Regimes

The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR) regulates activities associated with the water environment. In this section, you will find information on regimes such as abstraction, aquaculture, engineering, groundwater, impoundment and pollution control. Every activity regulated by CAR falls under one of these regimes and, if deemed suitable, is granted authorisation. The type of authorisation will depend on the level of impact the activity may cause. For example:

• a low risk activity, such as an abstraction of less than 10m3 per day, will be granted a general binding rule (GBR);
  
  
• low risk activities that cumulatively pose a risk to the water environment, such as sediment management in canals/ lades, will be issued a registration;
  
  
• activities that require site-specific controls, like marine cage fish farms, will need a licence.

To decide which of these authorisations is most appropriate, SEPA will assess the following:

• the risk the activity poses to the water environment;
• the steps necessary to secure efficient and sustainable water use;
• the requirements of the Water Framework Directive (and other EU legislation);
• domestic legislation.

This structure helps SEPA carry out a fair and balanced approach across all applications and provides the parameters by which to monitor and regulate activities.

Use the links on the left to find out more about each regime.

SEPA has 30 days to assess an application for registration and four months for a licence. During this time we can ask for more information from the applicant, and request that they advertise their proposals publicly. (The ‘clock’ stops for information requests or advertising.) This is usually for activities that may have a significant adverse impact, to allow for public consultation and feedback.

A general binding rule (GBR) does not require the operator to make an application, as these activities are considered to be very low risk. But owners must still comply with any rules for their activity, as specified in the CAR Practical Guide (590k).

A single enforcement notice can be used to ensure compliance with conditions set out in a CAR authorisation. It can also be used to require corrective action against an activity that has, or is liable to cause, a significant adverse impact. If SEPA can’t identify a person to undertake corrective work, we may carry out the work and recover the costs from the owner.
Termination of the activity may also be enforced.

SEPA can ask a court of civil jurisdiction to order compliance with the terms of an enforcement notice. This is available where SEPA feels it is more appropriate than pursuing a criminal sanction under the offence provisions. The key offence provisions are:

• undertaking a controlled activity without being authorised;
• not complying with the conditions of an authorisation.

• There are appeal provisions covering key SEPA decisions, such as level of authorisation, conditions and powers to issue notices. These are handled by Scottish Ministers.
  
  
• CAR authorisation requirements include exceptions to cover commercial confidentiality and national security. The onus will be on the applicant to prove to SEPA why such confidentiality should be assured.
  
  
• Scottish Ministers have powers to call in applications from SEPA, although it is envisaged that such powers would only be used for significant (e.g. contentious) cases.
  
  
• Powers of access are provided for regulatory and environmental monitoring purposes.
  
  
• There exists a right to compensation in respect of a Grant of Rights.
  
  
• All controlled activities covered by a Pollution Prevention and Control (PPC) permit, Radioactive Substances Act (RSA) authorisation, and a Waste Management Licence (WML) are deemed to be authorised under CAR. However, CAR is imposing a requirement to review such existing authorisations to ensure that they are CAR compliant by 2013. Any new determinations of applications or reviews under PPC, RSA and WML must also ensure compliance with CAR.