Engineering regime

What are engineering works?

The scope of engineering works authorised by CAR applies to:

• all engineering, building or other works in inland surface waters (including wetlands);
  
  
• works in the vicinity of inland surface waters where those works pose a risk of significant adverse impact.

If your engineering works involve any of the following, you will require some form of authorisation from SEPA:

• The removal of sediment (gravel, sand, silt) from rivers, lochs and wetlands.
• Construction of bank protection, embankments or floodwalls.
• Construction of new bridges, fords and culverts.
• Any new structures built on the bed of a river, burn or loch.
• River diversions and realignments.
• Restoration and enhancement works, including the removal of structures.
• Any other activity likely to pose a risk of significant adverse impact.

The following engineering works usually do not require authorisation:

Why do they have to be regulated?

Engineering works can damage habitat in rivers, lochs and wetlands, in turn affecting populations of invertebrates, plants, birds and mammals. Engineering works can also block the passage of migrating fish and damage spawning habitats during sensitive times. Some of the affected fish, such as salmon, are an important economic resource in many areas of Scotland. Engineering can also increase the risk of flooding and may result in erosion of adjacent land.

When considering an application for authorisation under CAR, SEPA will consider all of these issues, and ensure that all impacts are minimised as far as practical. Where potential impacts are significant, SEPA will only allow authorisation where they are balanced by positive contributions the works make to the economy, society or the environment.

Levels of authorisation

There are three levels of authorisation:

• General binding rule (GBR): Low risk engineering activities will be covered by a GBR. You will not have to contact SEPA or incur a charge, though you will have to follow a set of rules.
  
  
• Registration: These cover small-scale engineering activities that individually pose a small environmental risk, but cumulatively can result in environmental harm. Operators must apply to SEPA to register these activities (a single application fee applies) and comply with the terms of the application.
  
  
• Licence: Engineering activities that require specific conditions to provide environmental protection will require either a simple licence or – for activities that need a more complicated environmental assessment – a complex licence. A licence depends on the identification of a ‘responsible person’ who must ensure compliance with the conditions of the licence. In both cases, an application charge will apply, and the activity may also be subject to an annual subsistence charge.

(Please note: If at any point during the application process you have a query, contact your local SEPA office).

1. First refer to the relevant chapter in the CAR Practical Guide (590k) to see if your activity requires authorisation.
   
   
2. If your activity falls under a GBR you will not have to do anything. If you require a registration or a licence, however, you will need to apply.
   
   - Application forms
   
   
3. Use the charging scheme guidance to determine the cost of the application and to find out whether a subsistence (annual) fee applies. Use the charge calculator to determine your fee, by filling in the details of your activity. (Please note that multiple activities are eligible for a reduced application fee, which the calculator determines).
   
   - Charging scheme guidance  (256k)
   
   
4. Write down the charges in the application form and fill in all the other details. Then send it to your local SEPA office.

If your activity requires a registration or a licence, you may also expect to do the following over its duration:

• Have your authorisation revoked: SEPA has powers to withdraw your authorisation if you fail to meet its conditions.
  
  
• Vary it: If you want to change the conditions of your licence, you can apply for a variation.

For licence holders only:

• Transfer it: You can partially or fully transfer your authorisation to another responsible person.
  
  
• Surrender it: You will continue to pay subsistence charges for a licence, even if you are not carrying out an activity, until you notify SEPA. To cease paying, you have to surrender the licence by completing an application form.

Use the appropriate application form (where available) to make each of these actions.

• SEPA guidance
  Position statements, regulatory methods and supporting documents.
  
  
• NetRegs 
  Free environmental guidance for small businesses in the UK and more information on how to comply with environmental legislation.
  
  
• CAR: River and Loch Engineering
  Presentations from our last annual seminar.