1. Home
  2. Regulation
  3. Authorisations and compliance
  4. EASR authorisations
  5. Water activities
  6. Pollution control
  7. Land activities

Back to Land activities

  • The storage and application of pesticides

The storage and application of pesticides

Table of contents
Select a section to jump to:
Select a section to jump to:

This General Binding Rule (GBR) applies to the storage and application of pesticides that are plant protection products

Authorisation level

General Binding Rule (GBR)

Rules

The storage and application of pesticides 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 the storage and application of pesticides

  1. The preparation of pesticide for application and the filling, cleaning or maintenance of pesticide sprayers or other devices used to apply pesticides—

    1. must be undertaken in a manner which prevents any spillages, runoff or washings from entering any surface water or wetland, and
    2. must not be undertaken within 10 metres of—
      1. river, burn, ditch or loch, as measured from the top of the bank,
      2. wetland,
      3. transitional water or coastal water, as measured from the shoreline, or
      4. opening into a surface water drainage system,

  2. pesticide sprayers and other devices used to apply pesticides must be maintained in a good state of repair, such that there is no leakage of pesticide from any part of the equipment and the sprayer is calibrated to accurately deliver the required application rate,

  3. pesticide sprayers and other devices used to apply pesticide must not be filled with water taken from any river, burn, ditch, loch, or wetland unless—

    1. a device preventing back siphoning is fitted to the system, or
    2. the water is first placed in an intermediate container,

  4. pesticide-treated plants must not be stored or soaked in any river, burn, ditch, loch, or wetland,

  5. pesticide must be applied in accordance with the terms and instructions of the relevant product approval,

  6. unless in accordance with paragraph (g), pesticide must not be applied in, onto or over ground or allowed to drift onto or over ground—

    1. that is frozen, snow covered or waterlogged, except where the application in, onto or over waterlogged ground is necessary for the purpose of controlling fungal disease and all precautions are taken to minimise the risk of pesticide entering any river, burn, ditch, loch, wetland, transitional water or coastal water,
    2. that is within 1 metre of any river, burn, ditch, loch, or wetland, as measured from the top of the bank, or within 1 metre of any transitional water or coastal water as measured from the shoreline,
    3. that is sloping, unless it is ensured that any run-off of pesticide is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, loch, wetland, transitional water or coastal water towards which the land slopes,
    4. that is within 50 metres of any spring that supplies water for human consumption,
    5. that is within 50 metres of any well or borehole unless the well or borehole is capped in such a way as to prevent the ingress of the pesticide,
    6. that has an impermeable surface which drains directly into a surface water drainage system, unless measures are taken to minimise the risk of pesticides entering the drainage system, or
    7. along roads, railway lines, permeable surfaces or other infrastructure, unless measures are taken to minimise the risk of the introduction of any substance or heat to any river, burn, ditch, loch, wetland, transitional water, coastal water or surface water drainage system that may result in harm to the water environment,

  7. pesticide may be applied within 1 metre of any river, burn, ditch or loch, as measured from the top of the bank, within 1 metre of any wetland, or within 1 metre of any transitional water or coastal water as measured from the shoreline where—

    1. they are specifically approved for aquatic use under Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC 30(1) and are applied in accordance with the terms of that approval,
    2. the application is for the sole purpose of controlling an invasive species of plant outwith its native range,
    3. no pesticide enters the river, burn, ditch, loch, wetland, transitional water or coastal water,
    4. the ground over or onto which pesticide is applied is not—
    5. frozen or snow-covered,
    6. waterlogged,
    7. except where the application in, onto or over waterlogged grounds is necessary for the purpose of controlling American skunk cabbage (lysichiton americanus) and all precautions are taken to minimise the risk of pesticide entering any river, burn, ditch, loch, wetland, transitional or coastal water,
    8. the ground over or onto which plant protection product is applied is not an impermeable surface which drains directly into a surface water drainage system unless measures are taken to minimise the risk of pesticide entering the drainage system,
    9. the ground over or onto which pesticide is applied is not within 50 metres of any spring that supplies water for human consumption,
    10. the ground over or onto which pesticide is applied is not within 50 metres of any well or borehole unless the well or borehole is capped in such a way as to prevent the ingress of the pesticide,
    11. the application, including the method used, is designed to minimise damage to other, non-target, vegetation,
    12. all necessary steps are taken to ensure that the application does not result in increased erosion of the banks of the river, burn, or loch or the shoreline of the transitional water or coastal water,
    13. there is no abstraction of water intended for human consumption from the—
      1. river, burn or ditch, within 250 metres downstream of the application, or
      2. the loch or wetland within 250 metres of the application,

    (1) EUR 2009/1107, amended by S.I. 2019/556, S.I. 2019/1410 and S.I. 2020/1376.

  8. application of pesticide must be carried out in such a way, and at such times, that the risk of the introduction of any substance or heat to any river, burn, ditch, loch, wetland, transitional water or coastal water that may give rise to harm to the water environment is minimised and, in particular, pesticide must not be applied—

    1. during rainfall, or
    2. during conditions when there is a risk that spray will drift or be blown outwith the target area

  9. pesticide, including any used packaging that has been stored in contact with pesticide, must not be stored—

    1. within 10 metres of 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,
    2. within 50 metres of any spring that supplies water for human consumption, or
    3. within 50 metres of any well or borehole (unless the well or borehole is capped in such a way as to prevent the ingress of any pesticide),

    unless the pesticide or used packaging is stored in such a way that any leakage or spillage and any exposed pesticide on used packaging cannot reach any river, burn, ditch, loch, wetland, transitional water, coastal water or any opening into a surface water drainage system, including by being transported in rainwater runoff,

  10. pesticide, including any used packaging that has been stored in contact with pesticide, must not be stored on an impermeable surface draining to a surface water drainage system.

Help and guidance

This GBR allows for the application of pesticides to plants that are an invasive species of plant outwith their native range, less than 1 metre from a surface water or wetland (as measured from the top of the bank or shoreline). This means you are allowed to apply pesticides:

  • On the bank of a river, burn or loch.
  • On a 1 metre wide strip of land, as measured from the top of the bank, further away from the water.
  • On a 1 metre wide strip of land inland from the shoreline for transitional or coastal waters.  The shoreline is defined by the Mean High Water Springs mark.  This mark can be found on an Ordnance Survey 1:25,000 scale map.
  • To emergent plants where the pesticide will not enter the water. This could be achievable using very controlled application techniques e.g. by using stem injection or a weed wiper.

Species considered invasive species of plant for the purposes of this GBR are:

The method used to apply the pesticide can have a significant influence on the potential risk posed by the activity.

  • Applications using stem injections or weed wiping present the lowest risk of pesticide drifting or impacting on non-target plants or areas.
  • The use of handheld equipment where the pesticide is carefully applied directly to the plant present the next lowest risk.
  • The use of boom sprayers presents a higher risk of pesticide entering surface water. Air assisted sprayers should not be used.

Pesticides applied within 1m of a surface water or wetland must be approved for aquatic use. Search the Pesticide Register for approved pesticides and the Official list of adjuvants for approved adjuvants approved for aquatic use.

If you intend to apply pesticides to plants that are not invasive species of plant on land less than 1 metre from a surface water or wetland, you will need to apply for a pesticide application near water registration.

You should avoid applying pesticides directly to surface water or wetlands to treat any species of plant. If you do need to carry out this activity, you will need to apply for a pesticide application in water permit. 

You might also need