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  • Temporary crossings, structures or works

Temporary crossings, structures or works

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This General Binding Rule (GBR) applies to the installation and removal of–

  1. temporary crossings and temporary structures in a river, burn, ditch or loch, or
  2. any temporary works associated with the undertaking of any other activity specified in this Chapter of this schedule OR for the purpose of maintaining an existing man-made structure in a river, burn, ditch or loch,

unless the installation or removal is authorised by a registration or permit under these Regulations. “Chapter of this schedule” means Chapter 2, Schedule 9 of The Environmental Authorisations (Scotland) Regulations.

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

Authorisation level

General Binding Rule (GBR)

Rules

The installation and removal of temporary crossings and temporary structures or temporary works 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 temporary crossings, structures or works

  1. Any temporary crossing, temporary structure or temporary works—

    1. must be removed as soon as is reasonably practicable and in any event within a period of 12 months beginning with the date on which its installation commences,
    2. must not prevent the free passage of migratory fish,
    3. must not cause harm to fish,
    4. must not cause harm to freshwater pearl mussels, and
    5. must not result in the introduction of any substance or heat to the water environment which may give rise to harm to the water environment,

  2. the installation and removal of any temporary crossing, temporary structure or temporary works within the wetted part of the river, burn, ditch or loch must not take place during periods in which fish are likely to be spawning in that part of the river, burn, ditch or loch nor during the period between any such spawning and the subsequent emergence of the juvenile fish,

  3. 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,

  4. any vegetation removed must not be disposed of into the river, burn, ditch or loch,

  5. all reasonable steps must be taken to ensure that the works do not result in increased erosion of the bed or banks of the river, burn, ditch or loch.

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