The Controlled Activities Regulations 2011, Scotland
Applies to – Scotland and Scottish Environmental Protection Agency (SEPA)
Any construction activity in Scotland leading to a discharge to the water environment, abstraction, and physical works in rivers and lochs can threaten the water environment and therefore may be subject to regulatory control.
The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (plus amendments which will be discussed in a later blog), more commonly known as the Controlled Activity Regulations (CAR) apply regulatory controls (enforced by SEPA) over activities which may affect the water environment.
Making sure you comply with CAR
If you’re a contractor then CAR covers discharges, diffuse pollution, abstractions, engineering works in inland waters and groundwater; and the level of authorisation required from SEPA is dependent on the effect your works will have on the water environment. Three levels of authorisation include:
- General binding rules;
- Registration; and
As a contractor you should engage with your Environmental Clerk of Works early on to determine the authorisation remembering its key to understand your site and by following the ‘practical guide’ (located here).
General binding rules (GBRs)
Activities considered of low risk to the environment; you will not have to contact SEPA or incur any charges but you will have to follow these rules.
Activities considered of low individual risk, but potential cumulative rish require a registration. SEPA should be contacted and there is a fee.
Activities considered of moderate to high risk to the environment require either a simple or complex licence. A complex licence is for activities that need a more complicated environmental assessment.
The licence needs the identification of a ‘responsible person’, who must ensure compliance with the conditions of the licence. SEPA should be contacted and there is an application fee and the activity may potentially be subject to an annual subsistence charge.
A summary of the CAR licence will follow in a later blog.
If you need any advice or information about the above, please contact us at firstname.lastname@example.org