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Prestwick farm served £600 penalty for breaching environmental regulations

J & A Lawrie, of Brieryside Farm, Monkton, Prestwick, were served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found they failed to maintain an appropriate buffer zone between ploughed land and the water environment. 

SEPA were notified that an area of land on Brieryside Farm had been cultivated for crops within two metres of a watercourse on 22 July 2024. Officers visited the farm on 9 August and confirmed that ploughing activity was in breach of environmental regulations. 

Regulations state that no land may be cultivated for crops that is within two metres of any river, burn, ditch or loch, as measured from the top of the bank. Cultivating too close to the water environment can increase the risk of pollution from sediment, nutrients and pesticides and lead to bank erosion and slippage.  

Healthy soils can increase yields and decrease pollution risks and land must always be cultivated in a way which minimises the risk of pollution to the water environment.

Ensuring regulatory compliance

As part of SEPA’s ongoing work with Scotland’s farming community to reduce the risk of water pollution from rural diffuse pollution, officers regularly undertake inspections at farms across the wider North Ayrshire Coastal priority catchment, including at Brieryside.  

Officers had previously advised the Brieryside managers about how to be undertake cultivation operations in a compliant manner during visits in 2017 and 2018. SEPA are satisfied they failed to comply with General Binding Rules (GBRs) in spite of clear guidance and the issuance of an FMP was deemed appropriate in response. 

Stephen Field, National Rural Unit Manager at SEPA, said:  

"Since 2012, SEPA have worked with land managers across 14 priority catchments where rural diffuse pollution was impacting the water environment, providing regulatory advice and requiring improvements in livestock and slurry management. 

"Many rural land managers have since implemented measures over and above minimum regulatory requirements to address pollution issues arising from their farming activities. We’ll continue to engage with land managers and other relevant parties within the priority catchments to promote the importance of maintaining regulatory compliance. 

“This civil penalty should act as a warning to others that we won’t hesitate to act action against those who ignore Scotland’s environmental regulations. I would urge all farmers to check activities comply with GBRs and get in touch if you are unsure – SEPA are 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 are satisfied J & A Lawrie of Brieryside Farm acted in breach of General Binding Rule 20 (a) of The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended).

• 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.