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SEPA serves £600 penalty on Borders farmer for failing to protect the water environment

Mr Trevor Campbell Kerr was served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found that he failed to comply with a General Binding Rule designed to protect the water environment by preventing poaching or erosion of any land within five metres of any river, burn, ditch or loch. 

Following three public complaints about cattle poaching of the banks along a stretch of the Eye Water, SEPA officers visited the site near Duns in January 2024.  Significant livestock poaching was noted within five metres of the top of the Eye Water riverbank and extended along the river for the entire length of the field for 450 metres.  

Significant poaching of riverbanks happens when livestock continually congregate in the one area over time for drinking or shelter/shade. This activity can destroy riverbank vegetation and its biodiversity - resulting in erosion of the soil which releases sediment, along with animal faeces and urine, into the water environment.   

Evidence was gathered and the farmer was informed the poaching was non-compliant with GBRs and that enforcement action would be taken.  

SEPA is satisfied that Mr Trevor Campbell Kerr failed to comply with, or contravened, a general binding rule, and an FMP is appropriate in this case. 

Stephen Field, SEPA’s National Rural Unit Manager, said:  

“Mr Campbell should have been well aware of the importance of protecting against poaching. We’ve been working with the farming sector in the Eye Water since 2011, undertaking pollution prevention inspections and offering advice and guidance on how to become compliant with the Regulations. The positive changes made by farmers in the area has driven long term improvements in local bathing waters and we will not tolerate non-compliance creeping in.  

“In this case, poaching led to biodiversity being destroyed along the length of the banking affected, which will take time to regenerate. Given the extent of the poaching, rainfall events will have an impact on the Eye Water, with particles being washed into the water causing short-lived pollution which can cause damage to fish redds and potentially smother fish eggs.  

“This civil penalty should act as a warning to others that we will take action against those who ignore Scotland’s environmental regulations. If you’re not sure what authorisations are required, get in touch with us, we’re happy to provide advice and guidance.”  

The Eye Water was SEPA’s first priority catchment where all farmers were assessed to be operating in a compliant manner with farming Regulations. This high level of compliance has led to sustained environmental improvements, particularly a reduction in the amount of diffuse pollution entering the river. Historically, this has caused poor water quality at local bathing waters, but the priority catchment work has driven long term improvements to overall bathing water quality and with further continued compliance, will continue to do so.

Civil penalties

SEPA can issue FMPs for relevant offences - 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 that Mr Trevor Campbell Kerr committed a relevant offence prescribed under the Order, namely an offence under Regulation 44(1)(b) of the Water Environment (Controlled Activities)(Scotland) Regulation 2011(“CAR2011”) of failing to comply with or contravene a general binding rule. 
• More information about General Binding Rules and how they protect the water environment are available at: Diffuse pollution in the rural environment | Scottish Environment Protection Agency (SEPA) 
• 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.  
• The Lord Advocate’s guidelines to SEPA also supports enforcement decision making. Where SEPA is considering issuing monetary penalties or accepting a voluntary undertaking, the Guidelines provide a framework for deciding whether SEPA may take such action, or whether the case should instead be referred to the Crown Office and Procurator Fiscal Service for consideration of prosecution.  
• 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.