Sediment management within 10 metres of a closed culvert or 5 metres of an outfall or intake

Unless otherwise authorised under these Regulations, this General Binding Rule (GBR) applies to the removal of accumulations of sediment or other matter to ensure ensuring the proper functioning of a closed culvert, abstraction or discharge pipe, from:

1. the bed of a river, burn, ditch or loch within 10 metres upstream of the point of entry of that river, burn, ditch or loch into a closed culvert,
2. the bed of a river, burn, ditch or loch within 10 metres downstream of the point of exit of that river, burn, ditch or loch from a closed culvert,
3. the inside of a closed culvert, or
4. the bed of a river, burn, ditch or loch within 5 metres of—
   1. an outfall for a surface water drainage system that discharges water run-off from buildings, roads, yards, any other built developments, or construction sites for such developments,
   2. an outfall for a sewage or trade effluent discharge, or
   3. an inlet for a water abstraction,

and, if desired, any subsequent return of the removed sediment to the river, burn, ditch or loch from which it was removed.

Authorisation level

General Binding Rule (GBR)

Rules

Sediment management within 10 metres of a closed culvert or 5 metres of an outfall or intake is covered by General Binding Rules (GBR 13). 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 sediment management within 10 metres of a closed culvert or 5 metres of an outfall or intake

1. The removal or return must not result in the bed of the river, burn, ditch or loch upstream of the culvert being lower than the upper surface of the base of the culvert where it joins the river, burn or ditch or loch,

2. the removal or return must not result in there being a vertical step between the upper surface of the base of the culvert and the bed of the river, burn, ditch or loch into which it discharges,

3. the removal or return must not be undertaken in the wetted part of the river, burn, ditch or loch during periods in which fish are likely to be spawning in the river, burn, ditch or loch nor in the period between any such spawning and the subsequent emergence of the juvenile fish,

4. vegetation on any bank of the river, burn, ditch or loch may be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification,

5. any vegetation removed must not be disposed of into the channel,

6. removed sediment and other matter must not be left on the banks such that its placement heightens the banks of any river, burn, ditch, or loch,

7. subject to paragraph (h), the removed sediment must, where possible, be returned to the river, burn, ditch or loch from which it was removed,

8. removed sediment must only be returned to the river, burn, ditch or loch from which it was removed, if—

   1. it is returned as close to the location of its removal as is practicable,
   2. it does not result in an accumulation of sediment likely to impede the free passage of migratory fish,
   3. all reasonable steps are taken to avoid increased erosion of the bed or the banks of the river, burn, ditch or loch,

9. the activity does not result in the introduction of any substance or heat to the water environment which may give rise to harm to the water environment.

Help and guidance

• Glossary of terms

Where relevant you must also ensure you comply with the following when undertaking this activity:

• GBR 7 (Temporary crossings, structures or works) and
• GBR 9 (Operating vehicles, plant or machinery in or near any surface water or wetland, and maintenance or replacement of an existing structure )