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  • Within 10 metres upstream of a weir

Sediment management within 10 metres upstream of a weir

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Unless otherwise authorised under these Regulations, this General Binding Rule (GBR) applies to the removal of sediment or any other matter that may have been deposited on the bed of a river, burn or ditch, in the area of impounded water upstream of a weir, the operation of which is authorised under these Regulations and the return of that sediment if desired to the river, burn or ditch from which it was removed.

“These Regulations” means The Environmental Authorisations (Scotland) Regulations.

Authorisation level

General Binding Rule (GBR)

Rules

Sediment management within 10 metres upstream of a weir is covered by General Binding Rules (GBR 12). 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 upstream of a weir

  1. Only sediment or other matter within 10 metres upstream of the weir may be removed,

  2. the sediment or other matter removed must only include sediment or other matter that could reasonably be expected to have been deposited on the bed of the river, burn or ditch within a period of 3 years preceding the date of the removal,

  3. subject to paragraph (d), any gravel and coarse sediment that has been removed must, where possible, be returned to the river, ditch or burn from which it was taken,

  4. the return of sediment must—

    1. be achieved by placing it at the edge of the river, burn or ditch downstream of the weir in such a way and at such a location that high river flows are able to cause it to be redistributed by the river, burn or ditch,
    2. not result in an accumulation of sediment likely to impede the free passage of migratory fish,
    3. not be placed in a wetted part of the river, burn or ditch during periods in which fish are likely to be spawning in that part of the river, burn or ditch nor during the period between any such spawning and the subsequent emergence of the juvenile fish,
    4. be placed in such a way and such a location that the risk of the placement resulting in increased erosion of the bed or banks of the river burn, or ditch is minimised,
    5. not contain man-made matter,
    6. not result in the introduction of any substance or heat to the water environment which may give rise to harm to the water environment,

  5. removed sediment and other matter must not be deposited on the bed or left on the banks such that its placement heightens the banks of any river, burn, ditch or loch except in accordance with paragraph (c) and (d),

  6. the removal of sediment must not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,

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

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

Help and guidance

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