Impoundment regime

What is an impoundment?

An impoundment is any dam, weir or other structure that can raise the water level of a water body above its natural level. Its uses include:

the creation of a new reservoir;
for flood storage;
to maintain or raise water levels within a wetland;
to raise the water level of a natural loch, estuary or even coastal waters.

‘On-line’ impoundments hold back water in wetlands, rivers, lochs and estuaries, and consequently affect downstream flows, sediment transport and migration of fish.

‘Off-line’ impoundments are built on land to store water (including surface run-off, groundwater or land drainage). Typically, an impoundment is regarded as ‘off-line’ if there is no river/estuary flowing in.

Do the regulations apply to me?

If you own or operate any of the following, you will require some form of authorisation from SEPA:

Engineering aspects involved in the construction or alteration of a dam, weir or other works impounding water.
Management of a dam, weir or raised loch – particularly in terms of water levels, downstream flows and fish passage.
Off-line flood storage that collects water during flood conditions and then releases this water when river levels fall. (Though this requires authorisation under the engineering regime; see section 6 of the CAR Practical Guide).

The following activities are not regulated by SEPA.

Impoundments:

that receive their inflow from an authorised abstraction. This includes a) pond/impoundments constructed by farmers to hold water for irrigation purposes, and b) firewater ponds/impoundments used by industry;
that form part of an artificial treatment system;
in canals and lades which hold back flows within the canal or lade, including canal locks.

Why does it have to be regulated?

The management of water resources involves ensuring that river flows, loch and groundwater levels can sustain aquatic environments, while also allowing the use of water for safe drinking, renewable energy developments and other agricultural and industrial purposes.

Levels of authorisation

There are three levels of authorisation:

General binding rule (GBR): Providing they were constructed before 1 April 2006, low risk impoundments are 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: Not applicable in the impoundment regime.
Licence: 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.

What do I need to do?

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

First refer to the relevant chapter in the CAR Practical Guide (540k) to see if your activity requires authorisation.
If your activity falls under a GBR you will not have to do anything, other than comply with the rules of the GBR. If you require a registration or a licence, however, you will need to apply.

- Application forms
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)
Write down the charges in the application form and fill in all the other details. Then send it to your local SEPA office.

Changes to your authorisation

If your activity requires a licence, you may also expect to do the following:

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.
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.