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Stranraer company served £7,833 civil penalty for illegally altering Pinminnoch burn near Portpatrick

The Variable Monetary Penalty (VMP) was issued by the Scottish Environment Protection Agency (SEPA) to Messrs R McNeil Ltd following an investigation by officers. The company was also required to pay SEPA costs of £2,349.90. 

SEPA became aware of the illegal engineering works following concerns raised around activity at the Pinminnoch Burn near Portpatrick. 

During their investigation, SEPA officers spoke to a witness who said works began on the realignment of the burn from approximately June 2020 and were carried out over a period of a few months.  

Satellite imagery of the burn before, during and after the work was carried out clearly shows how the burn was diverted and straightened. A company director admitted to officers during a SEPA interview under caution that Messrs R McNeil Ltd carried out the works and that authorisation was not sought from SEPA before carrying out the diversion of the burn. 

Kirsty McHarg, SEPA Unit Manager for Southwest Scotland, said: 

“River engineering can disrupt nature’s delicate balance, destroying aquatic habitats and causing or exacerbating erosion and flood risk. In this case the route and functioning of the watercourse were altered permanently and the work has resulted in a loss of habitat. While a SEPA ecology survey has shown that invertebrate levels are recovering, there has still been a lasting environmental impact. 

“This civil penalty should act as a warning to others that we will take action against those who ignore Scotland’s environmental regulations. I would urge anyone planning to carry out works in or near to watercourses to get in touch with us before they start, we’re happy to provide advice and guidance. No channel modifications should start before an authorisation from us has been granted, to ensure the right mitigation is in place and no harm is being caused. 

“I want to be very clear that those who seek to do the right thing will find a helpful and supportive regulator. If you do the wrong thing, whether deliberately or through a lack of care, we will take appropriate enforcement action.” 

Civil Penalties

VMPs are discretionary financial penalties which SEPA can impose for a relevant offence following an appropriate investigation. They sit alongside other enforcement tools available to SEPA staff, including advice and guidance, final warning letters, statutory enforcement notices, other civil penalties, including Fixed Monetary Penalties (FMPs) and reports to the Procurator Fiscal.  

SEPA has determined that the amount of the variable monetary penalty is £7,833 for this offence.   

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 Editor

SEPA is satisfied that Messrs R McNeil Ltd carried on a controlled activity, namely permanently diverting and straightening a watercourse, without the authority of an authorisation on or around June and July 2020 at the Pinminnoch Burn.  

It is an offence under Regulation 44(1)(a) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR) for a person to contravene Regulation 4 of CAR. Regulation 4 of CAR prohibits the carrying on, or the causing or permitting of others to carry on, a controlled activity without authorisation. Controlled activities are listed in Regulation 3(1) of CAR, one of which is (d) carrying out building or engineering works in inland water (other than groundwater). This includes diverting and straightening a watercourse and accordingly this activity requires authorisation. 

Information on how a VMP is calculated is available on SEPA’s website. 

VMPs cover a wide range of environmental offences, including offences under The Environmental Protection Act 1990, the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and the Pollution, Prevention and Control (Scotland) Regulations 2012.