “(d) the placed trees or parts of trees must be graded smoothly into the existing line of the bank.” Existing Rules (d) and (e) have been combined into new (d) (revised rule to consolidate and simplify controls. Existing Rule (d) (i) being deleted as we want to allow the flexibility to be able to fill in the toe back to the original alignment and not the eroded bank line and then do the placement of trees. The current rule (d(i) is considered unnecessarily restrictive. Existing rule (d)(ii) has been rephrased using wording from deleted rule (e) (ii). Both these conditions were controlling the same issue and it was felt the words in e(ii) better capture what is required. It then enables deletion of rule (e) and simplifies the layout of the rules.
GBR 25, Rule (e) Deletion of existing rule (e). All of rule (e) is being deleted. Due to change in scope within the activity title rule (e) (i) is no longer considered necessary. The controls within existing rule (e) (ii) have been incorporated into a revised rule (d) (ii)
GBR 25, existing Rule (f) becomes Rule (e) Existing rule (f) becomes Rule (e) Amendment to (i) Delete “of an eroding” Replace with “or profile”. Delete “reduced” and relace with “altered”. Amendment to (ii) Delete “eroded”. Delete “channel”. New rule (e) becomes: “(e) in protecting banks— (i) the angle or profile of the bank may only be altered for the purpose of enabling the establishment and growth of trees or the placement of trees or parts of trees, (ii) stones may be placed at the toe of the bank for the purpose of preventing the bank being undercut before the trees have become established, provided that any stones used are no larger than the largest stones that have been deposited on the bed within 500 metres of the bank.” – Existing rule (f) becomes rule (e) due to deletion of existing rule (e) minor edits to (i) deletion of words “eroding” and “eroded”, as this activity is not limited to dealing with eroded banks. Added word "profile” because in certain cases changes in the overall profile of the bank may be carried out such as in creating a stepped bank. Deleted word "reduced" and replaced with "altered” as in certain cases parts of the bank may be rebuilt to fill in eroded areas. This would not be a reduction but an increase. Altered better reflects the range of activities that may take place. Delete word “channel” from (ii) as this term is not relevant in connection with lochs. The term “bed” in used in other GBRs and will also work for lochs.
GBR 25, existing Rule (g) becomes Rule (f) Re reference existing rule (g) to (f) Add “loch”. Re reference - rule (g) to rule (f) due to deletion of existing rule (e) The addition of “loch” makes this rule consistent with changes to the activity title
GBR 25, existing Rule (h) becomes Rule (g) Existing rule (h) to (g) rule (h) becomes rule (g) due to deletion of existing rule (e)
GBR 25, existing Rule (i) becomes Rule (h) Re reference existing rule (i) to (h) Add “loch”. Re reference: rule (i) to rule (h) due to deletion of existing rule (e) The addition of “loch” makes this rule consistent with changes to the activity title.
GBR 26 Added “that is not waste oil” after “The storge of oil”. Waste oil has been excluded to avoid an overlap with the waste GBRs.
GBR 27 No changes proposed.
GBR 28 Added “other than waste oil” after “The storage of oil. Waste oil has been excluded to avoid an overlap with the waste GBRs.
GBR 30, Rules (a), (b) & (c) Amendment to Rules (a), (b) and (c) Existing rules (a) ,(b) and (c) have become rule(a), parts (i) to (iii) A new rule (b) parts (i) and (ii) have been inserted to require notification and submission of plans when a constructed farm wetland is constructed or substantially rebuilt or enlarged, as follows: “(b) where a constructed farm wetland is to be constructed or substantially rebuilt or enlarged— (i) “the authorised person must give notice to SEPA of the works no later than 30 days prior to any work commencing, and (ii) the notice in sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out. “ Existing rules (a) ,(b) and (c) have been repackaged in rule(a) parts (i) to (iii). A new rule (b) parts (i) and (ii) have been inserted to require notification and submission of an engineering plan prior to the construction, substantial rebuilding or enlargement of a constructed farm wetland. This allows SEPA to check the design and will help avoid issues with the overloading of constructed farm wetlands due to inadequate size which can cause serious impacts on the water environment. This change is consistent with the approach taken for GBRs 31, 32 and 34.
GBR 31, Rule (h) (ii) Amendment to rule (h) (ii) Replace existing rule with: “where the silo has retaining walls made other than of earth, extend beyond those walls and be provided with channels designed and constructed so as to collect any effluent which may escape from the silo and adequate provision must be made for drainage of that effluent from the channels to an effluent tank through a channel or pipe,” Amendment to rule (h) (ii) to clarify that the floor beyond the wall needs to have a channel to collect effluent that may escape.
GBR 31, Rule (g) Amendment to rule (g) Replace existing wording: “must be no greater than the height of the retaining wall.” with: “must be managed so that the retaining walls of the silo are not overloaded.” Amendment in wording of the rule to ensure that the loading criteria of the walls are not exceeded. The existing rule could be seen to be overly restrictive and could prevent farmers from following British standards which allows domed silos.
GBR 31, Rule (o) Amendment to rule (o) In (o) (i) replace “notify” with “give notice to SEPA of the works”. In (o) (ii) replace “notification” with “notice”. Replaced the words “notification” and “notify” being replaced with “notice” to avoid being confused with the new notification tier of authorisation under EASR.
GBR 32, Rule (a) Amendment to rule (a) After “by housed livestock” , insert “from dungsteads or from dirty yards,” Change are being made as to ensure that slurry produced in dungsteads and dirty yards also requires collection.
GBR 32, Rule (r) Amendment to rule (r) In (r) (i) replace “notify” with “give notice of the works” to SEPA”. In (r) (ii) replace “notification” with “notice” Replacing the words “notification” and “notify” being replaced with “notice” to avoid being confused with the new notification tier of authorisation under EASR.
GBR 33, Rule (d) Amendment to rule (d): Replace “pollution of” with “the introduction of substances or heat to the water environment that may give rise to] harm to ..” Changes are being made to all relevant GBRs to replace the terms ‘pollution’ and ‘pollutants as definitions for these do not feature in the proposed amended Regulations.
GBR 33, new Rule (e) Insert a new rule (e): “ (e) where a constructed farm wetland is to be constructed or to be substantially rebuilt or enlarged— (i)the operator must give notice to SEPA of the works no later than 30 days prior to commencing the works, (ii) the notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out.” A new rule (e) parts (i) and (ii) have been inserted to require notification and submission of an engineering plan prior to the construction, substantial rebuilding or enlargement of a constructed farm wetland. This allows SEPA to check the design and will help avoid issues with the overloading of constructed farm wetlands due to inadequate size which can cause serious impacts on the water environment. This change would be consistent with the approach taken for GBRs 31, 32 and 34.
GBR 34, Activity Revised Activity Title: “Storage of liquid digestate unless the storage is regulated by a registration or permit under these Regulations.” Amended activity wording to reflect changes in legislation.
GBR 34, Rule (n) Amendment to rule (n) In (n) (i) replace “notify” with “give notice of the works” In (n) (ii) replace “notification” with “notice” Replacing the words “notification” and “notify” being replaced with “notice” to avoid being confused with the new notification tier of authorisation under EASR.
GBR 34, new Rule (p) New rule (p) inserted: “waste liquid digestate must only be stored at the place where it will be used.” This will ensure that the appropriate rules apply to storage of waste prior to collection.
Regulation 35(k) amending Part 2, paragraph 1 of schedule 9 in the 2018 Regulations Existing definition of ‘minor bridge’ not carried over to the draft Regulations. Definition no longer required as the term is no longer used.
Existing definition of “eroding bank” not carried over to the draft Regulations. Definition no longer required as the term is no longer used.
Regulation 35(k)(v) Inserts new definition: “crossing” means any structure which is constructed and installed for the purpose of supporting a footpath, cycle route or transport route across any river, burn, ditch or loch or any pipe, pipeline or cable which crosses over or underneath any river, burn, ditch or loch, but excluding temporary crossings, impounding works and culverts installed for land gain, New definition required to provide clarity on the scope and meaning of the term crossing.
Regulation 35(k)(viii) Inserts new definition: in-stream structure” means any structure that occupies a portion of the bed of the river, burn, ditch including bed reinforcement, jetties, platforms, marinas, croys, groynes and other flow deflectors, but excluding temporary structures, bridge piers and impounding works, Definition for instream structure is being provided to provide clarity.
Regulation 35(k)(xv) Inserts new definition: “temporary structure” means any structure, excluding impounding works, which will be removed within a period of 12 months beginning with the date on which its installation commences, Definition for temporary structure is being provided to provide clarity as these excluded from the definition of instream structure. Controls for temporary structures are set out in new GBR 7.

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