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Important information for farmers: Controls in relation to the water environment

What do farmers need to know?

The Controlled Activities Regulations (CAR) were first introduced on 1 April 2006 (note that the original CAR 2005 regulations have now been superseded by the Water Environment (Controlled Activities) (Scotland) Regulations 2011). The Controlled Activities Regulations control discharges to groundwater, rivers, lochs, estuaries and coastal water.

If you abstract, impound or carry out any engineering works on any water body then you may be legally obliged to obtain authorisation from the Scottish Environment Protection Agency (SEPA). This note summarises your obligations, indicates which activities will not be subject to charges and guides you to where you can get more information.

The regulations provide for three levels of authorisation. These authorisations may require the submission of a one-off application fee and, for the larger activities, there may also be a requirement to pay annual subsistence charges.

Abstraction of water: key points of note

• If you take water from rivers, lochs, ponds, estuaries or groundwater, you may need to apply to SEPA for irrigation authorisation. An application may also be necessary where water is abstracted to supply large numbers of housed stock.
  
  
• You will not need to apply for abstractions of less than 10 cubic metres (2200 gallons) per day. This equates to the average water used by 50 people in a day. Table 1 outlines the number of livestock kept in relation to the level of authorisation.
  
  
• You should be aware that CAR requires you to comply with the general binding rule (GBR) for abstractions. So, water leakage has to be kept to a minimum by ensuring all pipe work, storage tanks and other equipment associated with the use of the water are maintained in a state of good repair.
  
  
• In most cases, abstractions for field drinking troughs and abstractions for pesticide spraying will be below 10 cubic metres per day (per location). If you abstract between 10 and 50 cubic metres (11,000 gallons) of water per day, however, you must apply for registration (save money if you apply online). These are one-off charges, and will not involve any additional annual fees.
  
  
• If you abstract more than 50 cubic metres of water per day from any single location, you have to apply for a licence. There will be an annual subsistence charge for this. The subsistence charge depends on factors such as the total volume of abstraction. A single licence can cover multiple abstraction points, but the annual charge will take them all into account. SEPA expects that most water abstractions for irrigation will fall into the licence category.
  
  
• Most abstraction licences require the operator to submit data returns even where no water has been abstracted in any year. Further information can be found on the Data Returns webpage.

Impoundments: key points of note

• If you use a dam or weir to form a reservoir on a river or a loch, you may need to apply for CAR authorisation. However, if it meets all of the following criteria, it will be covered by a general binding rule (GBR) and will not require an application:
  
  * less than one metre high;
  * is not associated with an abstraction;
  * is passive (i.e. it must not be possible to change the water levels behind the dam by means of a sluice or values);
  * allows the passage of salmon and trout;
  * was constructed before 1 April 2006.
  
  
• If you have an artificial or natural pond or an off-line impoundment then you will not
  have to apply for a licence. Please note you may still need a licence for an abstraction from such ponds/off-line impoundments.
  
  
• Annual subsistence charges only apply if the impounded volume is greater than 25 megalitres (5,500,000 gallons). Under these circumstances, the reservoir will have been registered under the Reservoirs Act.

Engineering work in or near water: key points of note

• Engineering work includes:
  
  * dredging a river;
  * protecting banks from erosion;
  * creating flood protection works;
  * undertaking fishery improvement works.
  
  
• You must apply for authorisation for engineering work that affects wetlands, rivers and lochs. SEPA will take action against anyone undertaking engineering work without an authorisation.
  
  
• If you a) work in an already straightened river or ditch less than one metre wide, or b) carry out bank protection that is less than 10 metres in length or one channel width (which ever is greater) you will not have to apply for authorisation. You must, however, comply with the conditions in the general binding rule (GBR).
  
  
• If you are undertaking other engineering work affecting wetlands, rivers and lochs, you must apply for SEPA for CAR authorisation. Typically you will only have to pay a one-off application fee; annual charges are only introduced where the engineering work does not fall into the categories above and exceeds the following length thresholds:
  
  * 50 metres of river/loch bed;
  * 250 metres of river/loch bank.

Table 1: Livestock numbers that can be supported by abstractions covered by general binding rules (GBRs) and registrations

This table is based on the best available information, and outlines how much water you may use for livestock watering. The volumes used at any one site may vary, and SEPA is primarily concerned with the volume abstracted more than the total number of stock.

Information on irrigation

Following extensive consultation, SEPA has modified the proposed Water Environment Charging Scheme to take account of farmers’ concerns.

A typical irrigation pump will abstract 1200 cubic metres over a period of 24 hours. This is equivalent to the average water used by 6000 people. As such, abstractions for irrigation will typically require an application fee and will incur annual subsistence charges.

There are two options for authorising irrigation abstractions:

• Mobile plant licence;
• Fixed location licence.

Either option is available but it was clear from the consultation that mobile plant licences would provide a flexible approach for many growers.

Application for mobile plant

You may apply for a mobile plant licence which authorises the use of an irrigation pump. In order to apply for a mobile plant licence you must specify the maximum daily volume which the pump can abstract and list the locations (river stretches or boreholes) where the plant will be used. You can use the same licence if you buy a new pump as long as it does not pump larger volumes.

Points to note:

• A location can be a stretch of river with a broadly consistent flow.
• Adding more than five locations to your licence will double the cost of your annual charge.
• Adding more than 25 locations will increase your annual charges by 3.6 times.
• You can add a location to an existing licence at any time for an additional charge.
• You can remove a location from a licence at any time, free of charge.

Applying for a mobile plant licence

• The same application forms are used as for a fixed location licence, however additional information is required.
  
  
• You should include details of each abstraction location in your application. The mobile plant licence will cover these abstraction locations and you should include the number of pumps and their maximum abstraction capacity. You pay the application fee related to the number of abstraction locations.
  
  
• The application fee will cover the pump and there will be no additional charge for each abstraction location submitted with the application.

Applying for an abstraction licence for a fixed location

• You should include details of each abstraction location in your application.
• The application fee is related to the number of abstraction locations.

Subsistence charges

Subsistence charges for a licence will vary depending on the volumes abstracted, as well as for when an abstraction occurs (winter only abstractions will have a discounted rate).  It is advisable to contact the local area office, who will be able to make you aware of the current charges.

You only have to pay for water once. For example:

• If you pump water into a storage pond and then you pump water from the pond for irrigation, you will only be charged for the abstraction to the pond. If you fill the pond during the winter (October to March), this abstraction will incur lower annual subsistence charges than the same operation during the summer (April to October).
  
  
• If you have a pond which is filled by groundwater seepage or land-drainage then you will have to pay for the abstraction from the pond. In this case, the charge will be restricted to the winter rate.

Further information

• Charging scheme guidance  (256k)
  
  
• Controlled Activities Regulations: A practical Guide (590k)
  
  
• Application forms