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Island management company given £600 penalty for Loch Broom silt pollution

Summer Isles Enterprises Limited, based in Wiltshire, was served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found that they were responsible for a release of silt into Badentarbat Bay in Loch Broom.

SEPA received a complaint on 21 September 2023 that significant amounts of silt were entering the bay off the east coast of Tanera Mor in Loch Broom due to construction works taking place on the island.

Evidence supplied to SEPA showed a significant plume of silt in the bay on the 21 September 2023 and statements taken from witnesses confirmed that silt was entering the bay from below the construction works taking place on the island.

An inspection by SEPA showed that island management had not properly assessed the construction site to ensure appropriate silt mitigation was in place prior to any heavy rainfall events. Appropriate measures were only installed during and after the heavy rainfall event that led to this pollution incident. Had appropriate mitigation measures been installed, it is likely that the pollution could have been avoided or minimised.

SEPA is satisfied that Summer Isles Enterprises Limited was responsible for the silt pollution and an FMP is appropriate in this case.

John MacDonald, Unit Manager for SEPA’s North Highland and Northern Isles team, said:

“Appropriate silt mitigation measures are crucial to prevent pollution of burns, rivers and lochs – especially during heavy rainfall events. Excessive silt can have an impact on water quality, harm aquatic ecosystems and impact infrastructure.

“This civil penalty should act as a warning to others that we will take action against those who ignore Scotland’s environmental regulations. SEPA officers had several previous discussions with island management regarding silt mitigation measures and had previously highlighted the importance of ensuring that construction works on the island did not cause pollution of the water environment.

“I would urge anyone carrying out works near watercourses to get in touch with us before starting work to ensure they have the right mitigation in place, we’re happy to provide advice and guidance.”

Civil penalties

SEPA can issue FMPs for a specified offence - they are not available for all offences. FMPs are normally appropriate where an offence has not caused environmental harm or has caused minimal environmental harm with no lasting environmental effects or impacts on communities, for administrative offences and where little (if any) financial benefit arises from the offence.

They sit alongside other enforcement tools available to SEPA staff, including advice and guidance, final warning letters, statutory enforcement notices, other civil penalties, including Variable Monetary Penalties (VMPs) and reports to the Procurator Fiscal.

SEPA’s enforcement action is designed to secure compliance with regulatory requirements, protecting and improving the environment. It aims to bring activity under regulatory control, stop offending, stop harm or reduce the risk of harm arising from non-compliance. It is also designed to ensure restoration or remediation of harm caused by regulatory non-compliance where appropriate.

Notes to Editors

SEPA is satisfied on the balance of probabilities that Summer Isles Enterprises Limited committed a relevant offence prescribed under the Order, namely an offence under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 Paragraph 44 (1)b) and specifically a breach of GBR10D contained in Part 1 of Schedule 3 of the Regulation.

Guidance on General Binding Rules for water run-off and discharge into surface water drainage systems is available on the SEPA website.

The level of FMPs is set out in The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 which provides SEPA with the power to issue penalties and accept undertakings for relevant environmental offences.

SEPA’s Enforcement policy and Guidance on the use of enforcement action underpins decision-making in relation to enforcement action.

TheLord Advocate’s guidelines to SEPA also supports enforcement decision making. It sets out circumstances and criteria for using enforcement measures and makes it clear when SEPA should be consulting the Crown Office and Procurator Fiscal Service so that prosecution can be considered.

Whilst penalties are initially paid to SEPA (which also undertakes debt recovery on unpaid penalties), article 12 of the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 provides that where SEPA receives such sums, they must be paid to the Scottish Ministers. It is understood that Scottish Ministers put such sums to the Scottish Consolidated Fund.