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The Water Environment (Controlled
Activities) (Scotland) Regulations 2011 (as
amended)
A Practical Guide
A practical guide to the regulations, including:
• An overview
• Definitions of the regimes
• Levels of authorisation
• The General Binding Rules
Version 9.3, June 2023
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Briefing Note
The CAR Practical Guide, Version 9, January 2022
1. Background
This revised guide provides practical advice on the Water Environment (Controlled
Activities) (Scotland) Regulations 2011 (as amended), or CAR. It details which activities are
regulated by SEPA. The key changes to the guide are summarised in this briefing note. For
further information on the regulations, visit the water regulation pages of the SEPA website.
Please note that the CAR Practical Guide is only available electronically.
2. Summary of Changes
This revision is to include the changes introduced by the Water Environment (Controlled
Activities) (Scotland) Amendment Regulations 2021 and some other changes as detailed
below.
2.1 The Controlled Activities Regulations authorisation requirements
• Changes to the descriptions of controlled activities.
2.2 Pollution Control Regime
• Amendments to GBR10, GBR11, GBR21, GBR22, GBR25, GBR27 and GBR28
• New agricultural GBRs: GBR29, GBR30, GBR31, GBR32, GBR33 and GBR34
• Changes to the scope of two surface water drainage licence activities.
2.3 Engineering Regime
• New table outlining regulatory approach for maintenance, repair, removal and
replacement works.
• Changes to clarify authorisation levels.
• Amendments to GBR5, GBR6, GBR8, GBR9, GBR14, GBR15 and GBR18
2.4 Glossary of terms New definitions added.
Version 9.1, March 2022
Section 3.1 has an addition to the table of activities which do not require authorisation - the
discharge of naturally occurring, fish bacterial pathogen-specific bacteriophages from finfish
farm facilities. Section 3.3 has further clarification on thresholds for registrations for
domestic and non-domestic sewage discharges.
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Version 9.2, December 2022
Section 2 CAR authorisation requirements
Replaced reference to Radioactive Substances Act with Environmental Authorisations
(Scotland) Regulations.
Section 3 Pollution Control regime
Added that no authorisation is required for a discharge from a single domestic hot tub, small
volumes of filters backwash and discharges from some vessels in coastal and transitional
waters.
Clarified that discharges from geothermal heat pumps fall under the heading of thermal
discharges. Add some content from WAT-SG-39 such as examples of trade effluent.
Added some clarification on interaction with WML and PPC regimes in terms of authorising
discharges.
Section 4 Abstraction regime
Added that abstraction of groundwater below coastal and transitional waters ≥10m
3
/d is
authorised at registration level.
Section 5 Impoundment regime
• Clarification of impoundment definition and which aspects are regulated under CAR
• Clarification of impounding works not normally authorised i.e. specific peatland
restoration activities.
Version 9.3, June 2023
Section 3 Point source pollution control
Discharges that don’t require authorisation. Altered the activity description for discharges of
uncontaminated groundwater to:
• remove reference open cast coal sites, which are no longer present.
• to add the term “mines” to cover some metal mines; and
• to allow of the discharge of water abstracted for testing or sampling where GBR 4
does not apply.
Added that an authorisation from SEPA is not normally required for the discharge of
uncontaminated groundwater that arises during the construction and extension of a
borehole. Added that that an authorisation from SEPA is not normally required for the
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disposal of bleach solution used to clean beehives onto vegetated land provided the bleach
is dechlorinated prior to discharge.
Altered the activity description for hots tub discharges that don’t require authorisation from
SEPA to cover all single tubs, not just domestic ones. Made clear that this only applies if
the discharge is to groundwater and that other discharges up to 10m
3
/d require a
registration.
Thermal effluents. Made it clear that discharges to coastal and transitional waters are the
only discharges that don’t have thermal compliance implications and therefore fall under the
registration tier of authorisation. Discharges to inland surface waters will have thermal
compliance implications.
Engineering activities. Clarified when a bed reinforcement activity to protect an existing
structure is a maintenance activity.
Some small changes to the definition of “raised loch” and “realignment/diversion”.
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Previous Version Updates
v8.0 January 2018
This revision was primarily to include the changes to CAR brought in by the Water
Environment (Miscellaneous) (Scotland) Regulations 2017.
v8.1 January 2018
Correction relating to herbicide applications.
v8.2 February 2018
Pollution control regime
A licence is now required for surface water discharge from 60 hectares of residential
development (>1000 houses previously) and A roads are now included.
Engineering regime
Updated information text in relation to contacting local District Salmon Fishery Boards or
Trusts for advice.
v8.3 February 2019
Pollution control regime
Clarification of the level of authorisation of surface water from different types of construction
sites.
Engineering regime
Updated information text in relation to clarifying river width in determining level of
authorisation.
v8.4 October 2019 (plus correction for Simple Licences issued December 2019)
Pollution control regime
Change to the scope of a Registration and Simple Licence levels of authorisation for
sewage discharges.
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v8.5 July 2021
Pollution control regime
Changes to Section 3.1:
• to reflect changes to legislation which enables SEPA to control discharges of
chemical resides from vessels at marine pen fish farms under CAR.
• Changes to table 1:
▪ text regarding sewage effluents;
▪ text from cage to pen for fish farms;
▪ thermal effluents removing reference to freshwater fisheries directive and minor
changes in wording;
▪ new registration: disposal of disinfectants during a disease outbreak in inorganic
and other trade effluents;
▪ levels of authorisation and text for surface water runoff from construction sites;
▪ text regarding authorisations for the application of plant protection products,
including GBR23.
Abstraction regime
Changes to Section 4.1:
• points of note table 3, text describing when SEPA will consider the construction and
operation of multiple boreholes as a single activity.
Changes to Section 4.2
• Amendments to GBR 15 and supporting text to reflect legislative changes.
Impoundment regime
Changes to Section 5:
• reordering of text and boxes and minor changes to text regarding modifications.
Engineering regime
Changes to Section 6.1:
• Changes to table 5:
▪ new registration: grey bank reinforcement associated with existing manmade
structures.
• Changes to section 6.1 ‘Points of Note- registration activities’:
▪ explanation of registration activity references;
▪ adding new activity O notes.
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Contents
1. Purpose of the guide ..................................................................................................... 7
2. The Controlled Activities Regulations authorisation requirement ................................... 9
2.1 Levels of authorisation ............................................................................................11
2.2 General Binding Rules ............................................................................................11
2.3 Registrations ...........................................................................................................13
2.4 Licences ..................................................................................................................13
3. Pollution control regime .................................................................................................14
3.1 Point source pollution control ..................................................................................15
3.2 Diffuse pollution control ...........................................................................................18
3.3 Pollution control – levels of authorisation ................................................................18
3.4 Pollution control – General Binding Rules ...............................................................35
4. Abstraction regime ........................................................................................................78
4.1 Abstraction and Borehole Construction and Operation – levels of authorisation ....80
4.2 Abstraction – General Binding Rules ......................................................................85
5. Impoundment regime ....................................................................................................92
5.1 Impoundment – levels of authorisation ...................................................................95
5.2 Impoundment – General Binding Rules ..................................................................96
6. Engineering regime .......................................................................................................98
6.1 Engineering – levels of authorisation ....................................................................101
6.2 Engineering – General Binding Rules ...................................................................111
7. Glossary of terms and acronyms .................................................................................123
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1. Purpose of the guide
This guide provides practical advice on the Water Environment (Controlled Activities)
(Scotland) Regulations 2011 (as amended), or CAR. It details which activities are regulated
by SEPA.
More detailed guidance on how SEPA has implemented CAR and background information
on the Water Framework Directive (WFD) can be found at: www.sepa.org.uk/water.aspx
The CAR Practical Guide will help you determine which level of authorisation you need to
apply for:
1. Refer to the relevant chapter to see if your activity requires authorisation.
2. If your activity falls under a General Binding Rule (GBR) you do not need to apply to
SEPA for an authorisation, though you must ensure you comply with the conditions of
the GBR. If your activity needs to be registered or licensed you will need to apply to
SEPA. Application forms are available at:
www.sepa.org.uk/water/water_regulation/car_application_forms.aspx
3. To work out the cost of the application, and to find out whether a subsistence (annual)
fee applies, you will need to refer to the Charging Scheme Guidance at:
www.sepa.org.uk/wfd/regimes/charging.htm
4. You can also use SEPA’s online Charge Calculator to determine the fee (this will also
calculate reduced application fees for multiple activities):
www.sepa.org.uk/wfd/regimes/charging.htm
5. Submit the completed application form, with the correct application fee, to the
appropriate SEPA office: www.sepa.org.uk/contact
Note: If at any point you have a query, please contact your local SEPA office:
www.sepa.org.uk/contact
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CAR authorising process
1
1
As required by the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended).
Registration
Complex/simple licence
General Binding Rules
Use SEPA website for
application forms. Apply online
or on printed forms.
Pre-app discussion with local
office strongly recommended.
Find the level of authorisation of the proposed activity by using the tables within this Practical Guide.
Use Charging Scheme
Guidance
(or Charging Scheme
calculator) to find cost of
application.
Complete application form with
all details, including charges,
and send to the appropriate
office , or submit online.
Application assessed within 30
days (unless extension agreed
by both parties).
Registration issued or refused.
Use SEPA website for
application forms. Apply on
printed forms.
Use Charging Scheme
Guidance
(or Charging Scheme
Calculator) to find cost of
application and subsistence
Complete application form with
all details, including charges,
and send to the appropriate
office.
Application assessed within four months unless
extension agreed by both parties.
Your application may take longer to assess due to:
•
advertisement required (increased by up to 56 days);
• consultation (up to 28 days required);
• SEPA issues a notice requesting additional
information (determination period on hold until notice
complied with); or
• application called in by Ministers.
Licence issued or refused.
Comply with the rules; no
need to contact or apply to
SEPA (no charges)
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2. The Controlled Activities Regulations authorisation
requirement
It is an offence to undertake, or cause or permit others to carry on, the following activities
without a CAR authorisation:
• any activity liable to cause pollution of the water environment, including discharges of
polluting matter and disposal of waste sheep dip and waste pesticides;
• abstraction of water from the water environment;
• construction or alteration of impounding works (e.g. dams and weirs) in inland water
(other than groundwater) or wetlands;
• operation of impounding works in surface water or wetlands;
• carrying out building or engineering works or works other than those referred to in
the two bullet points above (a) in inland water (other than groundwater) or wetlands;
or (b) in the vicinity of inland water or wetlands and having or likely to have a
significant adverse impact on the water environment;
• artificial recharge or augmentation of groundwater;
• the direct or indirect discharge, and any activity likely to cause a direct or indirect
discharge, into groundwater of any hazardous substance or other pollutant;
• any other activity which directly or indirectly has or is likely to have a significant
adverse impact on the water environment.
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If any of these activities is already authorised by one of the following environmental
regulatory regimes, it will be considered authorised under CAR. You will not need to apply
for separate authorisation:
• The Environmental Authorisations (Scotland) Regulations 2018
• Integrated Pollution Control (Part 1 of Environmental Protection Act 1990)
• The Pollution Prevention and Control (Scotland) Regulations 2000
• The Pollution Prevention and Control (Scotland) Regulations 2012
• Waste Management Licensing (Part II of Environmental Protection Act 1990)
CAR authorisation is intended to control impacts on the water environment, including
mitigating the effects on other water users. Additional consents may be required from other
authorities, such as planning permission or permission associated with conservation areas
or protected species.
Throughout this guide there are references to new and existing activities. As a general rule,
a new CAR activity is one that started on or after 1 April 2006, while an existing activity is
one that started before 1 April 2006, unless otherwise stated in this guide.
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2.1 Levels of authorisation
In order to allow for proportionate regulation based on the risk an activity poses to the water
environment, there are three types of CAR authorisation:
• General Binding Rules (GBRs)
• Registrations
• Licences
2.2 General Binding Rules
GBRs represent a set of mandatory rules which cover specific low risk activities. Activities
complying with the rules do not require an application to be made to SEPA, as compliance
with a GBR is considered to be compliance with an authorisation. Since the operator is not
required to apply to SEPA, there are no associated charges. SEPA uses its statutory role in
the land use planning system to highlight GBRs that may apply to a given proposal. The
individual GBRs are described in more detail in the appropriate regime-specific sections of
this guide. The direct links to the GBRs and amendments in the legislation can be found as
follows.
GBR
Subsequent Amendment(s)
1
none
2
none
3
none
4
none
5
CAR 2021
6
CAR 2021
7
none
8
CAR 2021
9
CAR 2021
10
none
11
CAR 2021
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GBR
CAR amendment where main text
of the GBR can be found
Subsequent Amendment(s)
12
none
13
CAR 2017
14
CAR 2021
15
CAR 2017 and CAR 2021
16
none
17
none
18
CAR 2021
19
none
20
none
21
CAR 2021
22
none
23
none
24
none
25
CAR 2021
26
none
27
CAR 2021
28
CAR 2021
29
none
30
none
31
none
32
none
33
none
34
none
“CAR 2013” is the Water Environment (Controlled Activities) (Scotland) Amendment
Regulations 2013
“CAR 2017” is the Water Environment (Miscellaneous) (Scotland) Regulations 2017
“CAR 2021” is the Water Environment (Controlled Activities) (Scotland) Amendment
Regulations 2021
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Note: If you think you would be unable to comply with one or more of the general binding
rules applicable to your proposed activity, you may still be able to carry out the activity by
obtaining an authorisation from SEPA in the form of a registration or water use licence.
SEPA will be able to determine whether the activity can be carried out under one of these
forms of authorisation without posing a significant environmental risk. Please contact your
local SEPA office for advice.
2.3 Registrations
These allow for the registration of small-scale activities that individually pose low
environmental risk but, cumulatively, can result in greater environmental risk. Operators
must apply to SEPA to register these activities. A registration will include details of the scale
of the activity and its location, and there will be a number of conditions that must be
complied with. There is an application fee for registrations, though subsistence (annual)
charges do not apply.
2.4 Licences
These allow for site-specific conditions to be set to protect the water environment from
activities that pose a higher risk. Licences can cover linked activities on several sites over a
wide area, as well as single or multiple activities on a single site. Application fees apply to
all licences, and subsistence (annual) charges may apply. SEPA has simple licences and
complex licences for activities, for which different charges apply.
A key feature of CAR licences, unlike GBRs and registrations, is that they require the
applicant to nominate a ‘responsible person’ (i.e. an individual/partnership/company) to be
held accountable for securing compliance with the terms of the licence. To determine which
level of authorisation is required for an activity, please consult the regime-specific sections
of this guide.
Information on charges and associated guidance is available at:
https://www.sepa.org.uk/regulations/authorisations-and-permits/charging-schemes/charging-schemes-and-
summary-charging-booklets/
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3. Pollution control regime
WEWS
2
and CAR provide a framework within which certain activities that may impact on
the water environment may be authorised subject to conditions that adequately protect the
water environment, but it may not be appropriate to authorise all activities e.g. a slurry spill
in the vicinity of a watercourse is an activity liable to cause pollution of the water
environment, but SEPA would not authorise it. SEPA routinely uses this framework to
control point source discharges to the water environment as well as disposals to
groundwater via land.
Pollution, in relation to the water environment, means the direct or indirect introduction, as a
result of human activity, of substances (including bacteria and other pathogens) or heat into
the water environment, or any part of it, which may give rise to any harm.
For these purposes, ‘harm’ means:
(a) harm to the health of human beings or other living organisms;
(b) harm to the quality of the water environment, including:
(i) harm to the quality of the water environment taken as a whole;
(ii) other impairment of, or interference with, the quality of aquatic ecosystems or
terrestrial ecosystems directly depending on aquatic ecosystems;
(c) offence to the senses of human beings;
(d) damage to property; or
(e) impairment of, or interference with, amenities or other legitimate uses of the water
environment.
The Water Environment (Diffuse Pollution)(Scotland) Regulations 2008 introduced a
number of General Binding Rules (GBRs) to control specified activities that are liable to
cause diffuse pollution, these changes are now incorporated in CAR.
2
The Water Environment and Water Services (Scotland) Act 2003
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The Water Environment (Miscellaneous) (Scotland) Regulations 2017 brought the
provisions of the Water Environment (Oil Storage) (Scotland) Regulations 2006 which is
now revoked. These are contained within General Binding Rules 26, 27 and 28.
The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021
amalgamated the requirements of the Control of Pollution (Silage, Slurry and Agricultural
Fuel Oil) (Scotland) Regulations 2003 which are now revoked into CAR. These are now
GBR 29, 30, 31, 32 & 33. In addition, GBR 34 was introduced to control the storage of liquid
digestate where not already covered by regulations.
3.1 Point source pollution control
Point source discharges include:
• sewage and trade effluent discharges;
• surface water discharges from urban areas;
• abandoned mine discharges;
• disposals of waste sheep dip and other waste pesticides
Such discharges will typically be made directly to the water environment. However, the
regime also covers discharges to land that result in the indirect discharge of matter liable to
cause pollution of groundwater. SEPA authorises discharges of sewage and trade effluent
to land.
Authorisation from SEPA will be required for the disposal to land of waste sheep dip
or waste pesticides and pesticide washings.
It is recognised that in certain circumstances a structure may have to be constructed before
an authorised activity can be carried out (e.g. a new outfall pipe to facilitate a point source
discharge or an intake structure to facilitate an abstraction). In these circumstances, SEPA
treats the construction (an engineering activity) as secondary to the primary activity and will
normally authorise the construction activity in the same authorisation document as the
primary activity. This means that SEPA will not normally require two separate applications
to be made or fees to be paid, however, SEPA will need details of any dependent activities
to be submitted with the main application.
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SEPA does not require authorisation for the following types of discharge:
• Discharges of any reagent or chemical or particle tracer used in connection with
any scientific experiment or survey in coastal or transitional water. A marine
licence may be required by Marine Scotland for these discharges.
• Occasional discharges from public water treatment works, and the water supply
system, provided it is undertaken in accordance with the Water Supply Hygiene
procedures (Scottish Water) or the Water (Scotland) Act 1980.
• Discharges of uncontaminated groundwater abstracted
3
directly through
boreholes/well pointing and discharged without contact with any other drainage
run-off, in order to either
o dewater mines/quarries/construction sites; or
o test the yield of the borehole or well or the hydraulic properties of the
aquifer where GBR 4 does not apply; or
o sample the water quality where GBR 4 does not apply.
It must be made very clear to the operator that this only applies to uncontaminated
groundwater.
• Discharges of uncontaminated groundwater that arises during the construction or
extension of a well or borehole.
• Discharges of clean water from storage tanks/pipelines which are filled with clean
water in order to test water tightness e.g. fish farm tanks, chemical/oil storage
tanks.
• Discharges of uncontaminated rainwater which has collected in an oil storage
bund. i.e. no visible sheen.
3
The initial abstraction may require authorisation.
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• Initial pumping out of water from a dry dock and any uncontaminated water which
is released simply by the opening of gates.
• Discharge of naturally occurring, fish bacterial pathogen-specific bacteriophages
from finfish farm facilities
4
.
• Discharge of hot tub effluent from a premises with only one hot tub to
groundwater. We recommend this is done in accordance with good practice
guidance. See Discharge of Chlorinated Effluents, Supporting Guidance WAT-
SG-41
• Discharges from vessels in coastal and transitional waters other than the
discharge of medicine residues from wellboats for marine finfish farms.
• Discharges of filter backwash waters with a volume of <1m
3
/day that comes from
the maintenance of abstraction equipment to a soakaway. The discharge must
not be direct to groundwater and must not contain any added pollutants that are
not those derived from the water that is being treated.
• The disposal of bleach solution used to clean beehives onto vegetated land
provided the bleach is dechlorinated prior to discharge.
Discharges of turbine water are included in the abstraction licence.
Where trade effluent or surface water run-off is discharged to the water environment, and
the discharge point falls within the site boundary of a waste management licence, the
discharge can be authorised by a waste management licence. Irrespective of the discharge
point location, trade effluent, sewage or surface water run-off discharged to the water
4
Naturally occurring bacteriophages are viruses that infect bacteria. They are common in the environment and highly
specific to their target bacterium (ie only able to replicate within their specific host). Because of their specificity, they do not
pose a risk to the wider environment. Bacterial pathogens of farmed fish include bacteria such as Yersinia ruckeri. The use
of bacteriophages targeted at such pathogens may reduce infection risk and, hence, the need to use and discharge anti-
microbial medicines.
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environment can be authorised by a PPC permit if the discharge comes from the stationary
technical unit.
3.2 Diffuse pollution control
Diffuse pollution is caused by releases of pollutants from a range of activities on land that
individually may have little effect on the water environment, but cumulatively can have a
significant impact across a (river) catchment.
The General Binding Rules (GBRs) for diffuse pollution are based on widely accepted
standards of good practice, such as the Prevention of Environmental Pollution from
Agricultural Activity (PEPFAA) Code, the 4 Point Plan and the Forests and Water
Guidelines. Essentially, they provide a statutory baseline of good practice and are expected
to contribute significantly to improvements in water quality.
Activities covered by the GBRs include the:
• storage and application of fertilisers;
• keeping of livestock;
• cultivation of land;
• discharge of surface water run-off;
• construction and maintenance of roads and tracks;
• storage and application of pesticide;
• operation of sheep dipping facilities.
3.3 Pollution control – levels of authorisation
Use Table 1 to determine the level of authorisation applicable for pollution activities. The
notes below the table provide supporting information.
Table 1: Pollution control levels of authorisation
pe = population equivalent CSO = combined sewer overflow
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GBR
Registration
Simple licence
Complex licence
Sewage and organic effluents
Organic effluents
≤15pe (including
discharges to
soakaways)
Organic effluents
>15– 100pe
Organic effluents
>100pe
Sewage: has been
in use more than 2
years
serving ≤9 domestic
properties or for non-
domestic
developments serving
≤50pe (including
discharges to
soakaways)
Sewage: has
been in use more
than 2 years
>50pe – 100pe
Sewage
>100 pe
Sewage: proposed
or has been in use
less than 2 years
serving ≤3 domestic
properties or for non-
domestic
developments serving
≤15pe (including
discharges to
soakaways)
Sewage:
proposed or has
been in use less
than 2 years
>15pe – 100pe
Sewage
>100 pe
Low significance
CSOs
Medium and high
significance CSO
Emergency overflows
Fish farms
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GBR
Registration
Simple licence
Complex licence
All non-commercial
fish hatcheries for
native fish
Freshwater pen fish
farms that produce ≤2
tonnes of fish per
year
Freshwater pen fish
farms that produce
>2 tonnes of fish per
year
Marine pen/tank fish
farms ≤50 tonnes
Marine pen/tank fish
farms >50 tonnes
Effluents from
commercial tank fish
farms/hatcheries with
≤0.5 tonnes of annual
fish production
Effluents from tank
fish farms/hatcheries
that produce
>0.5 tonnes of fish in
any one year
Inorganic effluents and other trade effluents used in a process
Direct
discharges of
pollutants
into
groundwater
as a result of
construction or
maintenance
works in or on
the ground
which come
into contact with
groundwater
(e.g.
pouring of
concrete
below the water
table) [GBR16]
Inorganic effluents
and other trade
effluents including
mines and quarries,
airport run-off
containing de-icer,
contaminated
groundwater and
discharges from
swimming pools or
discharge of hot tub
effluent from a
premises to surface
water or the
discharge of hot tub
effluent from a
premises with more
than one hot tub to
Inorganic effluents
and other trade
effluents, including
from mines and
quarries, airport run-
off containing de-icer,
contaminated
groundwater, landfill
leachate and
discharges from
swimming pools or
from a site with more
than one hot tub
Volume
m
3
/d
pe
≤10
and
>15-
100
>10-
100
and
≤100
Inorganic effluents
and other trade
effluents, including
from mines and
quarries, airport run-
off containing de-icer,
contaminated
groundwater,
landfill leachate and
discharges from
swimming pools or
from a site with more
than one hot tub
Volume
m
3
/d
pe
>100
or
>100
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GBR
Registration
Simple licence
Complex licence
groundwater (not
landfill leachates)
Volume
m
3
/d
pe
≤10
and
≤15
Direct discharge into
groundwater of grout
containing blaes for
the purpose of
construction or
maintenance works
Water treatment
works discharges
Discharges from dry
docks
Disposal to land of
>10m
3
/d of
disinfectant washings
in the event of a
notifiable disease
outbreak
Thermal effluents
Discharges of
groundwater from
geothermal
activities
complying with
GBR 17.
Cooling water
discharges to
transitional and
coastal waters and
discharges from
geothermal heat
pumps to the water
environment, with
Cooling water
discharges to inland
surface waters and
discharges from heat
pumps with
chemical addition..
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GBR
Registration
Simple licence
Complex licence
no chemical
addition.
All boiler blow-down
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GBR
Registration
Simple licence
Complex licence
Discharge of water run-off from a surface water drainage system to the water
environment
5
Discharge of
water run-off from
a surface water
drainage system
to the water
environment from
buildings, roads
other than
waterbound
roads, yards or
any other built
development
constructed
before 1 April
2007, unless
covered by one
of the listed
exceptions
[GBR10A]
Discharge of water
run-off from a surface
water drainage
system to the water
environment from any
motorway/trunk road
where any one outfall
serves a length of
road >1km and the
road was either
constructed before 1
April 2007 and the
footprint of the road
or its associated
infrastructure is
enlarged or otherwise
altered on or after 1
April 2007, or the
road was constructed
on or after 1 April
2007.
5
SEPA has previously used the term “surface water” to describe rain and other water run-off that flows along the surface
of the land, but it is more correctly termed “water run-off”
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PUBLIC
PUBLIC
GBR
Registration
Simple licence
Complex licence
Discharge of
water run-off from
a surface water
drainage system
to the water
environment from
buildings, roads
other than
waterbound
roads, yards or
any other built
development
constructed on or
after 1 April 2007,
unless covered
by one of the
listed exceptions
[GBR10B]
Discharge of water
run-off from a surface
water drainage
system to the water
environment from:
land of >30 hectares
used for residential
premises; industrial
estates; or land used
as a motorised
vehicle parking area
with >1,000 parking
spaces;
in each case where
constructed on or
after 1 April 2007.
Discharge of
water run-off from
a quarry or
borrow pit
constructed on or
after 1 January
2022 [GBR10C]
6
6
For the purpose of this GBR, water collecting in an excavation or quarry is water run-off unless it includes
trade or other effluent
25
PUBLIC
PUBLIC
GBR
Registration
Simple licence
Complex licence
Discharge of
water run-off from
a construction
site to the water
environment
where the site,
including any
constructed
access tracks,
does not:
(i) exceed 4
hectares;
(ii) contain a road
or track length in
excess of 5km; or
(iii) include any
area of more than
1 hectare or any
length of more
than 500 metres
on ground with a
slope in excess
of 25°.
[GBR10D]
Discharge of water
run-off from a
construction site to
the water
environment where
the site, including any
constructed access
tracks:
(i) exceeds 4
hectares;
(ii) contains a road or
track length in excess
of 5km; or
(iii) includes any area
of more than 1
hectare or any length
of more than 500
metres on ground
with a slope in excess
of 25°.
Discharge into a
surface water
drainage system
[GBR11]
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PUBLIC
PUBLIC
GBR
Registration
Simple licence
Complex licence
Discharge of
surface water from
waterbound roads
and tracks,
including during
the construction
and
maintenance of
such roads
and tracks
[GBR22]
Agricultural and forestry activities
Storage
of fertiliser, where
not regulated
by a waste
management
licence or an
activity specified
under GBR31,
GBR 32 or GBR
34, and/or the
application of any
fertiliser.
[GBR18]
Keeping of
livestock
[GBR19]
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7
GBR23(g) provides for the application of pesticides that are PPPs, near water, to invasive species outwith their native
range.
GBR
Registration
Simple licence
Complex licence
Cultivation of land
[GBR20]
Discharge of water
run-off via a
surface water
drainage system to
the water
environment as a
result of rural land
activities [GBR21]
Storage/
application
7
of
pesticides that are
plant protection
products (PPPs)
[GBR23]
The application
5
of
pesticides, which
are PPPs, within 1
metre of any river,
burn, ditch or loch,
as measured from
the top of the bank;
within 1 metre of a
wetland; or within 1
metre of any
transitional water or
coastal water as
measured from the
shoreline where;
1. the treated
plants are not
invasive species
Application of
pesticides which are
PPPs in or near
(where not controlled
by a GBR or
Registration) water to
control any plant
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GBR
Registration
Simple licence
Complex licence
outwith their
native range; and
2. no pesticide
will enter the
river, burn, ditch,
wetland, loch,
transitional water
or coastal water
Operating sheep
dipping facilities
[GBR24]
Disposal to land of
waste sheep dip or
waste plant protection
products ≤20m
3
/day
Disposal to land of
waste sheep dip or
waste plant
protection products
>20m
3
/ day
The making and
storage of silage in
bales or bulk bags
[GBR 29]
The treatment of
silage effluent
which consists
mainly of rainwater
by draining it from
a silo through a
constructed farm
wetland.
[GBR 30]
The making and
storage of silage
other than in bales
or bulk bags
[GBR 31]
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GBR
Registration
Simple licence
Complex licence
The storage of
slurry
[GBR32]
The treatment of
slurry which
consists mainly of
rainwater and
washings by
draining through a
constructed farm
wetland
[GBR 33]
Storage of liquid
digestate unless
regulated by other
regulations
[GBR 34]
Oil Storage
The storage of oil
in a portable
container with a
capacity of less
than 200 litres
[GBR26]
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PUBLIC
PUBLIC
GBR
Registration
Simple licence
Complex licence
Storage of oil on
premises used as
a private dwelling
(except where the
premises is a
vehicle or vessel),
where the oil is
stored in a
container with a
capacity of ≤ 2,500
litres and used
solely to serve a
fixed combustion
appliance
installation
providing space
heating or cooking
facilities
[GBR27]
All other storage of
oil which meets
specified
standards for
container
suitability,
secondary
containment,
ancillary
equipment and
monitoring
[GBR28]
The storage of oil for
onward distribution
which does not
comply with GBR28
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Registration Activities
1. Organic effluents (including discharge to soakaways) that, prior to treatment, have an
organic loading of 15 or less population equivalents (pe).
2. Sewage systems (including discharge to soakaways) that have been in use for more
than 2 years serving ≤9 domestic properties or for non-domestic developments
serving ≤50pe.
3. Sewage systems (including discharge to soakaways) that have been in use for less
than 2 years serving ≤3 domestic properties or for non-domestic developments
serving ≤15pe. Full details on how to calculate the pe for non-domestic
developments can be found in the British Water Code of Practice Flows and Loads-
Sizing Criteria, Treatment Capacity for Small Wastewater Treatment Systems
[Package Plants]: (https://www.britishwater.co.uk/page/Publications.
4. All non-commercial fish hatcheries for native fish.
5. Effluents from commercial fish hatcheries or tank farms with ≤0.5 tonnes of annual
fish production.
6. Inorganic and other trade effluents with a maximum daily volume ≤10 m
3
/day and
≤15pe. Landfill leachates must be authorised by either a simple or complex licence.
7. Direct discharge into groundwater of grout containing blaes for the purpose of
construction or maintenance works.
8. Disposal to land of >10m3/d of disinfectant washings in the event of a notifiable
disease outbreak.
9. Effluents from cooling water processes and discharges from geothermal heat pumps,
into which no chemicals have been added and effluents from cooling water
processes into coastal and transitional water into which no chemicals have been
added.
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10. The application of pesticides, which are plant protection products within 1 metre of
any river, burn, ditch or loch, as measured from the top of the bank; within 1 metre
of a wetland; or within 1 metre of any transitional water or coastal water as
measured from the shoreline where:
1. The treated plants are not invasive species outwith their native range
2. No pesticide will enter the river, burn, ditch, wetland, loch, transitional water or
coastal water
Simple Licence Activities
1. Organic effluents that, prior to treatment, have an organic loading >15 and ≤100
population equivalents (pe).
2. Sewage systems which have been in use for more than 2 years, with >50-100pe
or are proposed and/or been in use for less than 2 years, with >15-100pe.
3. Sewage effluent from combined sewer overflows (CSOs) and storm tank
discharges, which are of low significance:
Low significance for inland water means that a discharge is made only when the
flow in the inlet sewer exceeds ‘formula A’ and the discharge receives at least
eight times dilution (foul dry weather flow (DWF) at 5% low river flows) in the
receiving environment and where there is no interaction with other discharges.
Low significance for coastal and transitional water means not in designated
bathing waters, shellfish water, or other areas with specific water quality
requirements and where there is no interaction with other discharges.
4. Freshwater pen fish farms that produce ≤2 tonnes of fish in any one year.
5. Marine pen fish farms or discharges from marine tanks that hold no more than 50
tonnes in weight of fish at any time (can also include the discharge of chemical
treatment residues from wells boats at marine pens)
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6. Effluent from fish farm hatcheries or tank farms that produce >0.5 tonnes of fish
in any one year.
7. Inorganic effluents and other trade effluents (including those from mines and
quarries, landfill leachates and other effluents not defined elsewhere) that have a
maximum daily volume of no more than 100m3 per day, and an organic loading
prior to treatment of no more than 100 pe and where it is above the registration
criteria.
8. Effluents from water treatment works (e.g. backwash water and reject water).
Occasional discharges from water treatment works site operations (e.g. safety
shower, chlorine monitors) will normally be included in the single water use
licence for the site and not require separate authorisation. Discharges of filter
backwash waters with a volume of <1m3/day that comes from the maintenance
of abstraction equipment to a soakaway does not normally require authorisation.
9. Effluents from the dewatering of dry docks.
10. Effluents from cooling water processes to inland surface waters and from heat
pumps that involve the addition of chemicals
11. Effluents from boiler blow-down.
12. Discharge of water run-off from a surface water drainage system to the water
environment from any motorway/trunk road where any one outfall serves a
length of road >1km and the road was either constructed before 1 April 2007 and
the footprint of the road or its associated infrastructure is enlarged or otherwise
altered on or after 1 April 2007, or the road was constructed on or after 1 April
2007
8
.
8
Drainage from new or modified motorways and trunk roads should be licensed if any one outfall drains a length of >1km.
The requirement for licensing also covers drainage from major intersections from such roads, but not junctions of a major
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13. Discharge of water run-off from a surface water drainage system to the water
environment from:
• land of >30 hectares used for residential premises;
• land used as a motorised vehicle parking area with more than 1,000
parking spaces; or
• industrial estates
9
in each case where constructed on or after 1 April 2007.
14. Discharge of water run-off from a construction site to the water environment where
the site, including any constructed access tracks:
• exceeds 4 hectares; or
• contains a road or track, pipe/ services infrastructure e.g. rail line,
pipeline, power-line >5km; or
• includes any area of more than 1 hectare or any length greater than 500
metres on ground with a slope in excess of 25°.
Note the definition of area or length can include combinations of sections e.g. 3
independent sections of track 1km long plus 3km of road etc. which are under
construction and/or in use to facilitate construction at the same time and as part of
the same project or phase of a project. Further information on water run-off licensing
can be found here.
road, etc. and a minor road. ‘Modified’ in this context means major work, such as the addition of an extra lane and would
not cover retarring of roads etc. Each outfall draining a length of >1km needs a licence. For example, a length of new
motorway with 20 surface water outfalls, five of which drain lengths of >1 km, would require an application for a licence
incorporating five associated activities.
9
‘Industrial estates’ does not include business parks (offices) or retail parks (shops); these are considered on the basis of
the number of car parking spaces. An industrial estate would normally include marshalling yards, lorry parks and
distribution depots, including ports, but does not include developments of low significance consisting of one or several
small units.
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15. The application of pesticides which are plant protection products in or near water, on
land within 50m of any spring that supplies water for human consumption, within
50m of any uncapped well or borehole or there is an abstraction intended for human
consumption within 250m downstream of the pesticide application.
16. All activities involving the disposal of waste sheep dip or waste plant protection
products onto or into land, where the proposed total volume is ≤20m
3
per day.
17. The storage of oil for onward distribution which does not comply with GBR28.
Complex Licence Activities
1. Sewage and organic effluents that, prior to treatment, have an organic loading more
than 100 population equivalent (pe).
2. Sewage effluent from storm tanks and combined storm sewage overflows that are
not considered to be of low significance (as defined above).
3. Effluent from emergency overflows.
4. Freshwater pen fish farms producing >2 tonnes of fish in any year.
5. Marine pen fish farms or effluents from marine tanks which hold >50 tonnes in weight
of fish at any time (can also include the discharge of chemical treatment residues
from well boats at marine pens).
6. Inorganic effluents and other trade effluents (including those from mines and
quarries, landfill leachates and other effluents not defined elsewhere), that either
have a maximum daily volume >100m
3
per day or an organic loading prior to
treatment of >100pe.
7. All activities involving the disposal of waste sheep dip and waste plant protection
products onto or into land, where the proposed total volume is >20m
3
per day.
3.4 Pollution control – General Binding Rules
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As described in Section 2, CAR contains General Binding Rules (GBRs) for specific low risk
activities. When an activity complies with the relevant GBR, there is no need to contact
SEPA or apply for a formal authorisation.
Compliance with the GBR is treated as compliance with an authorisation under CAR. SEPA
may ask to be satisfied that a GBR is appropriate for a given activity, when consulted as a
statutory consultee on a planning application under the Town and Country Planning
System.
Note: If you will be unable to comply with one or more of the general binding rules
applicable to your proposed activity, you may still be able to carry out the activity by
obtaining an authorisation from SEPA in the form of a registration or water use licence.
The GBRs are outlined below. For ease of interpretation, the format and language in this
practical guide may differ slightly from the exact wording in CAR. If you are unclear about
an activity or its associated GBRs, you are advised to consult Schedule 3 of CAR.
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GBR10A:
The discharge of water run-off from a surface water drainage system to the water
environment from buildings, roads other than waterbound roads, yards, or any
other built development constructed before 1 April 2007, with the exception of run-
off from any motorway or trunk road where—
i. any one outfall serves a length of road greater than 1km, and
ii. the footprint of the road or its associated infrastructure is enlarged or
otherwise altered on or after 1 April 2007.
Rules:
a) All reasonable steps must be taken to ensure that the discharge does not result in
pollution of the water environment,
b) the discharge must not—
i) contain any trade effluent or domestic sewage,
ii) result in visible discolouration, iridescence, foaming or sewage fungus in the
water environment, or
iii) contain any water run-off from a construction site,
c) the discharge must not result in the destabilisation of the banks or bed of the receiving
surface water,
d) all facilities with which the surface water drainage system is equipped to avoid
pollution, including oil interceptors, silt traps and SUD system attenuation, settlement
and treatment facilities, must be maintained in good order and repair,
e) all reasonable steps must be taken to ensure that any matter liable to block, obstruct,
or otherwise impair the ability of the surface water drainage system to avoid pollution
of the water environment is prevented from entering the drainage system.
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GBR10B:
The discharge of water run-off from a surface water drainage system to the water
environment from buildings, roads other than waterbound roads, yards, or any
other built development constructed on or after 1 April 2007, with the exception of
run-off from—
i) land of more than 30 hectares which is used for residential premises,
ii) industrial estates,
iii) land used as a motorised vehicle parking area with more than 1,000 parking
spaces,
iv) motorways and trunk roads where any one outfall serves a length of road
greater than 1km.
Rules:
a) All reasonable steps must be taken to ensure that the discharge does not result in
pollution of the water environment,
b) the discharge must not—
i) contain any trade effluent or domestic sewage,
ii) result in visible discolouration, iridescence, foaming or sewage fungus in the water
environment, or
iii) contain any water run-off from a construction site,
c) the discharge must not result in the destabilisation of the banks or bed of the receiving
surface water,
d) the development must be drained by a SUD system equipped to avoid pollution of the
water environment, unless—
i) the run-off is from a development that is a single dwelling and its curtilage, or
ii) the discharge is to coastal water,
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GBR10B rules continued:
e) the discharge must not contain any water run-off from—
i) any fuel delivery areas constructed on or after 1 April 2007, or any areas where
vehicles, plant and equipment are refuelled constructed on or after 1 April 2007,
ii) vehicle loading or unloading bays constructed on or after 1 April 2007 where
potentially polluting matter is handled, or
iii) oil and chemical storage handling and delivery areas constructed on or after 1
April 2007,
f) all facilities with which the surface water drainage system is equipped to avoid
pollution, including oil interceptors, silt traps and SUD system attenuation, settlement
and treatment facilities, must be maintained in good order and repair,
g) all reasonable steps must be taken to ensure that any matter liable to block, obstruct,
or otherwise impair the ability of the surface water drainage system to avoid pollution
of the water environment is prevented from entering the drainage system.
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GBR10C:
The discharge of water run-off from a quarry or borrow pit constructed on or after 1
January 2022.
Rules:
a) All reasonable steps must be taken to ensure that the discharge does not result in
pollution of the water environment,
b) the discharge must not—
i) contain any trade effluent or domestic sewage, or
ii) result in visible discolouration, iridescence, foaming or sewage fungus in the
water environment,
c) the discharge must not result in the destabilisation of the banks or bed of the receiving
surface water,
d) the discharge must not contain any water run-off from—
i) any fuel delivery areas constructed on or after 1 April 2007, or any areas where
vehicles, plant and equipment are refuelled constructed on or after 1 April 2007,
ii) vehicle loading or unloading bays constructed on or after 1 April 2007 where
potentially polluting matter is handled, or
iii) oil and chemical storage handling and delivery areas constructed on or after 1
April 2007,
e) the quarry or borrow pit must be drained by a SUD system or equivalent system
equipped to avoid pollution of the water environment,
f) all facilities with which the surface water drainage system is equipped to avoid
pollution, including oil interceptors, silt traps and SUD system attenuation, settlement
and treatment facilities, must be maintained in good order and repair,
g) all reasonable steps must be taken to ensure that any matter liable to block, obstruct,
or otherwise impair the ability of the surface water drainage system to avoid pollution
of the water environment is prevented from entering the drainage system.
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GBR10D:
The discharge of water run-off from a construction site to the water environment
where the site, including any constructed access tracks, does not—
i) exceed 4 hectares,
ii) contain a road or track length in excess of 5km, or
iii) include any area of more than 1 hectare or any length of more than 500
metres on ground with a slope in excess of 25°.
Rules:
a) All reasonable steps must be taken to ensure that the discharge does not result in
pollution of the water environment,
b) the discharge must not—
i) contain any trade effluent or domestic sewage, or
ii) result in visible discolouration, iridescence, foaming or sewage fungus in the
water environment,
c) the discharge must not result in the destabilisation of the banks or bed of the receiving
surface water,
d) the discharge must not contain any water run-off from any built developments, unless
during construction those developments are drained by a SUD system or equivalent
system equipped to avoid pollution of the water environment,
e) the discharge must not contain any water run-off from—
i) any fuel delivery areas constructed on or after 1 April 2007, or any areas where
vehicles, plant and equipment are refuelled constructed on or after 1 April 2007,
ii) vehicle loading or unloading bays constructed on or after 1 April 2007 where
potentially polluting matter is handled, or
iii) oil and chemical storage handling and delivery areas constructed on or after 1
April 2007,
f) all parts of a construction site on which—
i) operations first commenced on or after 1 June 2018, and
ii) any works are to be undertaken, or any vehicles are to be operated or parked,
must be drained by a surface water drainage system with capacity to
accommodate the maximum volume of run-off that would reasonably be expected
to occur from that land during the period of construction,
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GBR10D rules continued:
g) all facilities with which the surface water drainage system is equipped to avoid
pollution, including oil interceptors, silt traps and SUD system attenuation, settlement
and treatment facilities, must be maintained in good order and repair,
h) all reasonable steps must be taken to ensure that any matter liable to block, obstruct,
or otherwise impair the ability of the surface water drainage system to avoid pollution
of the water environment is prevented from entering the drainage system.
GBR11: Discharge into a surface water drainage system
Rules:
a) Oil, paint thinners, pesticides, detergents, disinfectants or other pollutants must not
be disposed of into a surface water drainage system or onto any surface that drains
into a surface water drainage system;
b) any matter liable to block, obstruct or otherwise impair the ability of the surface water
drainage system to avoid pollution of the water environment must not be disposed of
into a surface water drainage system or onto a surface that drains into a surface
water drainage system;
c) domestic sewage or trade effluent must not be discharged into any surface water
drainage system; and
d) on construction sites, any area of exposed soil from which the discharge of water
run-off to the water environment is authorised under activity 10D, and the period of
time during which such soil is exposed, must be the minimum required to facilitate
the construction works being undertaken at that site.
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GBR16:
Direct discharge of pollutants into groundwater as a result of construction or
maintenance works in or on the ground, which come into contact with
groundwater
Rules:
a) No solid or liquid materials coming into contact with groundwater shall contain
substances listed in CAR Schedule 2 (except drilling fluids used during the works,
provided they do not result in pollution of the water environment).
b) No materials coming into contact with groundwater shall cause pollution of the water
environment.
Pulverised Fuel Ash (PFA) is often a component of grout used to stabilise underground
mine workings and operators should be aware that it may contain substances listed in
Schedule 2 of CAR. SEPA therefore recommends that the operator or their agent assesses
whether the use of PFA in grout will meet the requirements of GBR16. Acceptable
assessments will be in line with the guidance document entitled ‘BRE488 Stabilising Mine
Workings with PFA Grouts – Environmental Code of Practice (2006)’, which includes a
methodology for assessing the risks to groundwater from PFA grouts.
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GBR18: The storage
10
and application of fertiliser
Rules:
a) No fertiliser may be stored, including temporarily in a mobile tank or bowser, on land
that:
i. is within 10 metres of any-
• river, burn, ditch or loch, as measured from the top of the bank;
• wetland; or
• transitional water or coastal water, as measured from the shoreline;
ii. is within 50 metres of any-
• spring that supplies water for human consumption; or
• well or borehole that is not capped in such a way so as to prevent the
ingress of water;
iii. is waterlogged;
iv. has an average soil depth of less than 40cm and overlies gravel or fissured
rock, unless the fertiliser is stored in an impermeable container; or
v. is sloping (unless the fertiliser is inorganic or it is ensured that any run-off of
fertiliser is intercepted (by means of a sufficient buffer zone or otherwise) to
prevent it from entering any river, burn, ditch, wetland, loch, transitional water or
coastal water towards which the land slopes).
Rule (a) does not apply where the fertiliser is stored in a building which is constructed
and maintained to such a standard as is necessary to prevent run-off or seepage of
fertiliser from the building.
10
Unless (i) the storage is regulated by a waste management licence in terms of section 35 of the Environmental Protection Act
1990 or (ii) it is an activity specified at GBRs 31, 32, or 34.
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GBR18 rules continued (rule b deleted in 2021 amendment):
c) any storage system used to store liquid sewage sludge must be maintained in
such a condition that no sewage sludge escapes from the system.
d) inorganic liquid fertiliser must only be stored in a rigid, impermeable tank that:
i. has a lockable, double valve on the outlet that is closed and locked when the
tank is unattended;
ii. is located above ground; and
iii. is protected from vehicle collision;
e) inorganic liquid fertiliser must not be stored in a field unless contained in a tank,
bowser or spreading equipment:
i. whose hatches and lids are securely closed and whose outlets are securely
closed and locked, except when the fertiliser is being transferred or applied;
ii. that is held on a support in such a way that it cannot become dislodged; and
iii. that is on a support which is stable under the fully loaded weight of the tank or
bowser and cannot itself become dislodged;
f) when any inorganic liquid fertiliser, liquid digestate or liquid sewage sludge is being
transferred to a tank, bowser or spreading equipment, all reasonable steps must be
taken to prevent any spillage or leakage entering the water environment;
g) no organic fertiliser maybe applied to land that-
i. is within 10 metres of any-
• river, burn, ditch or loch, as measured from the top of the bank;
• wetland;
• transitional water or coastal water, as measured from the shoreline; or
• opening into any surface water drainage system;
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GBR18 rules continued:
ii. is within 50 metres of any-
• spring that supplies water for human consumption; or
• well or borehole that is not capped in such a way so as to prevent the ingress
of water;
iii. has an average soil depth of less than 40cm and overlies gravel or fissured
rock, except where the application is for forestry operations;
iv. is frozen (except where the fertiliser is farm yard manure) waterlogged or
covered in snow; or
v. is sloping, unless it is ensured that any run-off of fertiliser is intercepted (by
means of a sufficient buffer zone or otherwise) to prevent it from entering any
river, burn, ditch, wetland, loch, transitional water or coastal water towards
which the land slopes;
h) no inorganic fertiliser may be applied to land that-
i. is within 2 metres of any-
• river, burn, ditch or loch, as measured from the top of the bank;
• wetland;
• transitional water or coastal water, as measured from the shoreline; or
• opening into any surface water drainage system;
ii. is within 5 metres of any-
• spring that supplies water for human consumption, or
• well or borehole that is not capped in such a way so as to prevent the ingress
of water;
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GBR18 rules continued:
iii. has an average soil depth of less than 40cm and overlies gravel or fissured
rock, except where the application is for forestry operations;
iv. is frozen waterlogged or covered in snow;
v. is sloping, unless it is ensured that any run-off of fertiliser is intercepted (by
means of a sufficient buffer zone or otherwise) to prevent it from entering any
river, burn, ditch, wetland, loch, transitional water or coastal water towards
which the land slopes.
i) fertilisers must not be applied to land:
i. in such amounts that the crop requirement for nitrogen is exceeded;
ii. in excess of the amount required to maintain the soil phosphorus status at
acceptable agronomic levels; or
iii. during heavy rainfall or where heavy rainfall is forecast within 24 hours.
j) dewatered digestate or dewatered sewage sludge must be stored:
i. in such a way that it is securely contained so that any escape or run-off is
prevented; or
ii. in a heap which is protected from the ingress of water;
k) if dewatered digestate or dewatered sewage sludge is stored in a heap in field, it
must be applied to land within 6 months of the commencement of the storage;
l) any equipment used to apply fertiliser must be maintained in a good state of repair;
m) fertiliser must be applied on land in such a way and at such times that the risk of
pollution of the water environment is minimised;
n) where organic fertilisers are to be applied to land—
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GBR18 rules continued:
a risk assessment must be carried out in respect of that land, including the
preparation of a map of the farm which clearly shows—
1) the delineation of every field,
2) the area of every field in hectares,
3) the location of all surface water, springs, wells, boreholes storage tanks or
any other structures sunk into underground strata for the purpose of
providing a water supply,
4) any area of land with a slope of 12 degrees or more,
5) the location of any field heaps,
6) areas where organic fertiliser must not be applied in accordance with
paragraph (g)(i), (ii), (iii) and (v), and
7) any other area of high risk to the water environment,
ii. the person carrying out the application of organic fertilisers must be provided with
the map for the area to which fertiliser is being applied,
iii. field heaps of organic fertilisers must not be located in any area identified on the
map in accordance with points (i)(3), (6) or (7), above; and
o) If slurry is—
(a) applied by contractors,
(b) applied on farms with more than 100 milking cows or 200 beef cattle livestock
units, or
(c) applied on pig units with more than 800 fattening pigs or 800 sows,
the slurry must be applied using precision equipment from 1 January 2023. Otherwise,
slurry must be applied using precision equipment from 1 January 2027.
In situations where slurry does not need to be applied using precision equipment until 1
January 2027, slurry must not be applied by means of a raised splash plate or rain gun
after 1 January 2023.
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GBR18 rules continued:
In calculating the number of beef cattle livestock units on the farm for the purposes of this
rule an animal of 2 years and older is 1 unit, and an animal under 2 years old is 0.5 of a
unit.
In all cases, liquid digestate must be applied using precision equipment from 1 January
2023.
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GBR19: Keeping of livestock
Rules:
a) Significant erosion or poaching of any land that is within 5m of any-
i. river, burn, ditch or loch as measured from the top of the bank;
ii. wetland;
iii. spring that supplies water for human consumption;
iv. well or borehole that is not capped in such a way so as to prevent ingress of
water; or
v. transitional water or coastal water, as measured from the shoreline,
must be prevented;
b) livestock must be prevented from entering any land that is within 5m of a spring that
supplies water for human consumption or any well or borehole that is not capped in
such a way as to prevent ingress of water;
c) livestock feeders must not be positioned within 10 metres of any-
i. river, burn, ditch or loch as measured from the top of the bank;
ii. wetland;
iii. spring that supplies water for human consumption;
iv. well or borehole that is not capped in such a way so as to prevent ingress of
water; or
v. transitional water or coastal water as measure from the shoreline; and
d) run-off from land on which livestock congregate to access watering points or feeders
must be intercepted (by means of a sufficient buffer zone or otherwise) such that any
faeces, urine or soil in the run-off are prevented from entering any spring, well,
borehole, surface water or wetland.
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GBR20: Cultivation of land
Rules:
a) No land may be cultivated for crops that is-
i. within 2m of any-
1) river, burn, ditch, or loch, as measured from the top of the bank;
2) wetland; or
3) transitional water or coastal water, as measured from the shoreline;
ii. within 5m of any-
1) spring that supplies water for human consumption; or
2) well or borehole that is not capped in such a way so as to prevent the ingress
of water; or
iii. waterlogged;
b) moling of land must not be carried out on slopes that:
i. have an overall gradient in excess of 4.5°; and
ii. slope towards any surface water or wetland; and
c) land must be cultivated in a way that minimises the risk of pollution to surface water
or wetland.
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GBR21:
The discharge of water run-off via a surface water drainage system to the water
environment as a result of rural land activities (without prejudice to the operation of
activities covered by GBR10A, 10B, 10C and 10D, and the rules related to them)
Rules:
a) Water must be discharged in a way which minimises the risk of pollution of any river,
burn, ditch, wetland, loch, transitional water or coastal water; and
b) no discharge from drainage may result in the destabilisation of the banks or bed of the
receiving river, burn, ditch, wetland, loch, transitional water or coastal water.
GBR22:
The discharge of surface water from waterbound roads and tracks to the water
environment, including during the construction and maintenance of such roads
and tracks.
Rules:
a) All reasonable steps must be taken to ensure that any discharge does not result in
pollution of the water environment,
b) any discharge must not result in visible discolouration, iridescence, foaming or sewage
fungus in the water environment, and
c) any discharge must not result in the destabilisation of the banks or bed of the receiving
surface water.
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GBR23:
The storage and application of pesticides that are plant protection products
Rules:
a) The preparation of pesticide for application and the filling, cleaning or maintenance of
pesticide sprayers or other devices used to apply pesticides:
i. must be undertaken in a manner which prevents any spillages, run-off or
washings from entering any surface water or wetland; and
ii. must not be undertaken within 10 metres of any-
1) river, burn, ditch or loch, as measured from the top of the bank;
2) wetland;
3) transitional water or coastal water, as measured from the shoreline; or
4) opening into a surface water drainage system;
b) pesticide sprayers and other devices used to apply pesticides must be maintained in
a good state of repair, such that there is no leakage of pesticide from any part of the
equipment and the sprayer is calibrated to accurately deliver the required application
rate;
c) pesticide sprayers and other devices used to apply pesticide must not be filled with
water taken from any river, burn, ditch, wetland or loch unless:
i. a device preventing back siphoning is fitted to the system; or
ii. the water is first placed in an intermediate container;
d) pesticide-treated plants must not be stored or soaked in any river, burn, ditch,
wetland, or loch;
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GBR23 rules continued:
e) pesticide must be applied in accordance with the terms and instructions of the
relevant product approval;
f) unless in accordance with paragraph (g), pesticide must not be applied in, onto or
over ground or allowed to drift onto or over ground-
i. that is frozen, snow covered or waterlogged, except where the application in,
onto or over waterlogged ground is necessary for the purpose of controlling
fungal disease and all precautions are taken to minimise the risk of pesticide
entering any river, burn, ditch, wetland, loch, transitional water or coastal water;
ii. that is within 1m of any river, burn, ditch, wetland or loch, as measured from the
top of the bank, or within 1m of any transitional water or coastal water as
measured from the shoreline;
iii. that is sloping, unless it is ensured that any run-off of pesticide is intercepted (by
means of a sufficient buffer zone or otherwise) to prevent it from entering any
river, burn, ditch, wetland, loch, transitional water or coastal water towards
which the land slopes;
iv. that is within 50m of any spring that supplies water for human consumption;
v. that is within 50 metres of any well or borehole unless the well or borehole is
capped in such a way as to prevent the ingress of the pesticide;
vi. that has an impermeable surface which drains directly to a surface water
drainage system, unless measures are taken to minimise the risk of pesticides
entering the drainage system; or
vii. along roads, railway lines, permeable surfaces or other infrastructure, unless
measures are taken to minimise the risk of pollution of any river, burn, ditch,
wetland, loch, transitional water, coastal water or surface water drainage
system; and
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GBR23 rules continued:
g) pesticide may be applied within 1 metre of any river, burn, ditch or loch, as measured
from the top of the bank; within 1 metre of any wetland; or within 1 metre of any
transitional water or coastal water as measured from the shoreline where-
i. they are specifically approved for aquatic use under Regulation (EC) No
1107/2009 of the European Parliament and of the Council concerning the
placing of plant protection products on the market and repealing Council
Directives 79/117/EEC and 91/414/EEC(a) and are applied in accordance with
the terms of that approval;
ii. the application is for the sole purpose of controlling an invasive species of plant
outwith its native range;
iii. no pesticide enters the river, burn, ditch, wetland, loch, transitional water or
coastal water;
iv. the ground over or onto which pesticide is applied is not frozen snow covered or
waterlogged;
v. the ground over or onto which plant protection product is applied is not an
impermeable surface which drains directly into a surface water drainage system
unless measures are taken to minimise the risk of pesticide entering the
drainage system;
vi. the ground over or onto which pesticide is applied is not within 50 metres of any
spring that supplies water for human consumption;
vii. the ground over or onto which pesticide is applied is not within 50 metres of any
well or borehole unless the well or borehole is capped in such a way as to
prevent the ingress of the pesticide;
viii. the application, including the method used, is designed to minimise damage to
other, non-target vegetation;
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GBR23 rules continued:
ix. all necessary steps are taken to ensure that the application does not result in
increased erosion of the banks of the river, burn, or loch or the shoreline of the
transitional water or coastal water; and
x. there is no abstraction of water intended for human consumption from the-
1) river burn or ditch, within 250 metres downstream of the application; or
2) the loch or wetland within 250 metres of the application;
h) application of pesticide must be carried out in such a way, and at such times, that the
risk of pollution of any river, burn, ditch, wetland, loch, transitional water or coastal
water is minimised, in particular, pesticide must not be applied-
i. during rainfall; or
ii. during conditions when there is a risk that spray will drift or be blown outwith the
target area;
i) pesticide, including any used packaging that has been stored in contact with the
pesticide, must not be stored-
i. within 10m of any-
1) river, burn, ditch or loch, as measured from the top of the bank;
2) wetland; or
3) transitional water or coastal water as measured from the shoreline;
ii. within 50m of any spring that supplies water for human consumption; or
iii. within 50m of any well or borehole (unless the well or borehole is capped in such
a way as to prevent the ingress of any pesticide),
unless the pesticide or used packaging is stored in such a way that any leakage or
spillage and any exposed pesticide on used packaging cannot reach any river, burn,
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GBR23 rules continued:
ditch, wetland, loch, transitional water, coastal water or any opening into a surface
water drainage system, including by being transported in rainwater runoff;
j) pesticide, including any used packaging that has been stored in contact with pesticide,
must not be stored on an impermeable surface draining to a surface water drainage
system.
GBR24:
Operating sheep dip facilities and operating sheep handling facilities where:
a) sheep are held immediately after dipping;
b) pour-on parasite treatments are applied; or
c) sheep are held immediately after the application of pour-on treatments
Rules:
a) Sheep must be prevented from having access to any surface water or wetland while
there is a risk of transfer of sheep dip fluid or any pour-on parasite treatment from
their fleece to such places;
b) no mobile sheep dipping facility, or part of any sheep dipping facility constructed on or
after 1 April 2008 or sheep handling facility used for pour-on treatments constructed
on or after 1
st
January 2018, may be located within 50 metres of any-
i. river, burn, ditch; or loch as measured from the top of the bank;
ii. wetland;
iii. transitional water or coastal water, as measured from the shoreline; or
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GBR24 rules continued:
iv. well, spring or borehole;
c) sheep dipping facilities must not discharge underground and must not leak or
overspill;
d) sheep dipping facilities must not be filled with water taken from the water environment
unless-
i. a device preventing back siphoning is fitted to the system; or
ii. the water is first placed in an intermediate container; and
e) without prejudice to the continued requirement to obtain specific authorisation for the
disposal of sheep dip under CAR, sheep dip facilities must be emptied within 24
hours following completion of dipping.
GBR26:
The storage of oil in a portable container with a capacity of less than 200 litres
Rule: The container must be of sufficient strength and structural integrity so as to ensure
that it is unlikely to burst or leak in its ordinary use.
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GBR27:
The storage of oil on premises used as a private dwelling (except where
the premises is a vehicle or vessel), where the oil is–
a) stored in a container with a capacity of 2,500 litres or less; and
b) where the oil is used solely to serve a fixed combustion appliance
installation providing space heating or cooking facilities
Rules:
a) The container must be of sufficient strength and structural integrity so as to ensure
that it is unlikely to burst or leak in its ordinary use; and
b) any container which is installed or altered must comply with the requirements of any
applicable regulations under the Building (Scotland) Act 2003.
GBR28: The storage of oil on premises other than:
a) where the premises is a vehicle or vessel;
b) where the storage is:
i. an activity specified in GBR 26 or 27; or
ii. otherwise authorised under CAR;
c) in a container which is wholly underground (unless situated wholly within a
building underground)
Rules:
a) The oil must be stored in a container which is of sufficient strength and structural
integrity, and has been installed so as to ensure that it is unlikely to burst or leak in its
ordinary use
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GBR28 rules continued:
b) The container must be situated within a secondary containment system which:
i) Subject to paragraph (e), must have a capacity of not less than 110% of the
container’s storage capacity or, if there is more than one container within the
system, of not less than 110% of the largest container’s storage capacity, or
25% of the aggregate storage capacity, whichever is greater;
ii) It must be positioned, or other steps taken so as to minimise any risk of damage
to it by impact so far as it is reasonably practicable;
iii) Its base and walls must be impermeable to water and oil;
iv) Its base and walls must not be penetrated by any valve, pipe or other opening
which is used for draining the system; and
v) If a fill pipe or draw off pipe penetrates its base or any of its walls, all points at
which the pipe meets the base or walls must be adequately sealed to prevent oil
escaping from the system;
c) Any valve, filter, sight gauge, vent pipe or other equipment ancillary to the container
(other than a fill pipe or draw off pipe or a pump) must be situated with in the
secondary containment system;
d) If the connection point to a fill pipe is not within the secondary containment system, a
drip tray must be used to catch any oil spilled when the container is being filled with
oil;
e) Where any drum is used for the storage of oil in conjunction with a drip tray as a
secondary containment system, it is sufficient if the tray has a capacity of not less
than 25% of:
i) The drum’s storage capacity; or
ii) If there is more than one drum used at the same time with the tray, the aggregate
storage capacity of the drums;
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GBR28 rules continued:
f) Where a fixed tank is used for storing oil:
i) Any sight gauge must be properly supported and fitted with a valve which closes
automatically when not in use;
ii) Any fill pipe, draw off pipe or overflow pipe must:
1) Be positioned or other steps taken, so as to minimise any risk of damage by
impact so far as is reasonably practicable;
2) If made of materials which are liable to corrosion, be adequately protected
against corrosion; and
3) Not be permeable to hydrocarbon vapours;
iii) If underground, any fill pipe, draw off pipe or overflow pipe must:
1) Have no mechanical joints, except at a place where such joints care
accessible for inspection by removing a hatch or cover;
2) Be adequately protected from physical damage;
3) Have adequate facilities for detecting leaks;
4) If fitted with a leakage detection device which is continuously to monitor for
leaks the detection device must be maintained in working order and tested at
the appropriate intervals, and at least every 5 years, to ensure that it works
properly; and
5) If not fitted with a leakage detection device, must be tested for leaks before it
is first used and further tests for leaks must be performed in the case of pipes
which have mechanical joints, at least once every 5 years, and in other
cases, at least once in every 10 years;
iv) If above ground, any fill pipe, draw off pipe or overflow pipe must be properly
supported;
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GBR28 rules continued:
v) The tank must be fitted with an automatic overfill protection device (which may
include an alarm sounding device) if the filling operation is controlled from a place
where it is not reasonably practicable to observe the tank or any vent pipe;
vi) Where a screw fitting or other fixed coupling is fitted, it must be maintained in
good condition and used whenever the tank is being filled with oil;
vii) Where oil from the tank is delivered through a flexible pipe which is permanently
attached to the container or delivery pump:
1) The pipe must be fitted with a tap or valve at the delivery end which closes
automatically when not in use;
2) The tap or valve must not be capable of being fixed in the open position
unless the pipe is fitted with an automatic shut off device;
3) The pipe must-
(a) Be enclosed in a secure cabinet (equipped with a drip tray) which is
locked shut when not in use; or
(b) Have a lockable valve where it leaves the container which is locked shut
when not in use; or
(c) Be situated in premises which have appropriate security to prevent
unauthorised access; and
4) Where sub-paragraph 3(b) or (c) applies, the pipe must be kept within the
secondary containment system or positioned above an area which drains to
a suitable oil interceptor when not in use;
viii) Any pump must be:
1) Fitted with a non-return valve or an isolating device in its feed line;
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GBR28 rules continued:
2) Positioned or other steps must be taken, so as to minimise any risk of
damage to it so far as is reasonably practicable; and
3) Protected from unauthorised use; and
ix) Any permanent vent pipe, tap or valve through which oil can be discharged
from the tank to the open must be:
1) Situated within the secondary containment system;
2) Arranged so that any oil discharged from the tank other than to its intended
destination is contained within the system; and
3) In the case of a tap or valve, fitted with a lock and locked shut when not in
use; and
g) Where a mobile bowser is used for storing oil:
i) Any tap or valve permanently fixed to the bowser through which oil can be
discharged to the open must be fitted with a lock and locked shut when not in
use;
ii) Where oil is delivered through a flexible pipe which is permanently attached to
the mobile bowser:
1) The pipe must be fitted with a manually operated pump or a valve at the
delivery end which automatically closes when not in use;
2) The pump or valve must be provided with a lock and locked shut when not
in use; and
3) The pipe must be fitted with a lockable valve at the end where it leaves the
container and must be locked shut when not in use; and
iii) Any sight gauge must be secured to the mobile bowser and be fitted with a
valve or tap which must be locked in the shut position when not in use.
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GBR29:
The making and storage of silage in bales or bulk bags
Rules:
a) The bales or bulk bags must not be stored, opened, or unwrapped within 10 metres
of any—,
(i) river, burn, ditch or loch, as measured from the top of the bank,
(ii) wetland,
(iii) transitional or coastal water, as measured from the shoreline, or
(iv) opening into a surface water drain which silage effluent could enter if it were to
escape,
b) the bulk bags must—,
(i) have an impermeable membrane,
(ii) be resealed when not in use, to prevent the escape of silage effluent,
(iii) incorporate a facility to enable the removal of any excess effluent without
spillage, and
(iv) be situated on a firm level surface,
c) the bales must be wrapped and sealed into impermeable membranes or enclosed in
impermeable bags.
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GBR30:
The treatment of silage effluent which consists mainly of rainwater by draining it
from a silo through a constructed farm wetland
Rules:
Silage effluent which consists mainly of rainwater may be drained through a constructed
farm wetland only if—,
(i), the silo is open for use,
(ii), the drainage of the silage effluent from the silo to the constructed farm wetland is
direct and through a separate channel or pipe from the base of the silo,
(iii), no crop is added to the silo whilst it is open.
GBR31:
The making and storage of silage other than in bales or bulk bags
Rules:
a) Silage must be made and stored in a silo which—,
(i) complies with paragraphs (b) to (g),
(ii) if constructed, or substantially reconstructed or enlarged, on or after 1
September 1991, in addition to paragraph (a)(i), complies with paragraphs (h) to
(j),
(iii) if new (including a silo constructed from used materials), or substantially
reconstructed or enlarged on or after 1 January 2022, has a life expectancy of
at least 20 years, with proper maintenance, from its construction, reconstruction
or enlargement
b) the base of the silo must be constructed with channels to collect silage effluent
from the silo, and with channels or pipes which must drain any such silage effluent
to an effluent tank,
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GBR31 rules continued:
c) the capacity of the effluent tank must be at least:
(i) for a silo with a capacity of less than 1500m³, 20 litres for every 1m³ of silo
capacity, or
(ii) for a silo with a capacity of 1500m³ or greater, 30,000 litres plus 6.7 litres for
every 1m³ of silo capacity over 1500m³,
d) where the effluent collection system associated with the silo incorporates a system
of pumps and sumps, it must be fitted with an automatic overfill prevention device
with a dedicated electrical supply and an alarm,
e) the base of the silo, the base and walls of its effluent tank and channels, and the
walls of any pipes must be impermeable,
f) the base and any walls of the silo, its effluent tank and channels, and the walls of
any pipes must, so far as reasonably practicable, be resistant to attack by silage
effluent and, where the walls are made of earth, they must be lined with an
impermeable membrane of 1000 gauge polyethylene or a material of at least
equivalent impermeability and durability,
g) if the silo has retaining walls which are not made of earth, the stored silage level
within that silo once compacted must be no greater than the height of the retaining
wall,
h) the base of any silo constructed, or substantially reconstructed or enlarged, on or
after 1 September 1991 must, in addition to paragraph (b),
(i) comply with British Standard EN 1992-3:2006 and British Standard EN-1-1-
2004 +A1:2014 (for concrete bases), or British Standard EN 13108-4:2016 (for
hot-rolled asphalt bases),
(ii) where the silo has retaining walls made other than of earth, extend beyond
those walls,
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GBR31 rules continued:
i) where any part of an effluent tank constructed, or substantially reconstructed or
enlarged, on or after 1 September 1991 is installed below ground level, it must be
designed and constructed in accordance with the Code of Practice on Buildings and
Structures for Agriculture published by the British Standards Institution and
numbered BS 5502-22:2003+A1:2013,
j) a silo constructed, or substantially reconstructed or enlarged, on or after 1
September 1991, which has retaining walls which are not made of earth, must have
retaining walls capable of withstanding the minimum wall loadings calculated in
accordance with the Code of Practice on Buildings and Structures for Agriculture
published by the British Standards Institution and numbered BS 5502-
22:2003+A1:2013,
k) a silo constructed (including from used materials), or substantially reconstructed or
enlarged, on or after 1 January 2022, which has retaining walls which are not made
of earth, must have the maximum loadings of the silo visibly displayed on it,
l) a silo, its effluent tank, channels and any associated pipes constructed on or after 1
January 2022 must not be situated within 10 metres of any surface water or
opening into a surface water drain which silage effluent could enter if it were to
escape,
m) the silo, its effluent tank, channel and pipes must be operationally maintained to be
free of any structural defects during its lifecycle,
n) the silo must not be filled beyond the drainage channel,
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GBR31 rules continued:
o) where a silo or effluent tank is to be constructed or to be substantially rebuilt or
enlarged—,
(i) the operator must notify SEPA no later than 30 days prior to commencing the
works,
(ii) the notification under paragraph (i) must be accompanied by an engineering
plan for the works to be carried out,
(iii) the operator must retain the engineer’s final sign-off certificate for the works for
the lifetime of the silo or effluent tank, for inspection by SEPA on request.
In relation to GBR31
(A) a silo which was exempt under regulation 5 of the Control of Pollution (Silage, Slurry and Agricultural
Fuel Oil) (Scotland) Regulations 2003 immediately before 1 January 2022 is not required to comply with
the rules specified in paragraphs (a) to (g) until 1 January 2026,
(B) a silo constructed before 1 January 2022, to which paragraph (A) does not apply, is not required to
comply with the rules specified in paragraphs (a) to (j) until 1 January 2024,
(C) a silo in respect of which planning permission was granted before 1 January 2022, but which is not
constructed before that date, is not required to comply with the rules specified in paragraphs (a) to (j)
until 1 January 2024.
GBR32: The storage of slurry
Rules:
a) Where slurry is produced on the farm by housed livestock, the slurry must be stored
in a slurry storage system, liquid digestate storage system, or slurry bags which
have sufficient capacity to store the total quantity of slurry likely to be produced in—
(i) 26 weeks by housed pigs, or
(ii) 22 weeks by housed cattle,
taking account of any additional inputs to or exports from the storage as described
in paragraph (c),
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GBR32 rules continued:
b) the total quantity of slurry referred to in paragraph (a) is to be calculated by adding
up the figures produced for each type of livestock, as applicable, in accordance with
the formula for housed pigs or housed cattle, contained in regulation 7(2) of the
Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008,
c) in calculating the minimum storage capacity necessary to comply with paragraph
(a), the following figures must be included in respect of the relevant 26 or 22 week
period—
(i) the quantity of any rainfall (including any fall of snow, hail or sleet) that is likely
to enter the system (directly or indirectly) including from dungsteads, silage
pits or dirty yards,
(ii) the quantity of any cleaning water that is likely to enter the system or slurry
bag,
(iii) the likely quantity of any imported slurries and liquid digestate added to the
system or slurry bag,
(iv) the quantity of any slurry exported off farm,
d) where slurry is imported onto the farm, there must be sufficient storage capacity on
the farm to store the quantities imported during periods when application is not
authorised under GBR18 or would not comply with the requirements of the Action
Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008,
e) the capacity of any facility used for the temporary storage of slurry before it is
transferred to a slurry storage tank must be the equivalent of at least 1.5% of the
minimum on farm storage capacity in accordance with paragraph (a),
f) the slurry storage system must—
(i) comply with paragraphs (g) to (l),
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GBR32 rules continued:
(ii) where constructed, or substantially reconstructed or enlarged, on or after 1
September 1991, comply, in addition to paragraph (f)(i), with paragraphs (m)
and (n),
(iii) if new (including systems constructed from used materials), substantially
reconstructed or enlarged, on or after 1 January 2022, have a life expectancy of
at least 20 years with proper maintenance, from its construction, reconstruction
or enlargement,
g) the base and walls of any slurry storage tank, any channels and reception pit, and
the walls of any pipes, must be impermeable (except where the conditions in
paragraph (j) are complied with) and free from any cracks or structural defects,
h) where slurry flows into a channel before discharging into a reception pit, and the
flow is controlled by means of a sluice or valve, the capacity of the reception pit
must be sufficient to store the maximum quantity of slurry which can be released by
opening the sluice or valve,
i) the slurry storage tank, channels, pipes, valves, and reception pit must be
operationally maintained to be free of any structural defects during their lifecycle,
j) where the walls of the slurry storage tank are not impermeable—
(i) the base of the tank must extend beyond its walls and be provided with
channels designed and constructed so as to collect any slurry which may
escape from the tank,
(ii) the tank must have adequate provision to collect, drain and store slurry from the
channels to a slurry storage system,
k) where the slurry storage tank or reception pit is fitted with a drainage pipe—
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GBR32 rules continued:
(i) there must be two valves in series on the pipe and each valve must be capable
of stopping the flow of slurry through the pipe and must be kept shut and locked
in that position when not in use,
(ii) sub-paragraph (i) does not apply in relation to a slurry storage tank which drains
through the pipe into another slurry storage tank of equal or greater capacity or
where the tops of the tanks are at the same level,
l) where a slurry storage system has walls which are made of earth, the system must
not be filled to a level which allows less than 750 millimetres of freeboard, and in all
other cases the slurry storage tank must not be filled to a level which allows less
than 300 millimetres of freeboard,
m) the base and walls of any slurry storage tank, channels and reception pit, valves, and
the walls of any pipes, constructed, or substantially reconstructed or enlarged, on or
after 1 September 1991 must be protected against corrosion in accordance with
paragraph 7.2 of the Code of Practice on Buildings and Structures for Agriculture
published by the British Standards Institution and numbered BS 5502-
50:1993+A2:2010,
n) the base and walls of any slurry storage tank and any reception pit constructed, or
substantially reconstructed or enlarged, on or after 1 September 1991, must be
capable of withstanding characteristic loads calculated on the assumptions and in the
manner as set out in paragraph 5 of the Code of Practice on Buildings and Structures
for Agriculture published by the British Standards Institution and numbered BS 5502-
50:1993+A2:2010,
p) any slurry storage system, constructed, or substantially reconstructed or enlarged,
on or after 1 January 2022, which has walls made of earth, must be lined with an
impermeable sheet material which, with proper maintenance, slurry cannot
permeate for a period of at least 20 years,
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GBR32 rules continued:
p) a slurry storage system constructed on or after 1 January 2022 must not be situated
within 10 metres of any surface water or opening into a surface water drain which
slurry could enter into if it were to escape,
q) a slurry bag may only be used to store slurry if—
(i) the bag is constructed of impermeable material of sufficient strength and
structural integrity such that it is unlikely to burst or leak in its ordinary use, and
(ii) it is situated in a bund which complies with the following requirements—
1) the bund must be of at least equivalent capacity to the slurry bag,
2) the bund must be lined with an impermeable sheet material which, with proper
maintenance, slurry cannot permeate for a period of at least 20 years,
3) the bund must have a means of removing rainwater, and
4) other than as necessary to allow rainwater to be removed, the base and walls
of the bund must not be penetrated by any valve, pipe or other opening,
r) where a slurry storage system (including a reception pit or channels) is to be
constructed or to be substantially rebuilt or enlarged—
(i) the operator must notify SEPA no later than 30 days prior to commencing the
works,
(ii) the notification under sub-paragraph (i) must be accompanied by an
engineering plan for the works to be carried out,
(iii) the operator must retain the engineer’s final sign-off certificate for the works for
the lifetime of the slurry storage system, for inspection by SEPA on request,
s) slurry may be stored in a liquid digestate storage system which complies with GBR34
in relation to the storage of liquid digestate.
In relation to GBR32
(A) a slurry storage system which was exempt under regulation 5 of the Control of Pollution (Silage, Slurry
and Agricultural Fuel Oil) (Scotland) Regulations 2003 immediately before 1 January 2022 is not required
to comply with the rules specified in paragraphs (e) to (l) until 1 January 2026,
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(B) a slurry storage system constructed before 1 January 2022, to which paragraph (A) does not apply, is not
required to comply with the rules specified in paragraphs (e) to (n) until 1 January 2024,
(C) a slurry storage system in respect of which planning permission was granted before 1 January 2022, but
which is not constructed before that date, is not required to comply with the rules specified in paragraphs
(e) to (n) until 1 January 2024.
(D) the rules specified in paragraphs (a) to (c) do not apply where the activity takes place outside a nitrate
vulnerable zone until 1 January 2026.
GBR33:
The treatment of slurry which consists mainly of rainwater and washings by
draining through a constructed farm wetland.
Rules:
a) Slurry may be drained through a constructed farm wetland only if it consists mainly
of rainwater and washings which derive from—
(i) a midden which mainly contains farm yard manure and is situated where its
contents can be affected directly by precipitation,
(ii) any uncovered yard, used by livestock to move from one area to another but
not including areas covered by paragraph (b),
(iii) a yard which is used for the gathering or holding of livestock no more than once
a week and which can be directly affected by precipitation,
b) slurry must not be drained through a constructed farm wetland from areas—
(i) where livestock are gathered or held more than once a week, or
(ii) used for livestock movement or holding prior to, during or after being—
1) milked,
2) housed, or
3) fed,
c) slurry which contains pesticide must not be drained through a constructed farm
wetland,
d) all reasonable steps must be taken to ensure that the drainage of slurry through a
constructed farm wetland does not cause pollution of the water environment.
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Constructed farm wetlands (CFWs) are not suitable for treating more nutrient-rich effluents
or run-off containing pesticides or sheep dip. It is strongly recommended that expert advice
is sought when considering installing a CFW to ensure that the discharge does not cause
pollution of the water environment. The SEPA CFW design manual illustrates the design
standards which SEPA recommends should be considered in order to construct a robust
CFW.
GBR34:
Storage of liquid digestate unless the storage is regulated by—
(a) a waste management licence in terms of section 35 of the Environmental
Protection Act 1990,
(b) the registration of a registered exemption under the Waste Management
Licensing (Scotland) Regulations 2011,
(c) a permit in terms of regulation 11 of the Pollution Prevention and Control
(Scotland) Regulations 2012.
Rules:
a) Where liquid digestate is produced on the farm, it must be stored in a liquid
digestate storage system, slurry storage system or slurry bag which has sufficient
capacity to accommodate the volume of liquid digestate produced during periods
when application is not authorised under GBR 18 or would not comply with the
requirements of the Action Programme for Nitrate Vulnerable Zones (Scotland)
Regulations 2008,
b) where liquid digestate is imported onto a farm, it must be stored in a liquid
digestate storage system, slurry storage system or slurry bag which has sufficient
capacity to store the quantities imported during periods when application is not
authorised under GBR18 or would not comply with the requirements of the Action
Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008,
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GBR34 rules continued:
c) in calculating the required storage capacity, the following figures must be
included—
(i) the quantity of any rainfall (including any fall of snow, hail or sleet that is likely to
enter the system or slurry bag (directly or indirectly) including from dungsteads,
silage pits or dirty yards,
(ii) the quantity of any cleaning water that is likely to enter the system or slurry bag,
(iii) the quantity of any slurry from housed livestock,
(iv) the likely quantity of any imported slurries and liquid digestate added to the
system or slurry bag,
(v) the quantity of any liquid digestate exported off farm,
d) a liquid digestate storage system must,
(i) comply with paragraphs (e) to (k),
(ii) if new (including systems constructed from used materials), or substantially
reconstructed or enlarged, on or after 1 January 2022, have a life expectancy of
at least 20 years, with proper maintenance, from its construction, reconstruction
or enlargement,
e) the base and walls of the liquid digestate storage tank and the walls of any
feedstock tank, channels and pipes must be impermeable,
f) the base and walls of the liquid digestate storage tank and feedstock tank, valves
and the walls of any pipes must be protected against corrosion in accordance with
paragraph 7.2 of the Code of Practice on Buildings and Structures for Agriculture
published by the British Standards Institution and numbered BS 5502-
50:1993+A2:2010,
g) the base and walls of the liquid digestate storage tank and any feedstock tank must
be capable of withstanding characteristic loads calculated on the assumptions and
in the manner as set out in paragraph 5 of the Code of Practice on Buildings and
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GBR34 rules continued:
Structures for Agriculture published by the British Standards Institution and
numbered BS 5502-50:1993+A2:2010,
h) the liquid digestate storage system must not be situated within 10 metres of any
surface water or opening into a surface water drain which liquid digestate could
enter if it were to escape,
i) the liquid digestate tank, pipes, valves and feedstock tank must be operationally
maintained to be free of any structural defects during their lifecycle,
j) where the liquid digestate storage tank is fitted with a drainage pipe—
(i) there must be two valves in series on the pipe and each valve must be capable
of stopping the flow of liquid digestate through the pipe and must be kept shut
and locked in that position when not in use,
(ii) sub-paragraph (i) does not apply in relation to a liquid digestate storage tank
which drains through the pipe into another liquid digestate storage tank of equal
or greater capacity or where the tops of the tanks are at the same level,
k) where a liquid digestate storage system includes a lagoon with walls which are
made of earth, the lagoon must not be filled to a level which allows less than 750
millimetres of freeboard, and in all other cases the liquid digestate storage tank
must not be filled to a level which allows less than 300 millimetres of freeboard,
l) where a liquid digestate storage system constructed, or substantially reconstructed
or enlarged, on or after 1 January 2022 includes a lagoon with walls which are
made of earth, the lagoon must be lined with an impermeable sheet material which,
with proper maintenance, liquid digestate cannot permeate for a period of at least
20 years,
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GBR34 rules continued:
m) a slurry bag may only be used to store liquid digestate if—
(i) the bag is constructed of impermeable material, is of sufficient strength and
structural integrity, and is unlikely to burst or leak in its ordinary use, and
(ii) it is situated in a bund which complies with the following requirements—
1) the bund must be of at least equivalent capacity to the slurry bag,
2) the bund must be lined with an impermeable sheet material which, with
proper maintenance, liquid digestate cannot permeate for a period of at
least 20 years,
3) the bund must have a means of removing rainwater from it,
4) other than as necessary to allow rainwater to be removed, the base and
walls of the bund must not be penetrated by any valve, pipe or other
opening,
n) where a liquid digestate storage system is to be constructed or to be substantially
rebuilt or enlarged—
(i) the operator must notify SEPA no later than 30 days prior to commencing the
works,
(ii) the notification under sub-paragraph (i) must be accompanied by an engineering
plan for the works to be carried out, and
(iii) the operator must retain for the lifetime of the liquid digestate storage system,
for inspection by SEPA on request, the engineer’s final sign-off certificate for
the works,
o) liquid digestate may be stored in a slurry storage system which complies with the
requirements of GBR 32 in relation to the storage of slurry.
In relation to GBR34, a liquid digestate storage system or slurry bag storage for liquid digestate—
(a) which was constructed before 1 January 2022, or
(b) in respect of which planning permission was granted before 1 January 2022, but which is not
constructed before that date,
is not required to comply with these rules until 1 January 2024.
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4. Abstraction regime
Abstraction means the doing of anything whereby any water is removed or diverted by
mechanical means, pipe or any engineering structure or works from any part of the water
environment, whether temporarily or permanently, including anything whereby the water is
so removed or diverted for the purpose of being transferred to another part of the water
environment.
We have also included borehole construction and operation in this section as it is often
associated with abstraction, though not in all cases.
Surface water includes canals and lades. Abstractions from these are therefore controlled
activities within the scope of the CAR. Note also that feeds and take-offs from watercourses
into canals and lades are also classed as abstractions and therefore require to be
authorised.
SEPA will not require authorisation for the following abstraction activities:
• Abstraction of water from the public water supply infrastructure.
• The removal or diversion of water as a result of land drainage works. During the
construction phase, the abstraction of groundwater from the dewatering (passive or
otherwise) of road, rail or other cuttings is regulated via GBR, registration or licence
as any other abstraction would be. Once an operational final passive drainage
system is in place for the cutting, such as a pipe network to collect run off and
seepage, the activity will be treated as land drainage works and as such no further
authorisation will be required.
• The temporary abstraction of water to enable working within a river, including the
over pumping of water.
• Abstractions by vessels where the water is returned to the water environment from
the vessel.
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• Abstractions of water stored in off-line impoundments (see Section 5 for definition)
and artificial storage ponds that receive their inflow from an already authorised
abstraction. Note that an authorisation is required for an abstraction from a dug
storage pond collecting water from field drains and/or groundwater.
• Abstractions from artificial treatment systems, including Sustainable Urban
Drainage Systems (SUDS) and quarry settlement lagoons.
• Abstraction for the purposes of fire-fighting.
• Abstraction of rainwater from construction site excavations or quarries of volcanic
or metamorphic rocks (e.g. basalt, granite and schist). Note that the abstraction of
groundwater from excavations is a controlled activity to which GBR15 applies (see
Sections 4.1 and 4.3) as is the abstraction of groundwater from quarries.
Dependent activities
It is recognised that in certain circumstances a structure may have to be constructed before
an authorised activity can be carried out (e.g. an intake structure to facilitate an abstraction
or abstraction return structure). In these circumstances, SEPA treats the construction (an
engineering activity) as secondary to the primary activity and will normally authorise the
construction activity in the same authorisation document as the primary activity. This means
that SEPA will not normally require two separate applications to be made or fees to be paid,
however, SEPA will need details of any dependent activities to be submitted with the main
application.
The construction of a flood by-pass channel will be authorised as an engineering activity.
When authorising the construction of a flood by-pass channel, the diversion of flood water
into the by-pass channel will also be authorised. However, this will not be subject to
additional abstraction application fees (or abstraction subsistence charges) and will not
require a separate authorisation.
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4.1 Abstraction and Borehole Construction and Operation – levels of
authorisation
Use Table 2 and Table 3 to determine the level of authorisation applicable for abstraction
activities. The notes below each table provide supporting information.
Table 2: Surface water abstraction levels of authorisation
GBR
Registration
Simple licence
Complex licence
Inland
11
abstractions
Inland
abstractions
<10m
3
/day
[GBR2]
Inland abstractions
≥10 and ≤50m
3
/day
Inland
abstractions
>50 and
≤2000m
3
/day
Inland abstractions
>2000m
3
/day
All abstractions from
lochs where the full
amount abstracted is
returned to the same
loch
All abstractions from
offline impoundments
(e.g. storage ponds)
fed solely by field
drains
11
Inland water includes all standing or flowing water on the surface of the land (other than transitional water) and all
groundwater, within the landward limits of coastal water.
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GBR
Registration
Simple licence
Complex licence
Abstraction from coastal
12
and transitional
13
water
Coastal and
transitional water
abstractions
<10m3/
day [GBR2]
Coastal and
transitional water
abstractions of
≥10m
3
/day
Note: The rates of abstraction are the maximum peak daily abstraction on any given day.
Points of note for table 2:
Registration activities
1. Inland abstractions of 10-50m
3
surface water per day.
2. All abstractions from lochs where the full amount abstracted is returned to the same
loch.
3. All abstractions from offline impoundments (e.g. storage ponds) fed solely by field
drains.
4. All coastal and transitional water abstractions ≥10m
3
per day.
Simple licence activities
1. Inland abstractions of surface water >50 and ≤2000m
3
per day.
Complex licence activities
1. Inland abstractions of surface water >2000m
3
per day.
12
Coastal water is water between the three-mile limit and the limit of the highest tide, or the seaward limit of transitional
water.
13
Transitional water is water, other than groundwater, in the vicinity of river mouths that are partly saline as a result of
their proximity to coastal water but which are substantially influenced by freshwater flows.
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Table 3: Borehole construction and operation and groundwater abstraction levels of
authorisation
GBR
Registration
Simple licence
Complex licence
Borehole construction and operation and abstraction for the purpose of test
pumping or sampling
The construction and
operation of a borehole
which will be or is
intended to be < or
equal to 200m deep
and complies with
GBR3
Abstraction from a
borehole intended for
the abstraction of
<150m
3
/yr if the
abstraction is to test
the yield or properties
of the aquifer or to
sample the water
quality [GBR 4]
The
construction and
operation of a
borehole, and
abstraction for
the purpose of
test pumping or
sampling, where
the borehole will
be or is
intended to be <
or equal to
200m deep and
where a
registration or
licence level
abstraction is
planned
The construction and operation of a borehole
which will be or is intended to be greater than
200m in depth.
Abstraction from this borehole would be
authorised by either an appropriate GBR or
an abstraction registration or licence.
Groundwater abstractions(other than groundwater beneath coastal and transitional
waters)
Groundwater
abstractions
<10m
3
/day
[GBR2]
Groundwater
abstractions ≥10
and
≤50m
3
/day
Groundwater
abstractions
>50 and
≤2000m
3
/day
Groundwater
abstractions
>2000m
3
/day
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GBR
Registration
Simple licence
Complex licence
Groundwater abstractions below coastal and transitional waters
Groundwater
Abstractions below
coastal and transitional
waters <10m
3
/day
[GBR2]
Groundwater
Abstractions
below coastal
and transitional
waters
≥10m
3
/day
Temporary abstraction of groundwater from a construction site
Dewatering an
excavation [GBR15]
Abstraction of groundwater for geothermal energy
Abstraction and
subsequent
re-injection of
groundwater for the
purposes of extracting
geothermal energy
from the abstracted
water or for the
purpose of transferring
heat to geological
formations as part of a
cooling system
[GBR17]
Note: The rates of abstraction are the maximum peak daily abstraction on any given day.
Points of note for table 3:
Groundwater abstraction and borehole construction and operation
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SEPA will consider if multiple borehole construction and operations can be treated as a
CAR single activity where:
a. The boreholes are drilled within a small geographic area:
• Each borehole is within 150m of another borehole in the well-field; or
• The boreholes are temporary in nature* and within 850m of another borehole in the
well-field; and
b. There are no lateral wells; and
c. Activities associated with the boreholes are not likely to require further demonstration
of the integrity of the borehole. For example, boreholes subject to high pressure
fracking.
* This means that each borehole is fully backfilled and de-commissioned within 14 days of
being constructed or closed loop geothermal systems have their geothermal pipework
fully cemented within 14 days of being constructed.
Registration activities
1. Abstractions of groundwater (other than groundwater beneath coastal and transitional
waters) of 10-50m
3
per day.
2. Abstractions of groundwater below coastal and transitional waters of ≥10m
3
per day
3. The construction and operation of a borehole which will be or is intended to be < or equal
to 200m deep and where a registration or licence level abstraction is planned. If an
abstraction of between 10 and 50m
3
/d is planned, a borehole construction and operation
registration should be applied for as part of the abstraction registration. A separate
borehole construction and operation registration is required for a borehole intended for a
licence level abstraction.
Simple licence activities
1. Abstractions of groundwater (other than groundwater beneath coastal and transitional
waters) >50 and ≤2000m
3
per day.
2. The construction and operation of a borehole which will be or is intended to be greater
than 200m in depth and is temporary in nature. This means that the borehole will be fully
backfilled and de-commissioned within 14 days of being constructed. It includes closed
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loop geothermal systems where the pipework involved is fully cemented in place within
14 days of being drilled. Because of the higher risk that deep boreholes pose to
groundwater an application for a CAR licence will be required for the construction and
operation of a borehole which will be or is intended to be greater than 200m in depth.
Complex licence activities
1. Abstractions of groundwater (other than groundwater beneath coastal and transitional
waters) >2000m
3
per day.
2. The construction and operation of a borehole which will be or is intended to be greater
than 200m in depth.
4.2 Abstraction – General Binding Rules
As described in Section 2, CAR contains General Binding Rules (GBRs) for specific low risk
activities. When an activity complies with the relevant GBR, there is no need to contact
SEPA or to apply for a formal authorisation. Compliance with the GBR is treated as
compliance with an authorisation under CAR.
Note: If you will be unable to comply with one or more of the general binding rules
applicable to your proposed activity, you may still be able to carry out the activity by
obtaining an authorisation from SEPA in the form of a registration or water use licence.
The abstraction GBRs are outlined below. For ease of interpretation, the format and
language may differ slightly from the GBRs presented in CAR. If you are unclear about a
particular GBR or its rules/conditions, you are advised to consult Schedule 3 of CAR.
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GBR2: Abstraction of less than 10m
3
of water in any one day
Rules:
a) There must be a means of demonstrating that the abstraction is less than 10m
3
in
any one day (e.g. measuring the rate of abstraction) or a means of demonstrating
that the maximum volume that could be abstracted cannot exceed 10m
3
in any one
day; and
b) water leakage must be kept to a minimum by ensuring that all pipework, storage
tanks and other equipment associated with the abstraction and the use of the water
are maintained in a state of good repair.
SEPA assumes that the following controlled activities abstract less than 10m
3
per day and
fall within the scope of GBR2. Abstractions of water for:
• supplying solely domestic water to 50 people or less;
• filling water troughs for livestock;
• filling a pesticide sprayer.
GBR3: The construction, extension or operation of any well, borehole or other
works by which water may be abstracted, where such works are-
a) not intended for the purpose of abstraction;
b) intended for the abstraction of <10m³ water in any one day;
c) intended for the abstraction of <150m³ water in any period of one year, and the
purpose of the abstraction is either-
i. to test for the yield of the borehole or well or the hydraulic properties of the
aquifer; or
ii. to sample the water quality;
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GBR3 continued:
d) intended to dewater one or more excavations at-
i. a construction site for roads, buildings, pipelines or other built
developments; or
ii. a site at which the maintenance of such developments is being undertaken;
or
e) intended for the purpose of undertaking activity 17.
Rules:
a) The construction and operation of-
i. subject to b) and c), any well or borehole; and
ii. any other works,
must be such as to avoid the entry of pollutants or water of a different chemical
composition into the water environment;
b) drilling fluids may be introduced if necessary to facilitate the drilling of the well or
borehole, provided this does not result in pollution of the water environment;
c) potable water may be introduced into the well or borehole to test the hydraulic
properties of the aquifer;
d) when any well or borehole is no longer required, it must be back-filled or sealed to the
extent necessary to prevent loss of groundwater from any aquifer and to avoid the
entry of pollutants or water of a different chemical composition into any body of
groundwater; and
e) the depth of any well or borehole beneath the surface of the ground must not exceed
200 metres.
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GBR4: The abstraction from a borehole, and any subsequent discharge of
abstracted water, if the total volume abstracted is less than 150m
3
in any period of
one year and the purpose of the abstraction is either-
a) to test the yield of the borehole or well or the hydraulic properties of the
aquifer; or
b) to sample the water quality.
Rules:
a) The abstraction must not cause the entry of pollutants or water of a different chemical
composition into any body of groundwater; and
b) when the borehole is not being used for abstraction, it must be back-filled or sealed to
the extent necessary to avoid loss of groundwater from any aquifer.
GBR15: The temporary abstraction of groundwater at
a) a construction site for roads, railways, buildings, pipelines, communication
links or other built development; or
b) or a site at which maintenance of such a development is being undertaken
by means of pumping groundwater:
• directly from any excavation(s) on the site; or
• from any well or borehole on the site, to help dewater any other excavation(s)
on site,
and, where desired, the subsequent discharge of the abstracted groundwater to the
water environment.
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Rules:
a) Groundwater may only be abstracted at the site within a period of 180 days beginning
with the first day on which groundwater is abstracted at the site;
b) Other than where paragraph (g)(i) applies, groundwater must not be abstracted from
any excavations, wells or boreholes that are within 250 metres of any surface water
unless the abstracted water is discharged into the surface water at the nearest part of
the surface water to the point of abstraction and in accordance with paragraph (f) or
g(ii), as applicable;
c) Groundwater must not be abstracted from any excavations, wells or boreholes that
are within 250m of a wetland;
d) Groundwater must not be abstracted from any excavations, wells or boreholes that
are within 250m of an abstraction that is not used solely for dewatering an
excavation;
e) All reasonable steps must be taken to ensure that the quantity of sediment in the
abstracted water is minimised;
f) If the abstracted groundwater is taken directly from an excavation and this water, and
any precipitation or water run-off that has also collected in the excavation, is
discharged to the water environment, it must be discharged via a surface water
drainage system authorised under CAR subject to the consent of the person having
operational control of the system;
g) If the abstracted groundwater is taken from a borehole or well, and is discharged to
the water environment, it must be—
i) discharged directly back to the same part of the geological formation or the mine
workings from which it was abstracted, provided that the abstracted water does
not contain any radioactive substance, and that no substances are added to, or
otherwise allowed to enter, the abstracted water prior to its return, or
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GBR 15 Rules continued:
(ii) discharged via a surface water drainage system authorised under CAR subject
to the consent of the person having control of the system; and
h) All reasonable steps must be taken to ensure that the discharge of abstracted
groundwater does not result in pollution of the water environment.
Authorisation by SEPA will be needed for dewatering operations not covered by GBR15.
GBR17: The abstraction and subsequent return of groundwater for the purposes of
extracting geothermal energy from the abstracted water or for the purpose of
transferring heat to geological formations as part of a cooling system.
Rules:
a) The abstracted water must be returned to the same part of the geological formation or
the mine workings from which it was abstracted;
b) any volume of water may be abstracted but the volume of water abstracted and not
returned must not exceed 10m
3
per day;
c) no substances may be added to, or otherwise allowed to enter, the abstracted water
prior to its return to the geological formation or mine workings from with it was
abstracted;
d) there must be a means of demonstrating that the net abstraction is not more than
10m
3
in any one day;
e) water leakage must be kept to a minimum by ensuring that all pipe work, storage
tanks and other equipment associated with the abstraction and use of the water are
maintained in a good state of repair; and
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GBR 17 Rules continued:
f) the activity must not be located within 250 metres of any abstraction of water
intended for human consumption and must not prevent any abstraction of water
which is authorised under CAR.
GBR17 applies to open loop geothermal systems (i.e. where an abstraction from the water
environment occurs). A licence will be required where the borehole will be or is intended to
be >200m in depth.
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5. Impoundment regime
CAR requires authorisation for the:
a) construction or alteration of impounding works in inland water (other than
groundwater) or wetlands
b) operation of impounding works in surface water or wetlands
‘On-line’ impounding works hold back flows in wetlands, rivers, lochs and estuaries.
Consequently, they affect downstream water flows, sediment transport and migration of
fish. ‘Off-line’ impoundments are built to store water (including surface run-off, groundwater,
or land drainage) and are not on-line.
SEPA will use the impoundment regime to regulate the following aspects of on- line
impoundments:
• engineering aspects involved in construction or alteration of a dam, weir or other
works impounding inland water (other than groundwater) or wetlands;
• operation of a dam, weir or raised loch – particularly in terms of water levels,
downstream flows and fish passage in surface water or wetlands.
SEPA will not require authorisation for the following impoundment activities:
• The construction and operation of off-line impoundments. Examples include
impoundments:
o that receive their inflow from an authorised abstraction (including
impoundments constructed by farmers to hold water used for irrigation and
firewater ponds/impoundments used by industry);
o that form part of an artificial treatment system;
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o in artificial water bodies e.g. canals and lades (including locks), which hold
back flows within the canal or lade.
o The placement and operation of temporary impoundments solely for the
purpose of pollution control associated with construction and development
sites do not require authorisation.
• The construction of a weir, dam, or impoundment in inland waters (other than
groundwater) or wetlands for the purpose of peatland restoration or wetland
creation where:
a) The activity is carried out in artificial drainage channels; AND
b) The activity is not associated with an abstraction. AND
c) The impoundment is created in a watercourse less than or equal 1m wide.
Removal or modification of impoundments
Removal or modification of impoundments is a controlled activity and will require a new or
varied authorisation in accordance with the categories set out within this table (i.e. its level
of authorisation will be the same as a new structure of the same type and scale except for
GBR1 weirs which will require simple licence). Please refer to charging guidance for
details of reductions in application fee available for the removal of structures.
SEPA will only require authorisation for modifications to impounding works that have an
impact on the water environment. For example, the addition of a gantry to a dam would not
need authorisation. The retrospective fitting of a wave wall will also not require
authorisation, as long as the overall height or volume of the water stored behind the dam is
not increased. The new works must also not impact on any overflow structures or
compensation flows.
Authorisation (new or variation) will be required for any works (either temporary or
permanent) that alter the height of the dam or the maximum capacity impounded.
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Authorisation is also required if there are any impacts on structures that are for the purpose
of fish passage.
Off-line flood storage impoundments (e.g involving embankments) that collect water during
flood conditions and then release this water when river levels fall, may require authorisation
under the engineering regime (Section 6).
The removal of sediment behind a weir is covered in the engineering regime. GBR12 deals
specifically with this activity (Section 6.2). Sediment management in rivers and lochs and
other parts of the water environment is also dealt with in the engineering regime.
Dependent activities
Bed or bank reinforcement directly associated with and required for the structural integrity
of impounding works is classed as a dependent activity. Engineering activities are classed
as dependent where, in the opinion of SEPA, they are required for the structural integrity of
the primary activity. Dependent engineering activities will be authorised as part of the
primary activity. Details of dependent activities should be submitted with any application,
however they will not be subject to additional application fees and will not require a
separate authorisation.
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5.1 Impoundment – levels of authorisation
Use Table 4 to determine the level of authorisation applicable for impoundments. The notes
below the table provide supporting information.
Table 4: Impoundment levels of authorisation
GBR
Registration
Simple Licence
Complex Licence
The operation of
existing passive
weirs ≤1m high
that do not affect
the passage of
salmon or sea
trout [GBR1]
The operation of all
other weirs, dams,
raised lochs and
other impounding
works in surface
water or wetlands
Removal or
modification of
an impoundment
authorised under
GBR1 in inland water
(other than
groundwater) or
wetlands
Construction of new
impoundments ≤1m
high that do not affect
passage of salmon or
sea trout in inland
water (other than
groundwater) or
wetlands
The construction of all
other new
impoundments in inland
water (other than
groundwater) or
wetlands
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Points of note for table 4:
Simple licence activities
1. All existing weirs, dams, raised lochs and other impounding works other than those
authorised under GBR1.
2. Removal or modification of an impoundment authorised under GBR1.
3. Construction and operation of new impoundments ≤1m high which do not affect the
passage of salmon or sea trout.
Complex licence activities
Construction and operation of new impoundments other than those ≤1m high which do not
affect the passage of salmon or sea trout.
5.2 Impoundment – General Binding Rules
As described in Section 2, CAR contains General Binding Rules (GBRs) for specific low risk
activities. When an activity complies with the relevant GBR, there is no need to contact
SEPA or apply for formal authorisation. Compliance with the GBR is treated as compliance
with an authorisation under CAR.
Note: If you will be unable to comply with one or more of the general binding rules
applicable to your proposed activity, you may still be able to carry out the activity by
obtaining an authorisation from SEPA in the form of a registration or water use licence.
The impoundment GBR is outlined below. For ease of interpretation, the format and
language may differ slightly from the GBR presented in the CAR. If you are unclear about a
particular GBR or GBR condition, you are advised to consult Schedule 3 of CAR.
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GBR1: The operation of any weir that is not capable of being operated to control
the water level upstream, does not create a height differential of more than 1m
between the upstream and downstream water surfaces and was constructed before
1 April 2006.
Rule:
a) The weir must not impede the free passage of salmon and sea trout during periods
within which, in the absence of the weir, the flow of the river would be at a level
expected to permit their migration.
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6. Engineering regime
CAR requires authorisation for the carrying out of building or engineering works in:
• Inland surface water or wetlands
• the vicinity of inland surface waters or wetlands and having, or likely to have, a
significant adverse impact on the water environment.
For impoundments see section 5.
SEPA will not normally require an authorisation for the following activities:
• Engineering works below the surface of the ground only affecting groundwater.
• Engineering works in coastal and transitional waters, these are regulated by
Marine Scotland.
• Engineering works not in the vicinity of inland surface water (>10m or 2 channel
widths) which do not affect a surface dependant wetland, unless SEPA consider
there is a likelihood of significant adverse impact on the water environment.
• Engineering activities on minor watercourses, except for culverting for land-gain,
dredging and permanent diversions/realignments. A minor watercourse is one not
shown on the 1:50,000 scale Ordnance Survey maps (Landranger series).
• Construction and maintenance of land drainage works (including road drains and
field drains) that do not affect a natural watercourse. see guidance on activities
affecting drainage ditches
• The removal or management of in-stream or bankside (riparian) vegetation and
instream debris/rubbish including fallen trees. See Good Practice Guide –Riparian
Vegetation Management.
• All works in inland wetlands, where the wetland is not directly associated with a
river, loch or artificial water body. (also see box below)
• Activities the subject of, and carried out in accordance with a SEPA Regulatory
Position Statement. See those for gold panning, pipelines, fences and placement
of large wood here.
• Certain maintenance, repair, removal and replacements activities (see table below)
Note You must always ensure you do not cause pollution. If in doubt whether your
activity requires authorisation under CAR, please contact your local SEPA office.
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Maintenance, Repair, Removal and Replacement
Certain maintenance, repair, removal and replacements activities may require
authorisation. Maintenance or repair means any work needed to keep structures in the state
of repair necessary to ensure that they can continue to serve their normal, intended
functions. It does not include fully replacing a natural bed with an artificial bed to prevent
scour.
The table below sets out where authorisation is required:
Maintenance, Repair, Removal & Replacement of Existing Structures*
Note this table does not apply to impoundments or sediment management activities
1. Maintenance, repair or partial
(<50%**) replacement:
2. All removals**** or complete or
significant (>=50%**) replacement:
Where there is:
• No increase in footprint**
• No alteration in bank height
• No alteration in natural bed level
• No alteration in channel width
• which uses equivalent materials and
remains same activity type
Where there is:
• No increase in footprint**
• No alteration in bank height
• No alteration in natural bed level
• No alteration in channel width
• which uses equivalent materials and
remains same activity type
1a: all the criteria
above apply***
1b: cannot
comply with all
criteria above
2a: all the criteria
above apply
2b: cannot comply
with all criteria above
Must comply with
any applicable GBR
including GBR 9,
no additional
authorisation required.
(must not cause
pollution)
Authorise at level
in Table 5
Authorise at level in
Table 5
Authorise at level in
Table 5
* includes failed and abandoned structures no longer serving their intended purpose.
** length of structure in its current, or recent, form.
*** except when bed reinforcement, which is no more than 1m from the base of that
structure or 10% of the bed width whichever is the lesser, to protect an existing structure is
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being installed This activity will be considered maintenance.**** Please refer to charging
guidance for details of reductions in application fees available for the removal of structures.
Guidance on activities in the vicinity of inland surface waters and activities affecting
surface water dependent wetlands.
Building and development in the vicinity (within 10 metres or 2 channel widths whichever is
shorter)) of inland surface waters and wetlands will not normally require authorisation, unless
SEPA considers there is a likelihood of significant adverse impact on the water environment.
Activities that may require authorisation include land-raising or lowering.
Activities that can directly affect the quality of surface water dependent wetlands that require
authorisation include drainage operations (dredging or excavation of drainage channels),
removal of sediment through excavation, or changing elevations using fill material.
Dependent activities
It is recognised that in certain circumstances a structure may have to be constructed before
an authorised activity can be carried out (e.g. a new outfall pipe to facilitate a point source
discharge or an intake structure to facilitate an abstraction). In these circumstances, SEPA
treats the construction (an engineering activity) as secondary to the primary activity and will
normally authorise the construction activity in the same authorisation document as the
primary activity. This means that SEPA will not normally require two separate applications
to be made or fees to be paid, however, SEPA will need details of any dependent activities
to be submitted with the main application.
The construction of a flood by-pass channel will be authorised as an engineering activity.
When authorising the construction of a flood by-pass channel, the diversion of flood water
into the by-pass channel will also be authorised. However, this will not be subject to
additional abstraction application fees (or abstraction subsistence charges) and will not
require a separate authorisation.
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Other Agencies and Requirements
Note that before carrying out any engineering activity additional consents may be required
from other authorities, such as planning permission or permission associated with
conservation areas or protected species.
A list of other agencies and their roles and responsibilities is summarised here.
6.1 Engineering – levels of authorisation
Use Table 5 to determine the level of authorisation applicable for engineering activities. The
notes below the table provide supporting information.
Table 5: Engineering levels of authorisation
GBR
Registration
Simple licence
Complex licence
Sediment management
Dredging in
a previously
straightened
river,
burn or ditch with
an average bed
width of <1m
along the stretch
to be worked
[GBR5]
Removal of sand,
silt or clay from the
bed of previously
straightened rivers
and burns which are
≥1m and <5m
wide*. Up to 500m
length along the bed
may be removed
(Activity L)
Sediment
management
in canals, lades and
other artificial inland
surface water
(Activity A)
All other sediment
management ≤50m
in length in rivers
>3m wide*
All other sediment
management >50m in
length in rivers >3m
wide*
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GBR
Registration
Simple licence
Complex licence
Sediment
management
within
10m upstream of
a
Weir [GBR12]
Sediment
management
within 10m of a
bridge
(Activity B)
All other sediment
management in
rivers ≤3m wide*
and wetlands
Sediment
management
within
10m of a closed
culvert [GBR13]
Sediment
management in
open culverts ≤2m
wide*
(Activity C)
All other sediment
management
≤500m
2
in total area
on lochs
All other sediment
management >500m
2
in total area on lochs
Sediment
management
within 5m of an
outfall or intake
[GBR13]
Removal of
sediment from
individual and
discrete areas of
exposed sediment
such as gravel bars
within a length of
river or burn not
exceeding 1
kilometre
(Activity K)
Bank reinforcement, embankments, floodwalls and other bank modifications
Green bank
reinforcement or
reprofiling ≤10m
or
≤ one channel
width in length
Green bank
reinforcement
(Activity D)
or re-profiling
(Activity E) ≤50m in
length
All other green bank
reinforcement or
reprofiling
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GBR
Registration
Simple licence
Complex licence
(whichever is
greater) [GBR8]
The placement of
trees or parts of
trees in any river,
burn or ditch to
protect eroding
banks [GBR25]
Grey bank
reinforcement ≤20m
associated with an
existing manmade
structure
(Activity O)
Grey bank
reinforcement,
floodwalls and
embankments
1
≤100m in length in
rivers >3m wide*
and lochs
All other grey bank
reinforcement,
floodwalls and
embankments
1
in rivers
>3m wide* and lochs
All grey bank
reinforcement,
floodwalls and
embankments
1
in
rivers ≤3m wide*
Bridges and other types of crossing structures
Minor bridges
with no
construction on
bed
or banks [GBR6]
Bridges with no
construction on bed
and ≤20m of total
bank affected
2
(Activity F)
All other bridges,
fords and
causeways
Temporary
bridges in
rivers <5m wide
[GBR6]
Closed culverts
used for footpaths,
cycle route, single
track roads or single
track railways in
rivers ≤2m wide*.
(Activity G)
All other closed
culverts used for
crossings
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GBR
Registration
Simple licence
Complex licence
Pipeline or cable
crossings by
boring
beneath the bed
of
inland surface
water
[GBR7]
Pipeline or cable
crossings beneath
bed by isolated
open-cut or mole
plough.
(Activity H)
All other pipeline or
cable crossings, e.g.
by direct open cut or
laid on channel bed
In-stream or in-loch structures
Boulder
placement
in a river or burn
(occupying <10%
of
channel width)
[GBR14]
Bed reinforcement
≤10m in length
downstream of
closed culverts
(Activity I)
All other in-stream
structures in rivers
>3m wide* affecting
≤50m of river length
All other in-stream
structures in rivers >3m
wide* affecting >50m of
river length
All other in-stream
structures in rivers
≤3m wide*
In-loch structures
with total area
≤50m
2
(Activity J)
In-loch structures
with total area
≤500m
2
In-loch structures with
total area >500m
2
Channel modifications
All diversions,
realignment, flood
by-pass channels
and culverting for
land gain on rivers
≤3m wide*
All diversions,
realignment, flood
by-pass channels and
culverting for land gain
on rivers >3m wide*
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GBR
Registration
Simple licence
Complex licence
Other activities
Construction and
maintenance of a
surface water
drainage system
outfall [GBR6]
Operating
vehicles, plant or
machinery in or
near surface
water or wetland
for purpose of
carrying out any
other GBR
activity and /or
maintenance of
an existing
structure [GBR 9]
Other controlled
engineering
activities
not defined
elsewhere
in the table
Rem
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Points of note for table 5:
* This width is the straight line distance measured between the toe of the banks of any
watercourse, which spans the bed of the watercourse, including any exposed bars and
vegetated islands.
1
for further information on authorisation requirements for embankments please refer to
Table 7 on Page 44 of WAT-RM-02
2
For river crossings the total length of bank affected includes the total length of structures
on both banks, this includes the length of bridge abutments and any dependant bank
reinforcement. For example, for a registration bridge (≤ 20m total bank affected) the
maximum length for each bridge abutment would be 10m.
Refer to the glossary for definitions of terms used in this section.
Registration activities
Letter references (A to O) used in the above table and notes below correspond to
those used in the registration application form.
1. Activity A - Sediment management in canals, lades and other artificial inland surface
water. This category covers dredging works required for the efficient operation of the
canal, lade or other artificial water. This category does not include works within heavily
engineered natural watercourses.
2. Activity B - Sediment management within 10m of a bridge. This covers dredging works
required to maintain the flood capacity or structural integrity of bridges.
3. Activity C - Sediment management of open culverts ≤2m wide. Open culverts are
defined as river channels which have beds and banks constructed of artificial and
consolidated material such as concrete, block stonework or brickwork.
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4. Activity D & E - Green bank protection or re-profiling no more than 50m in total length
along banks/shore, that are not captured under the conditions of GBR8 (Section 6.2).
Green bank protection includes the use of materials such as rip-rap and log revetments
restricted to the bank toe (i.e. should be submerged during normal flow conditions), and
biodegradable geo-textiles.
5. Activity F - Bridges across rivers and lochs where no part of the structure encroaches
on the bed (e.g. no piers or in-channel supports). In addition, the total length of
structures on both banks should not be more than 20m. This category includes
bottomless arch culverts.
6. Activity G - Pipe and box culverts used for single-track roads and single track railways,
footpaths and/or cycle routes, where the affected watercourse is not more than 2m
wide.
7. Activity H - Pipeline or cable crossings by isolated open-cut. This requires a trench to
be excavated across the bed of the watercourse, and the area of working to be isolated
(kept dry), using techniques involving over pumping and gravity-fed pipes.
Mole plough cable or pipe laying (Mole ploughing)-A technique using a specialised pipe
and cable laying plough to cut a temporary narrow channel into which pipes or cables
are fed and simultaneously pushes the spoils removed back into the cut channel,
eliminating the need to backfill.
8. Activity I - Bed reinforcement not more than 10m in length immediately downstream of a
pipe or box culvert using rip-rap. This covers reinforcement work that is deemed
necessary to prevent scour immediately downstream of an existing culvert.
9. Activity J - Loch structures where the total surface area of the structure is not more than
50m
2
. This category includes small boat slips, piers, jetties and platforms.
10. Activity K - Removal of sediment from individual and discrete areas of exposed
sediment such as gravel bars within a length of river or burn not exceeding 1 kilometre.
Dry gravel can be removed from a third of the gravel bars over the 1km stretch; other
restrictions include only 50% of the surface area being removed and a maximum of
30m length on any bar.
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11. Activity L - Removal of sand, silt and clay from the bed of artificially straightened or
canalised rivers and burns which are ≥1 m and <5 m wide. Up to a total of 500m length
along the bed may be removed (a single length of 500m or shorter lengths totalling
500m). Such rivers will have parallel or near parallel banks with unrippled and smooth
water flow and a bed dominated by sand, silt or clay. The works must include measures
to prevent pollution. They must not damage wetlands or lochs, widen the river channel,
heighten the river banks, leave a step in the river bed or cause erosion.
12. Activity O - Grey bank reinforcement no more than 20m in total length along the
banks/shore associated with erosion protection for existing man-made structures.
Simple licence activities
Sediment management
1. Sediment management over a length of no more than 50m in watercourses greater
than 3m wide. This includes sediment removal such as dredging, gravel extraction and
sediment movement within the channel (e.g. pool maintenance works).
2. Sediment management in lochs within an area no more than 500m
2
.
3. Sediment management over any length in watercourses no more than 3m wide.
Bank reinforcement, embankments, floodwalls and other bank modifications
4. Green bank protection or re-profiling along banks/shore for more than 50m. Green bank
protection includes the use of materials such as rip-rap and log revetments restricted to
the bank toe (i.e. should be submerged during normal flow conditions) and
biodegradable geo-textiles.
5. Grey bank protection, floodwalls and embankments no more than 100m in total length
in watercourses greater than 3m wide and lochs. Grey bank protection includes the use
of materials such as rip-rap over the full height of the bank, gabion baskets, concrete,
grouted stone, brick or block stonework, sheet piling, wood piling and non-
biodegradable geo-textiles.
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6. All grey bank protection, floodwalls and embankments in watercourses no more than
3m wide. Grey bank protection includes the use of materials such as rip-rap over the
full height of the bank, gabion baskets, concrete, grouted stone, brick or block
stonework, sheet piling, wood piling and non-biodegradable geotextiles.
Bridges and other types of crossing structures
7. All other bridges, fords and causeways. This category will include bridges affecting
more than 20m total bank lengths, or bridges with in-stream supports. This category
also includes all fords and causeways constructed across lochs and wetlands. Where
multiple crossings of a ford are required within a short space of time a temporary bridge
should be considered.
8. All other pipe or box culverts used for crossings. This category will include all pipe or
box culverts used for multiple track/lane roads, and pipe or box culverts used for minor
bridges on watercourses greater than 2m wide.
9. All other pipeline or cable crossings, e.g. by direct open cut or laid on the bed of the
inland surface water. Direct open cutting requires a trench to be excavated across the
bed of the watercourse and deals with situations where techniques such as over-
pumping are not feasible and the working area therefore remains under water.
In-stream or in-loch structures
10. All other in-stream structures on watercourses no more than 3m wide. This includes
bed reinforcement croys, groynes and other flow deflectors, and other in-stream
structures (such as boulder placements not satisfying the GBR conditions). Where a
structure impounds water, this will require authorisation according to the table set out in
Section 5.
11. All other in-stream structures on watercourses greater than 3m wide affecting no more
than 50m of total river length.
12. Loch structures with a surface area greater than 50m
2
but no more than 500m
2
. This
includes boat slips, piers, jetties, platforms, etc.
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Channel modifications
13. All forms of permanent diversion, channel straightening, channelisation, re-sectioning,
re-meandering or culverting for land gain on watercourses no more than 3m wide.
Other activities
14. Other engineering activities on or in the vicinity of inland surface water and wetlands
not described elsewhere in the levels of authorisation table.
Complex licence activities
Sediment management
1. Sediment management in watercourses greater than 3m wide over a length of more
than 50m. This includes sediment removal such as dredging, gravel extraction and
sediment movement within the channel (e.g. pool maintenance works).
2. Sediment management in lochs greater than 500m
2
in total area.
Bank reinforcement, embankments, floodwalls and other bank modifications
3. Grey bank protection, floodwalls and embankments greater than 100m in total length in
watercourses greater than 3m wide and lochs. Grey bank protection includes the use of
materials such as rip-rap over the full height of the bank, gabion baskets, concrete,
grouted stone, brick or block stonework, sheet piling, wood piling and non-
biodegradable geo-textiles.
In-stream or in-loch structures
4. In-stream structures on watercourses greater than 3m wide affecting more than 50m of
total channel length. This would include large areas of bed reinforcement. Where a
structure impounds water, this will require authorisation according to the table set out in
Section 5 of this document.
5. Loch structures where the total surface area of the structure is more than 500m
2
e.g.
large boat slips, piers, jetties, platforms, etc.
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Channel modifications
6. All forms of permanent diversion, channel straightening, channelisation, re-sectioning,
re-meandering or culverting for land gain on watercourses greater than 3m wide.
6.2 Engineering – General Binding Rules
As described in Section 2, CAR contains General Binding Rules (GBRs) for specific low risk
activities. When an activity complies with the relevant GBR, there is no need to contact
SEPA or to apply for a formal authorisation. Compliance with the GBR is treated as
compliance with an authorisation under CAR.
Note: If you will be unable to comply with one or more of the general binding rules
applicable to your proposed activity, you may still be able to carry out the activity by
obtaining an authorisation from SEPA in the form of a registration or water use licence.
The engineering GBRs are outlined below. For ease of interpretation, the format and
language may differ slightly from the GBRs presented in the CAR. If you are unclear about
a particular GBR or GBR condition, you are advised to consult Schedule 3 of CAR.
It should be noted that GBR9 must be followed when operating a vehicle, plant or
equipment for the purposes of undertaking any other engineering GBR activity.
GBR5: Dredging of a river, burn or ditch that has an average bed width of less
than 1m along the stretch to be worked and has been artificially straightened or
canalised along the length which is to be worked. (Please also check GBR9)
Rules:
a) Vegetation on any bank of the river, burn or ditch may be removed or modified only
to the extent that the works cannot reasonably be carried out without such removal
or modification.
b) Any vegetation removed must not be disposed of into the channel.
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GBR5 rules continued:
c) The activity must not result in the widening of the bed width of the river, burn or
ditch.
d) All reasonable steps must be taken to prevent the transport of sediments or other
matter disturbed by the works into waters beyond the worked stretch.
e) 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 juvenile fish.
14
f) All reasonable steps must be taken to avoid increased erosion of the banks or bed
of the river, burn or ditch as a result of the works.
g) The bed of the worked stretch must be graded at a shallow angle to tie in with the
bed level upstream and downstream and there must be no steps or sudden changes
in the angle of the bed slope.
h) The removed sediment must not be left on the banks such that its placement
heightens the banks.
SEPA does not intend to apply this GBR to man-made ditches formed where there was
not previously a natural watercourse. However, during such works, operators should use
best practice to ensure that pollution of the water environment downstream from the
works (including silt pollution) is prevented. Similarly, SEPA does not intend to regulate
engineering maintenance operations in road drainage ditches or equivalent but does
expect such work to be undertaken in a way which prevents pollution of downstream
waters.
14
If in doubt about these times, you are advised to go to Fisheries Management Scotland for contact details of the local
District Salmon Fishery Board (which has statutory powers in relation to the protection and improvement of salmon and
sea trout fisheries within their district) and/or Fishery Trust.
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GBR6: Construction and maintenance: (Please also check GBR9)
• of a minor bridge over a river, burn or ditch;
• (or removal) of a temporary bridge over a river, burn or ditch that has a bed
width of less than 5 metres; or
• of a surface water drainage system outfall which discharges into a river,
burn or ditch.
Rules:
a) Vegetation on any bank of the river, burn or ditch must be removed or modified only
to the extent necessary to carry out the works.
b) Any vegetation removed must not be disposed of into the channel.
c) The works must not prevent the free passage of migratory fish.
d) The works must not result in the narrowing of the channel width nor the heightening
of either bank.
e) Where the activity requires any work in the wetted part of the channel, 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 juvenile fish.
14
f) If necessary, a temporary culvert may be installed to facilitate the works but the
culvert must not extend more than 10m along the length of the river, burn or ditch
and must be removed on completion of the works.
g) All reasonable steps must be taken to ensure that the works do not result in
increased erosion of the bed or banks of the river, burn or ditch.
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GBR6 rules continued:
h) As far as reasonably practicable, within 12 months of the work starting, the bed and
banks of the river, burn or ditch must be reinstated at least to their condition before
the works started.
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 before the works started.
j) The activity must not result in pollution of the water environment.
k) Any outfall and associated works must be designed and constructed to be no larger
than is necessary for the proper operation of the outfall, and in any case must not
extend more than 20 metres along the length of the river, burn or ditch.
GBR7: Pipeline or cable laying by boring underneath a watercourse.
Please also check GBR9
Rules:
a) The works must not result in any alterations to the bed and banks of the
watercourse, except as permitted in rule (b) and (d) below.
b) Vegetation may be removed from the banks only if the works cannot otherwise be
reasonably carried out.
c) Vegetation that is removed must not be disposed of into the channel.
d) As far as reasonably practicable, within 12 months of the works starting, the bed and
banks must be reinstated at least to their condition before the works started.
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GBR8: Controlling bank erosion by green bank reinforcement or re-profiling.
Please also check GBR9
Rules:
a) All reasonable steps must be taken to ensure that the works do not result in
increased erosion of the banks.
b) The works must not result in the destabilisation of the bed upstream or downstream
of the works.
c) Vegetation may be removed from the banks only if the works cannot otherwise be
reasonably carried out.
d) Vegetation that is removed must not be disposed of into the channel.
e) The revetment can only be constructed from vegetation, biodegradable geotextiles,
untreated wood, or non-grouted stone rip rap.
f) The length of any revetment must not exceed 10m or if the channel width is more
than 10m, one channel width.
g) Where wood or stone rip-rap is used, use is limited to the toe of the bank.
h) Except for the purposes of repairing an existing revetment, bank protection works
must not be carried out within five channel widths or 50m (whichever is the greater)
of any existing bank protection works on either bank of the river, burn or ditch.
i) The work must not result in the heightening or lowering of the banks.
j) Work must not be carried out when fish are likely to be spawning in the affected
surface water, or in the period between spawning and the subsequent emergence of
juvenile fish
15
.
k) The revetments must be maintained in a good state of repair to avoid erosion of the
banks or destabilisation of the bed.
15
If in doubt about these times, you are advised to go to Fisheries Management Scotland for contact details of the local
District Salmon Fishery Board (which has statutory powers in relation to the protection and improvement of salmon and
sea trout fisheries within their district) and/or Fishery Trust.
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GBR9: Operating any vehicle, plant or other equipment (machinery) in or near any
surface water or wetland for the purpose of undertaking any other GBR activity or
for the purpose of maintaining an existing man-made structure in or near any
surface water or wetland.
Rules:
a) Machinery should only operate in water where it is impracticable for it to operate on
dry land.
b) Refuelling must take place at least 10m away from any surface water.
c) Any static plant or equipment used within 10m of surface water must be positioned on
a suitable drip tray with capacity for 110% of the fuel tank supplying the static plant or
equipment.
d) Machinery used in or near surface water must not leak any oil.
e) Washing of any machinery must take place at least 10m away from any surface water
and the washings must not be allowed to enter any surface water.
f) Machinery must not be operated in rivers, burns and ditches when fish are likely to be
spawning in the affected surface water, or in the period between spawning and the
subsequent emergence of juvenile fish
15
.
g) Machinery must not be operated in rivers, burns and ditches if there is a reasonable
likelihood that there are freshwater pearl mussels within 50m of such operation.
h) Machinery must not be operated in rivers, burns and ditches during forestry
operations.
i) Following the operation of the machinery, any damage caused by the operation to the
bed and banks of the surface water must be repaired, including re-establishing
vegetation on any areas of bare earth on the banks resulting from the operation,
either by covering the area with grass turfs or lining them with a biodegradable
geotextile and seeding.
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GBR12: Removal of sediment from the area of impounded water upstream of a weir
authorised under CAR, and where desired, return of that sediment to the
watercourse.
Please also check GBR9
Rules:
a) Sediment or other matter can only be removed within the stretch 10m upstream of the
weir.
b) Only sediment which has recently been deposited (i.e. that which is reasonably
expected to have been deposited within the three years preceding the date of
removal) can be removed.
c) Unless it is not reasonably practicable to do so, any gravel and course sediment that
has been removed must be returned to the watercourse from which it was taken.
d) The return of sediment must:
• be placed at the edge of the watercourse downstream of the weir in a location
where high flows are able to redistribute it;
• it does not cause sediment to accumulate in a manner likely to impede the free
passage of migratory fish;
• be placed in such a way and such a location that the risk of the placement resulting
in increased erosion of the bed or banks of the watercourse is minimised.
• not be placed in a wetted part of the watercourse during periods in which fish are
likely to be spawning, nor in the period between spawning and the subsequent
emergence of the juvenile fish.
• not contain man-made matter or result in pollution.
e) The removed sediment must not be deposited in the channel or on the banks of any
watercourse except in accordance with (d) above.
f) The removal of sediment must not result in pollution of the water environment.
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GBR12 rules continued:
g) Vegetation may be removed from the banks only if the works cannot otherwise be
reasonably carried out.
h) Vegetation that is removed must not be disposed of into the channel.
GBR13: Removal of sediment from the inside of a closed culvert or within 10m
upstream or downstream of a closed culvert or within 5m of an outfall or inlet and if
desired, its subsequent return.
Please also check GBR9
Rules:
a) The removal or return of sediment must not result in the bed of the watercourse
upstream of the culvert being lower than the upper surface of the base of the culvert.
b) The removal or return of sediment must not result in a vertical step between the upper
surface of the base of the culvert and the bed of the watercourse into which it
discharges.
c) Work must not be carried out when fish are likely to be spawning in the affected
surface water, or in the period between spawning and the subsequent emergence of
juvenile fish
16
.
d) Vegetation may be removed from the banks only if the works cannot otherwise be
reasonably carried out.
e) Vegetation that is removed must not be disposed of into the channel.
16
If in doubt about these times, you are advised to go to Fisheries Management Scotland for contact details of the local
District Salmon Fishery Board (which has statutory powers in relation to the protection and improvement of salmon and
sea trout fisheries within their district) and/or Fishery Trust.
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GBR13 rules continued:
f) The removed sediment and other matter must not be placed on the bank of any
watercourse.
g) Sediment that has been removed may be returned to the same watercourse, provided
that:
• it is returned as close to the location of its removal as is practicable;
• its return does not result in an accumulation of sediment that impedes the free
passage of migratory fish; and
• all reasonable steps are taken to avoid increased erosion of the bed or the banks.
h) The activity must not result in pollution of the water environment.
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GBR14: Boulder placement in a river or burn.
Please also check GBR9
Rules:
a) Individual boulders or groups of boulders must not occupy more than 10% of the bed
width.
b) Boulders must not be placed within 20m of any other natural or placed boulder or any
other instream structure (croy, jetty, bridge pier etc.) which occupies more than 10%
of the bed width.
c) Boulders must not be placed in a manner that results in the width occupied by in
stream structures extending to greater than 10% of the bed width.
d) Boulders must not be placed against the banks unless the placement forms part of
revetment works authorised under CAR.
e) The tops of the boulders must be submerged, except during periods of low flows.
f) Work must not be carried out when fish are likely to be spawning in the affected
surface water, or in the period between spawning and the subsequent emergence of
juvenile fish
17
.
g) All reasonable steps must be taken to ensure that the boulder placement will not
result in increased erosion of the bed or banks.
h) Boulders must not be placed at any location where there is a likelihood that
freshwater pearl mussels are located within 50m of that specific location.
17
If in doubt about these times, you are advised to go to Fisheries Management Scotland for contact details of the local
District Salmon Fishery Board (which has statutory powers in relation to the protection and improvement of salmon and
sea trout fisheries within their district) and/or Fishery Trust.
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GBR25:
The placement of trees or parts of trees in any river, burn or ditch to protect
eroding banks.
Please also check GBR9
Rules:
a) Other than in accordance with paragraph (e), the trees or parts of trees must be
placed only in or along eroding banks;
b) the placement must result in an arrangement of live or dead tree steams, branches or
roots which, as the water flows through the arrangement, flex or bend and impede its
flow with the effect of cushioning the bank from the force of the river, burn or ditch;
c) the placed trees or parts of trees must be tied, keyed or staked into the bank or bed
of the river, burn or ditch so as to secure them in place;
d) the placed trees or parts of trees must:
i. follow the line of the toe of the eroded bank at the time of placement; and
ii. be graded into the existing lines of the banks at either end of the eroded bank;
e) the placement may extend beyond the upstream and downstream ends of an eroding
bank only to the extent necessary to:
i. prevent any part of the river, burn or ditch from going around the placements and
eroding the bank behind them; or
ii. ensure the line of the placements is graded smoothly into the existing lines of the
bank at either end of the eroded bank;
f) in protecting eroding banks:
i. the angle of an eroding bank may only be reduced for the purpose of enabling the
establishment and growth of trees or the placement of trees or parts of trees; and
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GBR25 rules continued:
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
channel bed within 500 metres of the eroding bank;
g) all reasonable steps must be taken whilst placing trees or parts of trees to:
i. prevent any exposed soil or other sediments from entering the river, burn or ditch;
and
ii. where soil or other sediments do enter the river, burn or ditch, prevent these from
being transported beyond the part of the bank being protected;
h) once the trees or parts of trees have been placed, any areas of bare earth on the
banks resulting from the works must be re-vegetated to minimise the risk of soil
erosion, either by covering with grass turfs or lining with biodegradable geotextile and
seeding; and
i) where the trees or parts of trees need to be placed on the wetted part of the bed of
the river, burn or ditch or their placement would otherwise be likely to disturb the
wetted part of the bed of the river, burn or ditch they must not be placed if there is a
reasonable likelihood that there are freshwater pearl mussels in the part of the river,
burn or ditch that would be affected.
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7. Glossary of terms and acronyms
Abstraction
In relation to a body of surface water or groundwater,
means the doing of anything
whereby any water is removed by mechanical means
from that body of water, whether temporarily or
permanently, including anything whereby the water is so
removed for the purpose of being transferred to another
body of water within the water
environment.
Artificial water body
A body of surface water created by human activity in a
location where no significant
water body existed before and which has not been
created by the direct physical alteration, movement or
realignment of an existing water body.
Bank re-profiling
Changing the slope of a river or loch bank but the
planform/course of the river is maintained. Does not
include heightening of the bank. This can include a
creation of a
2-stage channel.
Bank top
The first major break in the slope of the bank of any body
of inland surface water, beyond which cultivation or
development would be possible.
Bank height
The height of the bank of any body of inland surface
water measured vertically from the bank toe to the bank
top, excluding any artificial heightening of the bank (e.g.
embankments, retaining walls).
Bank toe
The lowest point on the bank of any body of inland
surface water where the bank meets the bed of the body
of inland surface water.
Bed reinforcement
Reinforcement of bed only, for minimising bed erosion.
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Bed width
the straight line distance that is between the opposite
bank toes of a river burn or ditch, and which spans the
bed of the river, burn or ditch, including any exposed bars
and vegetated islands
Boulder placements
Boulders placed in rivers or lochs to manipulate flow.
Usually for fisheries
enhancement, can be used in restoration.
Bridge
Includes all span structures where a transport route (e.g.
foot path, cycle path, road)
crosses a watercourse, it should not impact the bed of the
watercourse. Includes single
span structures (including pre-cast culverts with no
artificial floor/invert) and span
structures with piers (in stream supports).
Bridging culvert
Closed culverts with artificial floor/invert where a transport
route (e.g. foot path, cycle
path, road) crosses a watercourse, but not for land gain.
Impacts the bed and banks of
watercourses. Please note, pre-cast culverts with no
artificial floor/invert are classed as
span structures and are included in the bridge category.
Causeway
Elevated transport route constructed across lochs or
wetlands.
Closed culvert (bridging
culvert for river
crossing)
Closed culverts with artificial floor/invert where a transport
route (e.g. foot path, cycle
path, road) crosses a watercourse, but not for land gain.
Impacts the bed and banks of
watercourses. Please note, pre-cast culverts with no
artificial floor/invert are classed as
span structures and are included in the bridge category.
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Coastal water
Water (other than groundwater) within the area extending
landward from the three mile limit up to the limit of the
highest tide or, where appropriate, the seaward
limits of any bodies of transitional water but does not
include any water beyond the seaward limits of the
territorial sea of the United Kingdom adjacent to Scotland.
Coastal water abstractions
Abstractions of water from coastal water.
Constructed Farm Wetland
Means a series of ponds for the treatment of slurry or
silage effluent consisting mainly of rainwater, which have
been constructed in such a manner that any discharge
from the ponds does not pollute the water environment
Croys/groynes/ flow
deflectors
Structures placed in rivers or lochs can manipulate flow.
Can have many purposes e.g. fisheries enhancement,
bank protection.
CSO
Combined sewer overflow.
Cultivated
Land prepared and used for raising crops.
Culverting for land gain
Permanent under-grounding of watercourses for land gain
e.g. building a housing
development on top of a watercourse. Excludes culverts
for river crossings (e.g. where a transport route crosses a
watercourse).
Domestic Sewage
Has the same meaning as in section 59 of the Sewerage
(Scotland) Act 1968
Draff
The residue of grain after fermentation of the grain in a
brewing or distilling process
Draw off pipe
A pipe used to withdraw oil from a container
Dredging
Removal of bed material from watercourses from >50% of
the channel width - usually
the entire channel width. Generally results in channel
deepening and/or widening
(sometimes called resectioning).
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Effluent
Any liquid, including particles of matter and other
substances in suspension in liquid,
usually derived from sewage or a trade process.
Embankment/land raising
Artificial raising of the natural bank height or land
adjacent to the inland surface water
EO
Emergency overflow.
Farm
Land occupied as a unit for agricultural purposes
Fertiliser
Any substance containing nutrients that is utilised on land
to enhance plant growth
(i.e. manures, slurries and inorganic fertiliser).
Field drains
Field drains are an underground system of pipes and
channels designed to remove
surface and sub-surface water from a given area of land.
Field drains should only run
intermittently, primarily after prolonged periods of rainfall.
Field drains do not include
ditches.
Fill pipe
A pipe used to deliver oil into a container
Flood by-pass channel
Additional flow route that diverts high flows from one
location and returns them
to a different location to reduce overbank flows; normally
associated with flood
management projects.
Forage crop
Any crop grown as food for livestock or for use in energy
production
Fords
River or loch crossing but is not raised, is at bed level.
May be natural substrate or
reinforced with artificial material.
Geothermal energy
Energy derived from the heat in the interior of the Earth.
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Green bank reinforcement
Soft bank reinforcement. Includes the use of vegetation
and biodegradable geotextiles
over the full height of the bank. Also includes the use of
rip rap and log/ timber restricted to the bank toe.
Grey bank reinforcement
Hard bank reinforcement. Includes the use of non-
biodegradable materials over the
whole height of the bank including rip rap, gabion
baskets, concrete, grouted stone,
brick or block stonework, sheet piling, wood piling and
non biodegradable geotextiles.
Does not include heightening of bank.
Groundwater
Water below the surface of the ground in the saturation
zone and in direct contact with the ground or subsoil.
Housed
Kept permanently or overwintered, indoors or outside, on
a collection based slurry system
Impermeable Sheet Material
Means:
(a) synthetic rubbers, EPDM (ethylene propylene diene
monomer rubber) and butyl,
(b) plastics, including polyvinyl chloride, low density
polyethylene and high density polyethylene, and
(c) reinforced geomembranes
Impounding works/
Impoundment
Means:
(a) construction or alteration of any dam, weir, or other
works by which inland water (other than
groundwater) or wetlands may be impounded; or
(b) Any works diverting surface water in connection with
the construction or alteration of any dam, weir or
other works falling within (a) above.
C) operation of any dam, weir or other works by which
surface water or wetlands may be impounded
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Raising the level of an existing natural loch is also
considered an impoundment. A pond or lake created by
excavation below the pre-existing ground level (e.g. a dug
pond or flooded quarry) is not included.
Inland abstraction
This includes both inland surface water and groundwater
abstractions.
Inland water
(a) all standing or flowing water on the surface of the land
(other than transitional water) (e.g. rivers, lochs, canals,
reservoirs), and (b) all groundwater, within the landward
limits of coastal water.
Inorganic effluent
Effluent that primarily does not contain matter from an
animal or vegetable origin and does not exert a notable
biochemical oxygen demand (BOD). Such effluent
includes discharges from mines, quarries, water treatment
works, etc.
In-stream structures
All structures that occupy a portion of the channel.
Includes bed reinforcement, jetties, platforms, marinas,
croys, groynes and other flow deflectors
In-loch structures
All structures that occupy a portion of a loch includes bed
reinforcement, jetties, platforms, marinas, croys, groynes
and other flow deflectors.
Jetties/platforms/marinas
This includes jetties (piers), fishing platforms, marinas
and boat slips that extend into
surface water, can include solid and stilted structures.
Land drainage
A series of subsoil pipes or ditches, which are designed
to drain an area of land to
allow development or for agricultural use.
Liquid Digestate
Means:
(a) whole digestate,
(b) the liquid fraction, or
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(c) any run-off from the storage of fibrous residue,
resulting from an anaerobic digestion process of a
consistency that allows it to be pumped or discharged by
gravity at any stage in the handling process
Liquid digestate storage
system
Means:
(a) a liquid digestate tank,
(b) any feedstock tank used in connection with the liquid
digestate tank, and
(c) any channels and pipes used in connection with the
liquid digestate tank or feedstock tank
Liquid digestate tank
Includes a lagoon or tower used for the storage of liquid
digestate
Livestock
Any animal kept for use or profit as part of a commercial
enterprise
Loch
A body of standing inland surface water.
Moled
A cultivation method where an implement is used to open
a conduit within the soil along which water may flow.
Mole plough
A technique using a specialised pipe and cable laying
plough to cut a temporary narrow channel into which
pipes or cables are fed and simultaneously pushes the
spoils removed back into the cut channel, eliminating the
need to backfill.
Nitrate vulnerable zone
Any area of land designated as a nitrate vulnerable zone
by regulation 2 of the Designation of Nitrate Vulnerable
Zones (Scotland) Regulations 2015
Off-line impoundment
See Impoundment.
On-line impoundment
See Impoundment.
Open culvert
River channels where the bed and banks are constructed
of artificial consolidated material e.g. concrete, brickwork,
block stonework.
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Organic effluent
Effluent that primarily contains matter from an animal or
vegetable origin and exerts a notable biochemical oxygen
demand (BOD). This includes all sewage effluents,
effluents from food and drinks manufacture, etc.
Other effluents
Effluents that may have a mixture of organic and
inorganic content and/or which
do not fit neatly into categories defined elsewhere within
this document (i.e. landfill leachate contains
both a significant organic and inorganic content).
p.e.
Population equivalent. A measure of the organic
biodegradable load of an effluent
prior to treatment. One population equivalent (1pe) has a
five-day biochemical oxygen demand (BOD5) of 60 grams
of oxygen per day. The load is calculated on the basis
of the maximum average weekly load entering the
treatment plant during the year,
excluding unusual situations such as those due to heavy
rain.
Pipeline/cable crossing
Location where a pipeline or cable crosses a surface
water. Can be laid below the bed,
submerged, or spanned above a surface water.
Point source discharge
A discharge of an effluent or other matter to the water
environment or land by means of a fixed installation, pipe,
outlet or otherwise.
Precision equipment
Equipment capable of low emission, accurate application
techniques including a dribble bar or band spreader,
trailing hose, trailing shoe or direct injection
Private dwelling
Any part of a building used or intended to be used as a
dwelling
Radioactive substance
Has the same meaning as in paragraph 4 of schedule 8
of the Environmental Authorisations (Scotland)
Regulations 2018
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Raised loch
A loch where the surface water level has been increased
above its natural level. This
is typically due to the installation of a physical structure,
such as a small dam or an embankment, which has
raised the natural level of the outflow from the loch.
Realignment/diversion
is any alteration to the course, planform, cross section, or
gradient of a watercourse.
Includes any alteration to a rivers course or planform,
from a natural state to a less natural state e.g.
straightening of a watercourse. Any alteration to a rivers
course or planform where the natural state of the river is
maintained or improved. e.g. restoration of modified river
to more natural channel pattern or diverting a channel
and maintaining channel naturalness.
Reception pit
A pit used for the collection of slurry before it is
transferred into a slurry storage tank or for the collection
of slurry discharged from such a tank
Reservoir
Reservoirs are artificial storage places for water (e.g.
ponds, impoundments and
raised lochs) from which the water may be withdrawn for
such purposes as electricity
generation, irrigation or water supply.
Rip-rap
Large coarsely broken rock placed on stream banks to
reduce erosion by flowing water,
or to support a slope embankment.
Sediment management
Any works which involve moving, introducing or removing
sediment from the channel
of a watercourse or bed of a loch (includes dredging).
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Sediment removal
Removal of bed material from watercourses from <50% of
the channel width. Includes any removal of bed material
from lochs.
Sewage effluent
Any effluent from sewage disposal or a sewerage works.
Silage
Any forage crop (including draff) which is being, or has
been, conserved by fermentation or preservation
(including the use of additives), or both
Silage effluent
Means:
(a) effluent produced from any forage crop which is
being made or has been made, into silage,
(b) a mixture consisting wholly of or containing such
effluent, rainwater or groundwater emanating from a
silo, silage effluent collection system or drain
Silo
Any structure used for making or storing silage
Slurry
Includes:
(a) excreta, including any liquid fraction, produced by
livestock whilst in a yard or building (including
woodchip corrals), and
(b) a mixture consisting wholly of or containing such
excreta, bedding, feed residues, rainwater and
washings from a building or yard used by livestock,
dungsteads or middens, high level slatted buildings
and weeping wall structures or any combination of
these, provided such excreta is present
Slurry storage system
Means:
(a) a slurry storage tank,
(b) any reception pit and any effluent tank used in
connection with the slurry storage tank, and
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(c) any channels and pipes used in connection with the
slurry storage tank, any reception pit or any effluent
tank,
Slurry storage tank
Includes a lagoon, pit (other than a reception pit) or tower
used for the storage of slurry
SUDS
Sustainable Urban Drainage System
Surface water
Inland water (other than groundwater), transitional water
(e.g. estuaries) and coastal water
Trade effluent
Any effluent produced in the course of any trade or
industry.
Transitional water
Means water (other than groundwater) in
the vicinity of river mouths which is partly saline in
character as a result of its
proximity to coastal water but which is substantially
influenced by freshwater flows
Trunk road
Has the same meaning as in section 151 of the Roads
(Scotland) Act 1984
Waterbound road
A road constructed of coarse stone and fine aggregate to
form a tightly bound semi-impervious surface.
(The) Water environment
Includes all surface water, groundwater and wetlands
Weir
An on-line overflow structure (i.e. an impoundment across
a watercourse) that is used for controlling upstream water
level.
Passive weir - any weir that is not capable of being
operated to control the water level
upstream of the weir.
Wetland
An area of ground the ecological, chemical and
hydrological characteristics of which are attributable to
frequent inundation or saturation by water and which is
directly dependent, with regard to its water needs, on a
body of groundwater or a body of surface water.
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