Bathgate equestrian business given £600 penalty for burning waste
Date published: 29 April 2025
Scotland’s environmental regulator are warning that illegally burning waste could result in financial consequences after serving a £600 civil penalty on a Bathgate equestrian business.
Elite Equestrian Services was served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found that they burned waste at its base in Bathgate. There was no authorisation permitting burning at the location.
Following a complaint of burning waste in June, SEPA officers attended the site and spoke to an employee who confirmed that the owner of Elite Equestrian Services instructed him to burn waste generated on the site every seven to 10 days. Officers were also shown the location where burning occurred.
Calum McGregor, of SEPA’s Environmental Crime Team said:
“Illegally burning waste is unacceptable and is often done to avoid the charges for taking wastes to permitted waste sites for recovery or disposal. When inappropriate waste is burned it can release harmful gases, and any ash and waste which is left behind can also pollute surface and groundwater.
“This civil penalty should act as a warning to others that we will take action against those who ignore Scotland’s environmental regulations. There are very few occasions when burning is permissible so I would urge anyone looking to dispose of waste in this way to ensure that they check what authorisations are required before any burning takes place. If you’re not sure get in touch with us, we’re happy to provide advice and guidance.”
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 Martin Arnott, trading as Elite Equestrian Services, disposed of controlled waste on land without the authority of a waste management licence on 2nd –7th June 2024 at a location in Bathgate. This disposal was in the form of burning and is contrary to Section 33(1)(b)(i) of the Environmental Protection Act 1990 which states that “a person shall not treat, keep or dispose of controlled waste in or on any land except under and in accordance with a waste management licence.” It is an offence under Section 33(6) of the Environmental Protection Act 1990 to contravene Section 33(1)(b)(i).
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.