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  • Operating vehicles, plant or machinery in or near any surface water or wetland

Operating vehicles, plant or machinery in or near any surface water or wetland

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This General Binding Rule (GBR) applies to operation of any vehicle, plant or other equipment in or near any surface water or wetland for the purpose of undertaking any other activity specified in this Chapter of this schedule or for the purpose of maintaining an existing man-made structure in or near any surface water or wetland.

“Chapter of this schedule” means Chapter 2, Schedule 9 of The Environmental Authorisations (Scotland) Regulations.

Authorisation level

General Binding Rule (GBR)

Rules

Operating any vehicle, plant or other equipment in or near any surface water or wetland is covered by General Binding Rules. If you intend to carry out this activity, and you comply with the rules set out below, your activity will be authorised. You don’t need to apply to SEPA for an authorisation.

If you carry out an activity under this authorisation you must comply with the rules. It is an offence to if you do not comply with the rules.

If you cannot comply with the rules, you will need a different type of authorisation.

General Binding Rule (GBR) for operating vehicles, plant or machinery in or near any surface water or wetland

  1. Any vehicles, plant or other equipment must only operate in water where it is impracticable for them to operate on dry land,

  2. the refuelling of vehicles, plant or other equipment must be undertaken at least 10 metres from any—

    1. river, burn, canal, ditch or loch, as measured from the top of the bank,
    2. wetland,
    3. transitional water or coastal water, as measured from the shoreline,

  3. any static plant or equipment used within 10 metres of any—

    1. river, burn, canal, ditch or loch, as measured from the top of the bank,
    2. wetland,
    3. transitional water or coastal water, as measured from the shoreline,

    must be positioned on a suitably sized and maintained impervious drip tray with a capacity equal to 110% of the capacity of the fuel tank which is supplying the plant or equipment,

  4. any vehicle, plant or other equipment used in or near surface water or wetland must not leak any oil,

  5. the washing of vehicles, plant or other equipment must be undertaken at least 10 metres away from any—

    1. river, burn, ditch or loch, as measured from the top of the bank,
    2. wetland, or
    3. transitional water or coastal water, as measured from the shoreline,

  6. vehicles, plant or other equipment must not be operated in the wetted part of a river, burn, ditch or loch during periods in which fish are likely to be spawning in the river, burn, ditch or loch nor during the period between any such spawning and the subsequent emergence of the juvenile fish,

  7. vehicles, plant or equipment must not be operated in any part of a river, burn, ditch or loch if there is a reasonable likelihood that, within 50 metres of such an operation, there are freshwater pearl mussels,

  8. during forestry operations the operator must not operate machinery in any surface water or wetland,

  9. following the operation of the vehicle, plant or other machinery, any damage caused by the operation to the bed and banks of the surface water or wetland must be repaired, including re-establishing vegetation on any areas of bare earth on the banks resulting from the operation, either by covering the area with grass turfs or lining them with a biodegradable geotextile and seeding.

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