{
  "url": "https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025/regulation-40",
  "json_url": "https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025/regulation-40.json",
  "legislation": "sdsi/2025/9780111062319",
  "legislation_title": "The Environmental Authorisations (Scotland) Amendment Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025",
  "path": "regulation/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Amendment of schedule 9 (general binding rules)",
  "text": "In schedule 9 (general binding rules), in Part 1—\n(a) after the Part heading (general binding rules), insert—\n“CHAPTER 1\nRadioactive Substances”,\n(b) in the table entry for activity 2—\n(i) in column 1, after “management”, insert “(other than the treatment and disposal),”,\n(ii) in column 2—\n(aa) for paragraph (c), substitute—\n“(c) a smoke detector must not be transferred to a person who is not legally entitled to manage it.”,\n(bb) omit paragraph (d),\n(c) in the table entry for activity 5, in column 2, in paragraph (c), omit “waste”,\n(d) in the table entry for activity 7, in column 2—\n(i) in paragraphs (b) and (d), before “waste” each time it appears, insert “radioactive”,\n(ii) after paragraph (e) insert—\n“(f) the maximum amount of uranium or thorium that can be held on a premises at any time is 5 kilograms.”,\n(e) in the table entry for activity 8, in column 2—\n(i) in paragraph (e), before “waste” insert “radioactive”,\n(ii) in paragraphs (f), (g) and (h)—\n(aa) omit “human” wherever it appears,\n(bb) before “waste” each time it appears, insert “radioactive”,\n(iii) after paragraph (h) insert—\n“(i) the maximum amount of a radioactive substance that can be held on a premises at any time is—\n(i) 1 x 109 becquerels of Tc-99m, and\n(ii) 2 x 108 becquerels of all other radionuclides, no more than 1 x 108 becquerels of which may be radioactive material.”,\n(f) in the table entry for activity 10—\n(i) in column 1, substitute—\n“10 The disposal of gaseous radioactive waste which contains no radionuclides other than Kr-85.”,\n(ii) in column 2, in paragraphs (a) and (b), before “waste” insert “radioactive”,\n(g) in the table entry for activity 11,\n(i) in column 1—\n(aa) in paragraph (a), for “column 2” substitute “column 3”,\n(bb) in paragraph (b), for “column 3” substitute “column 2”,\n(ii) in column 2—\n(aa) in paragraph (f)(i), for “T1-201”, substitute, “Tl-201”,\n(bb) in paragraph (h), before “waste” insert “radioactive”,\n(cc) after paragraph (h) insert—–\n“(i) the total activity of radioactive waste disposed of in normal refuse in a year must not exceed—\n(i) 2 x 109 becquerels for tritium or C-14,\n(ii) 2 x 108 becquerels for any other radionuclide,”,\n(h) after table, insert—\n“CHAPTER 2\nWater\nColumn 1\nActivity\nColumn 2\nRules\n1.\nThe operation of any weir that—\nThe weir must not impede the free passage of salmon and sea trout during periods within which, in the absence of the weir, the flow of the river would be at a level expected to enable migration.\n(a)\nis not capable of being operated to control the water level upstream of the weir,\n(b)\ndoes not result in the creation of a height differential between the upstream and downstream water surfaces of more than one metre, and\n(c)\nwas constructed before 1st April 2006.\n2.\nThe abstraction of less than 10 m³ of water in any one day.\n(a)\nThere must be a means of demonstrating that the abstraction is less than 10 m³ in any one day, such as a means of measuring the rate of the abstraction or a means of demonstrating that the maximum volume that could be abstracted cannot exceed 10 m³ in any one day,\n(b)\nwater leakage must be kept to a minimum by ensuring all pipe work, storage tanks and other equipment associated with the abstraction and use of the water are maintained in a state of good repair,\n(c)\nthe activity must not be located within 50 metres of any existing well, spring or borehole used for a water supply.\n3.\nThe construction, extension or operation of any well, borehole or other works by which water may be abstracted, if such works are—\n(a)\nThe construction and operation of—\n(i)\nsubject to paragraphs (b) and (c), the well or borehole, and\n(ii)\nany other works,\nmust be such as to—\n(aa)\nprevent the introduction to the water environment of water of a different chemical composition, or the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,\n(bb)\nprevent the mixing of groundwater of different chemical compositions in the water environment,\n(cc)\nprevent the flow of water between two hydro-geologically separate aquifers,\n(a)\nnot intended for the purpose of abstraction,\n(b)\ndrilling fluids may be introduced into the well or borehole if necessary to facilitate the drilling of the well or borehole provided this does not result in harm to the water environment,\n(b)\nintended for the abstraction of less than 10 m³ of water in any one day,\n(c)\nintended for the abstraction of less than 150 m³ of water in any period of one year, and the purpose of the abstraction is either—\n(c)\npotable water may be introduced into the well or borehole to test the hydraulic properties of the aquifer,\n(d)\nwhen the well or borehole is no longer required, it must be back filled or sealed to the extent necessary to—\n(i) avoid loss of groundwater from any aquifer, and\n(ii) avoid the introduction, into any body of groundwater, of—\n(aa) any substances or heat which may give rise to harm to the water environment, or\n(bb) water of a different chemical composition,\n(i)\nto test for the yield of the borehole or well or the hydraulic properties of the aquifer, or\n(ii)\nto sample the water quality,\n(d)\nintended to dewater one or more excavations at—\n(e)\nthe depth of any well or borehole beneath the surface of the ground must not exceed 200 metres,\n(i)\na construction site for roads, buildings, pipelines, or other built developments, or\n(ii)\na site at which the maintenance of such developments is being undertaken, or\n(f)\nthe borehole must not be constructed within 50 metres of an existing well or borehole for the supply of water without the consent of the owner of the existing well or borehole.\n(e)\nintended for the purpose of undertaking activity 17.\n4.\nThe abstraction from a borehole, and any subsequent discharge of the abstracted water, if the total volume of water abstracted is less than 150 m³ in any period of one year and the purpose of the abstraction is either—\n(a)\nThe abstraction must not cause the introduction to any body of groundwater of—\n(i) any substances or heat which may give rise to harm to the water environment, or\n(ii) water of a different chemical composition,\n(a)\nto test the yield of the borehole or well or the hydraulic properties of the aquifer, or\n(b)\nwhen the borehole is not being used for abstraction, it must be back filled or sealed to the extent necessary to avoid loss of groundwater from any aquifer.\n(b)\nto sample the water quality.\n5.\nThe dredging of a river, burn or ditch that—\n(a)\nhas an average bed width of less than one metre along the stretch to be worked, and\n(a)\nVegetation 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,\n(b)\nhas been artificially straightened or canalised along the length which is to be worked.\n(b)\nany vegetation removed must not be disposed of into the river, burn or ditch,\n(c)\nthe activity must not result in the widening of the bed width of the river, burn or ditch,\n(d)\nall reasonable steps must be taken to prevent the transport of sediments or other matter disturbed by the works into waters beyond the worked stretch,\n(e)\nany works in the wetted part of the river, burn or ditch must not be undertaken during periods in which fish are likely to be spawning in the river, burn or ditch nor in the period between any such spawning and the subsequent emergence of the juvenile fish,\n(f)\nall reasonable steps must be taken to avoid increased erosion of the bed or banks of the river, burn or ditch as a result of the works,\n(g)\nthe bed of the worked stretch must be graded at a shallow angle to tie in with the bed level upstream and downstream and there must be no steps or sudden changes in the angle of the bed slope,\n(h)\nthe removed sediment must not be left on the banks such that its placement heightens the banks.\n6.\nThe installation of—\n(a)\na crossing where no part of the crossing is on the bed or banks of a river, burn, ditch or loch,\n(a)\nVegetation on any bank of the river, burn, ditch or loch may be removed or modified only to the extent that the works cannot be reasonably be carried out without such removal or modification,\n(b)\nan outfall which discharges into a river, burn, ditch or loch.\n(b)\nany vegetation removed must not be disposed of into the river, burn, ditch or loch,\n(c)\nthe works must not prevent the free passage of migratory fish,\n(d)\nthe works must not result in the narrowing of the channel width nor the heightening of either bank,\n(e)\nany works in the wetted part of any river, burn, ditch or loch must not be undertaken 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,\n(f)\nall 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,\n(g)\nthe works 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,\n(h)\nany outfall and associated works must be designed and installed to be no larger than is necessary for the proper operation of the outfall, and in any case must not extend more than 20 metres along the length of the river, burn, ditch or loch.\n7.\nThe installation and removal of—\n(a)\nAny temporary crossing, temporary structure or temporary works—\n(a) temporary crossings and temporary structures in a river, burn, ditch or loch, or\n(i) 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,\n(b) 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,\n(ii) must not prevent the free passage of migratory fish,\n(iii) must not cause harm to fish,\n(iv) must not cause harm to freshwater pearl mussels, and\n(v) 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,\nunless the installation or removal is authorised by a registration or permit under these Regulations.\n(b)\nthe 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,\n(c)\nvegetation 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,\n(d)\nany vegetation removed must not be disposed of into the river, burn, ditch or loch,\n(e)\nall 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.\n8.\nBank works by revetment or bank reprofiling of a river, burn, ditch or loch.\n(a)\nAll reasonable steps must be taken to ensure that the works do not result in increased erosion of either bank of the river, burn, ditch or loch,\n(b)\nthe works must not result in the destabilisation of the bed of the river, burn, ditch or loch upstream or downstream of the works,\n(c)\nvegetation 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,\n(d)\nany vegetation removed must not be disposed of into the river, burn, ditch or loch,\n(e)\nrevetments must be constructed from one or more of the following: vegetation, biodegradable geotextiles, wood other than wood treated with preservatives or non-grouted stone rip-rap,\n(f)\nthe length of any revetment or bank reprofiling must be no more than 10 metres or one channel width, whichever is greater,\n(g)\nif wood or stone rip-rap is used for a revetment, the wood or rip-rap must only be placed at the toe of the bank,\n(h)\nexcept for the purpose of repairing an existing revetment, no bank protection works must be undertaken within 5 channel widths or 50 metres (whichever is the greater) of any existing bank protection works on any bank of the river, burn, ditch or loch,\n(i)\nthe works must not result in the heightening or lowering of either bank top,\n(j)\nthe works 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.\n9.\nOperating 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.\n(a)\nAny vehicles, plant or other equipment must only operate in water where it is impracticable for them to operate on dry land,\n(b)\nthe refuelling of vehicles, plant or other equipment must be undertaken at least 10 metres from any—\n(i)\nriver, burn, canal, ditch or loch, as measured from the top of the bank,\n(ii)\nwetland,\n(iii)\ntransitional water or coastal water, as measured from the shoreline,\n(c)\nany static plant or equipment used within 10 metres of any—\n(i)\nriver, burn, canal, ditch or loch, as measured from the top of the bank,\n(ii)\nwetland,\n(iii)\ntransitional water or coastal water, as measured from the shoreline,\nmust 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,\n(d)\nany vehicle, plant or other equipment used in or near surface water or wetland must not leak any oil,\n(e)\nthe washing of vehicles, plant or other equipment must be undertaken at least 10 metres away from any—\n(i)\nriver, burn, ditch or loch, as measured from the top of the bank,\n(ii)\nwetland, or\n(iii)\ntransitional water or coastal water, as measured from the shoreline,\n(f)\nvehicles, 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,\n(g)\nvehicles, 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,\n(h)\nduring forestry operations the operator must not operate machinery in any surface water or wetland,\n(i)\nfollowing 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.\n10A. The discharge of water run-off from a surface water drainage system to the water environment from buildings, roads other than water-bound roads, yards, or any other built development constructed before 1 April 2007, with the exception of run-off from any motorway or trunk road where—\n(a)\nAll reasonable steps must be taken to ensure that the discharge does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,\n(b)\nthe discharge must not—\n(i)\ncontain any trade effluent or domestic sewage,\n(i)\nany one outfall serves a length of road greater than 1 kilometre, and\n(ii)\nresult in visible discolouration, iridescence, foaming or sewage fungus in the water environment, or\n(ii)\nthe footprint of the road or its associated infrastructure is enlarged or otherwise altered on or after 1 April 2007.\n(iii)\ncontain any water run-off from a construction site,\n(c)\nthe discharge must not result in the destabilisation of the banks or bed of the receiving surface water,\n(d)\nall facilities with which the surface water drainage system is equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair,\n(e)\nall reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment, which may give rise to harm to the water environment, is prevented from entering the drainage system.\n10B. The discharge of water run-off from a surface water drainage system to the water environment from buildings, roads other than water-bound roads, yards, or any other built development constructed on or after 1 April 2007, with the exception of run-off from—\n(a)\nAll reasonable steps must be taken to ensure that the discharge does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,\n(b)\nthe discharge must not—\n(i)\ncontain any trade effluent or domestic sewage,\n(i)\nland of more than 30 hectares which is used for residential premises,\n(ii)\nresult in visible discolouration, iridescence, foaming or sewage fungus in the water environment, or\n(ii)\nindustrial estates,\n(iii)\ncontain any water run-off from a construction site,\n(iii)\nland used as a motorised vehicle parking area with more than 1,000 parking spaces,\n(c)\nthe discharge must not result in the destabilisation of the banks or bed of the receiving surface water,\n(iv)\nmotorways and trunk roads where any one outfall serves a length of road greater than 1 kilometre.\n(d)\nthe development must be drained by a SUD system equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, unless—\n(i)\nthe run-off is from a development that is a single dwelling and its curtilage, or\n(ii)\nthe discharge is to coastal water,\n(e)\nthe discharge must not contain any water run-off from—\n(i)\nany fuel delivery areas constructed on or after 1 April 2007, or any areas where vehicles, plant and equipment are refuelled constructed on or after 1 April 2007,\n(ii)\nvehicle loading or unloading bays constructed on or after 1 April 2007 where potentially polluting matter is handled, or\n(iii)\noil and chemical storage handling and delivery areas constructed on or after 1 April 2007,\n(f)\nall facilities with which the surface water drainage system is equipped to avoid the introduction of any substances or heat which may give rise to harm to the water environment, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair,\n(g)\nall reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment, which may give rise to harm to the water environment, is prevented from entering the drainage system.\n10C. The discharge of water run-off from a quarry or borrow pit constructed on or after 1 January 2022.\n(a)\nAll reasonable steps must be taken to ensure that the discharge does not result in the introduction of any substances or heat to the water environment which may give rise to any harm to the water environment,\n(b)\nthe discharge must not—\n(i)\ncontain any trade effluent or domestic sewage, or\n(ii)\nresult in visible discolouration, iridescence, foaming or sewage fungus in the water environment,\n(c)\nthe discharge must not result in the destabilisation of the banks or bed of the receiving surface water,\n(d)\nthe discharge must not contain any water run-off from—\n(i)\nany fuel delivery areas constructed on or after 1 April 2007, or any areas where vehicles, plant and equipment are refuelled constructed on or after 1 April 2007,\n(ii)\nvehicle loading or unloading bays constructed on or after 1 April 2007 where potentially polluting matter is handled, or\n(iii)\noil and chemical storage handling and delivery areas constructed on or after 1 April 2007,\n(e)\nthe quarry or borrow pit must be drained by a SUD system or equivalent system equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,\n(f)\nall facilities with which the surface water drainage system is equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair,\n(g)\nall reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment is prevented from entering the drainage system.\n10D. The discharge of water run-off from a construction site to the water environment where the site, including any constructed access tracks, does not—\n(a)\nAll reasonable steps must be taken to ensure that the discharge does not introduce any substances or heat to the water environment which may give rise to harm to the water environment,\n(i)\nexceed 4 hectares,\n(b)\nthe discharge must not—\n(ii)\ncontain a road or track length in excess of 5 kilometres, or\n(i)\ncontain any trade effluent or domestic sewage, or\n(iii)\ninclude any area of more than 1 hectare or any length of more than 500 metres on ground with a slope in excess of 25 degrees.\n(ii)\nresult in visible discolouration, iridescence, foaming or sewage fungus in the water environment,\n(c)\nthe discharge must not result in the destabilisation of the banks or bed of the receiving surface water,\n(d)\nthe discharge must not contain any water run-off from any built developments, unless during construction those developments are drained by a SUD system or equivalent system equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,\n(e)\nthe discharge must not contain any water run-off from—\n(i)\nany fuel delivery areas constructed on or after 1 April 2007, or any areas where vehicles, plant and equipment are refuelled constructed on or after 1 April 2007,\n(ii)\nvehicle loading or unloading bays constructed on or after 1 April 2007 where potentially environmentally harmful matter is handled, or\n(iii)\noil and chemical storage handling and delivery areas constructed on or after 1 April 2007,\n(f)\nall parts of a construction site on which—\n(i)\noperations first commenced on or after 1 June 2018, and\n(ii)\nany works are to be undertaken, or any vehicles are to be operated or parked,\nmust be drained by a surface water drainage system with capacity to accommodate the maximum volume of run-off that would reasonably be expected to occur from that land during the period of construction,\n(g)\nall facilities with which the surface water drainage system is equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair,\n(h)\nall reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment is prevented from entering the drainage system.\n11.\nDischarge into a surface water drainage system.\n(a)\nOil, paint, paint thinners, pesticides, detergents, disinfectants or any other substances or heat which may give rise to harm to the water environment must not be disposed of into a surface water drainage system or onto any surface that drains into a surface water drainage system,\n(b)\nany matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment must not be disposed of into a surface water drainage system or onto a surface that drains into a surface water drainage system,\n(c)\ndomestic sewage or trade effluent must not be discharged into any surface water drainage system,\n(d)\non construction sites, any area of exposed soil from which the discharge of water run-off to the water environment is authorised under activity 10D of this Chapter, and the period of time during which such soil is exposed, must be the minimum required to facilitate the construction works being undertaken at that site.\n12.\nUnless otherwise authorised under these Regulations, 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.\n(a)\nOnly sediment or other matter within 10 metres upstream of the weir may be removed,\n(b)\nthe 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,\n(c)\nsubject 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,\n(d)\nthe return of sediment must—\n(i)\nbe 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,\n(ii)\nnot result in an accumulation of sediment likely to impede the free passage of migratory fish,\n(iii)\nnot 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,\n(iv)\nbe 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,\n(v)\nnot contain man-made matter,\n(vi)\nnot result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,\n(e)\nremoved 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),\n(f)\nthe 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,\n(g)\nvegetation 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,\n(g)\nany vegetation removed must not be disposed of into the channel.\n13.\nFor the purpose of ensuring the proper functioning of a closed culvert, abstraction or discharge pipe, the removal of accumulations of sediment or other matter from—\n(a)\nThe 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,\n(a)\nthe 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,\n(b)\nthe 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,\n(b)\nthe 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,\n(c)\nthe 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,\n(c)\nthe inside of a closed culvert, or\n(d)\nvegetation 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,\n(d)\nthe bed of a river, burn, ditch or loch within 5 metres of—\n(i)\nan 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,\n(e)\nany vegetation removed must not be disposed of into the channel,\n(f)\nremoved 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,\n(g)\nsubject to paragraph (h), the removed sediment must, where possible, be returned to the river, burn, ditch or loch from which it was removed,\n(ii)\nan outfall for a sewage or trade effluent discharge, or\n(h)\nthe removed sediment must only be returned to the river, burn, ditch or loch from which it was removed, if—\n(iii)\nan inlet for a water abstraction,\n(i)\nit is returned as close to the location of its removal as is practicable,\nand, if desired, any subsequent return of the removed sediment to the river, burn, ditch or loch from which it was removed.\n(ii)\nit does not result in an accumulation of sediment likely to impede the free passage of migratory fish,\n(iii)\nall reasonable steps are taken to avoid increased erosion of the bed or the banks of the river, burn, ditch or loch,\n(i)\nthe activity does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment.\n14.\nThe installation of instream structures or the placement of one or more boulders in a river, burn or ditch.\n(a)\nThe placed boulder or boulders or the installed instream structures must not occupy—\n(i)\nmore than 10% of the bed width, or\n(ii)\nmore than 10 metres of channel length.\n(b)\nno boulder or boulders, croy or flow deflector must be placed within 20 metres of any other boulder or boulders or any structure on the bed of the river, burn or ditch,\n(c)\nno boulder or boulders and croy or flow deflector must be placed or installed in such a way as to extend the width occupied by any structure to greater than 10% of the bed width,\n(d)\nthe tops of the boulders, and any croy or flow deflector must be submerged except during periods of low flows,\n(e)\nany works in the wetted part of the river, burn or ditch must not be undertaken during periods in which fish are likely to be spawning in the river, burn, or ditch nor in the period between any such spawning and the subsequent emergence of the juvenile fish,\n(f)\nall 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 or ditch,\n(g)\nboulders and instream structures must not be placed or installed if there is a reasonable likelihood that, within 50 metres of the intended placement, there are freshwater pearl mussels,\n(h)\nboulders and instream structures must not be placed or installed such that they prevent the free passage of migratory fish,\n(i)\nthe works 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.\n15.\nThe temporary abstraction of groundwater at—\n(a)\nGroundwater may only be abstracted at the site within a period of 180 days beginning with the first day on which groundwater is abstracted at the site,\n(a)\na construction site for roads, railways, buildings, pipelines, communication links or other built development, or\n(b)\nother than where paragraph (g)(i) applies, groundwater must not be abstracted from any excavations, wells or boreholes that are within 250 metres of any surface water unless the abstracted water is discharged into the surface water at the nearest part of the surface water to the point of abstraction and in accordance with paragraph (f) or (g)(ii), as applicable,\n(b)\na site at which the maintenance of such development is being undertaken,\nby means of—\n(i)\npumping the groundwater directly from any excavation or excavations on the site, or\n(ii)\npumping the groundwater from any wells or boreholes on the site in order to help dewater any other excavation or excavations on the site,\n(c)\ngroundwater must not be abstracted from any excavations, wells or boreholes that are within 250 metres of a wetland,\n(d)\ngroundwater must not be abstracted from any excavations, wells or boreholes that are within 250 metres of an abstraction that is not for the sole purpose of dewatering an excavation,\nand, if desired, the subsequent discharge of the abstracted groundwater to the water environment.\n(e)\nall reasonable steps must be taken to ensure that the quantity of sediment in the abstracted water is minimised,\n(f)\nif the abstracted groundwater is taken directly from an excavation and this water, and any precipitation or water run-off that has also collected in the excavation, is discharged to the water environment, it must be discharged via a surface water drainage system authorised under these Regulations subject to the consent of the person having operational control of the system,\n(g)\nif the abstracted groundwater is taken from a borehole or well, and is discharged to the water environment, it must be—\n(i)\ndischarged directly back to the same part of the geological formation or the mine workings from which it was abstracted, provided that the abstracted water does not contain any radioactive substances, and that no substances are added to, or otherwise allowed to enter, the abstracted water prior to its return, or\n(ii)\ndischarged via a surface water drainage system authorised under these Regulations subject to the consent of the person having control of the system, and\n(h)\nall reasonable steps must be taken to ensure that the discharge of abstracted groundwater does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment.\n16.\nThe direct discharge of substances or heat which may give rise to harm to the water environment into groundwater as a result of construction or maintenance works in or on the ground which come into contact with groundwater.\n(a)\nNo solid or liquid materials coming into contact with groundwater may contain any groundwater hazardous substances,\n(b)\ndespite paragraph (a), drilling fluids used during the works and grout may come into contact with groundwater if necessary to facilitate any drilling or ground stabilisation provided this does not result in the introduction of any substances or heat which gives rise to harm to the water environment,\n(c)\nno materials coming into contact with groundwater as a result of the works may cause the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,\n(d)\nthe edge of any grouted area must not be within 250 metres of any springs, wells or boreholes that supply water for human consumption.\n17.\nThe abstraction and subsequent return of groundwater for the purpose of extracting geothermal energy from the abstracted water or for the purpose of transferring heat to geological formations as part of a cooling system.\n(a)\nThe abstracted water must be returned to the same part of the geological formation or the mine workings from which it was abstracted,\n(b)\nany volume of water may be abstracted but the volume of water abstracted and not returned must not exceed 10m 3 per day,\n(c)\nno substances may be added to, or otherwise allowed to enter, the abstracted water prior to its return to the geological formation or the mine workings from which it was abstracted,\n(d)\nthere must be a means of demonstrating that the net abstraction is not more than 10m 3 in any one day,\n(e)\nwater leakage must be kept to a minimum by ensuring that all pipe work, storage tanks and other equipment associated with the abstraction and use of the water are maintained in a good state of repair,\n(f)\nthe activity must not be located within 250 metres of any abstraction of water intended for human consumption that is in use prior to the activity commencing and must not prevent any abstraction of water which is authorised under these Regulations provided it is in use prior to the activity commencing.\n18.\n(a)\nThe storage of fertiliser unless—\n(a)\nNo fertiliser may be stored, including temporarily, in a mobile tank or bowser, on land that—\n(i)\nthe storage is otherwise authorised under these Regulations,\n(ii)\nit is an activity specified at activities 31, 32 or 34 of column 1 of this schedule,\n(b)\nThe application of any fertiliser unless the application is otherwise authorised under these Regulations.\n(i)\nis within 10 metres of any—\n(aa)\nriver, burn, ditch or loch, as measured from the top of the bank,\n(bb)\nwetland,\n(cc)\ntransitional water or coastal water, as measured from the shoreline,\n(ii)\nis within 50 metres of any—\n(aa)\nspring that supplies water for human consumption,\n(bb)\nwell or borehole that is not capped in such a way so as to prevent the ingress of water,\n(iii)\nis waterlogged,\n(iv)\nhas an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, unless the fertiliser is stored in an impermeable container,\n(v)\nis sloping (unless the fertiliser is inorganic or it is ensured that any run-off of fertiliser 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),\nunless the fertiliser is stored in a building which is constructed and maintained to such a standard as is necessary to prevent run-off or seepage of fertiliser from the building,\n(b)\ninorganic liquid fertiliser must only be stored in a rigid, impermeable tank that—\n(i)\nhas a lockable, double valve on the outlet that is closed and locked when the tank is unattended,\n(ii)\nis located above ground,\n(iii)\nis protected from vehicle collision,\n(c)\ninorganic liquid fertiliser must not be stored in a field unless contained in a tank, bowser or spreading equipment—\n(i)\nwhose hatches and lids are securely closed and whose outlets are securely closed and locked, except when fertiliser is being transferred or applied,\n(ii)\nthat is held on a support in such a way that it cannot become dislodged,\n(iii)\nthat is on a support which is stable under the fully loaded weight of the tank or bowser and cannot itself become dislodged,\n(d)\nwhen any inorganic liquid fertiliser or liquid digestate is being transferred to a tank, bowser or spreading equipment, all reasonable steps must be taken to prevent any spillage or leakage entering the water environment,\n(e)\nno organic fertiliser may be applied to land that—\n(i)\nis within 10 metres of any\n(aa)\nriver, burn, ditch or loch, as measured from the top of the bank,\n(bb)\nwetland,\n(cc)\ntransitional water or coastal water, as measured from the shoreline,\n(dd)\nopening into a surface water drainage system,\n(ii)\nis within 50 metres of any—\n(aa)\nspring that supplies water for human consumption,\n(bb)\nwell or borehole that is not capped in such a way so as to prevent the ingress of water,\n(iii)\nhas an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, except where the application is for forestry operations,\n(iv)\nis frozen (except where the fertiliser is farmyard manure), waterlogged, or covered with snow,\n(v)\nis sloping, unless it is ensured that any run-off of fertiliser 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,\n(f)\nno inorganic fertiliser may be applied to land that—\n(i)\nis within 2 metres of any—\n(aa)\nriver, burn, ditch or loch, as measured from the top of the bank,\n(bb)\nwetland,\n(cc)\ntransitional water or coastal water, as measured from the shoreline, or\n(dd)\nopening into a surface water drainage system, or\n(ii)\nis within 5 metres of any—\n(aa)\nspring that supplies water for human consumption,\n(bb)\nwell or borehole that is not capped in such a way so as to prevent the ingress of water,\n(iii)\nhas an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, except where the application is for forestry operations,\n(iv)\nis frozen, waterlogged, or covered with snow, or\n(v)\nis sloping, unless it is ensured that any run-off of fertiliser is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, wetland, loch, transitional water or coastal water towards which the land slopes,\n(g)\nfertilisers must not be applied to land—\n(i)\nin such amounts that the crop requirement for nitrogen is exceeded,\n(ii)\nin excess of the amount required to maintain the soil phosphorus status at acceptable agronomic levels, or\n(iii)\nduring heavy rainfall or where heavy rainfall is forecast within 24 hours,\n(h)\ndewatered digestate must be stored—\n(i)\nin such a way that it is securely contained so that any escape or run-off is prevented, or\n(ii)\nin a heap which is protected from the ingress of water,\n(i)\nif dewatered digestate is stored in a heap in field, it must be applied to land within 6 months of the commencement of the storage,\n(j)\nany equipment used to apply fertiliser must be maintained in a good state of repair,\n(k)\nfertiliser must be applied on land in such a way and at such times that the introduction of any substances or heat to the water environment which may give rise to harm to the water environment is minimised,\n(l)\nwhere organic fertilisers are to be applied to land—\n(i)\na risk assessment must be carried out in respect of that land, including the preparation of a map of the farm which clearly shows—\n(aa)\nthe delineation of every field,\n(bb)\nthe area of every field in hectares,\n(cc)\nthe location of all surface water, springs, wells, boreholes storage tanks or any other structures sunk into underground strata for the purpose of providing a water supply,\n(dd)\nany area of land with a slope of 12 degrees or more,\n(ee)\nthe location of any field heaps,\n(ff)\nareas where organic fertiliser must not be applied in accordance with paragraph (e)(i), (ii), (iii) and (v),\n(gg)\nany other area of high risk to the water environment,\n(ii)\nthe person carrying out the application of organic fertilisers must be provided with the map for the area to which fertiliser is being applied, or\n(iii)\nfield heaps of organic fertilisers must not be located in any area identified on the map in accordance with paragraph (l)(i)(cc), (ff) or (gg),\n(m)\nslurry and liquid digestate must be applied using precision equipment.\n19.\nKeeping of livestock.\n(a)\nSignificant erosion or poaching of any land that is within 5 metres of any—\n(i)\nriver, burn, ditch, or loch as measured from the top of the bank,\n(ii)\nwetland,\n(iii)\nspring that supplies water for human consumption,\n(iv)\nwell or borehole that is not capped in such a way so as to prevent ingress of water, or\n(v)\ntransitional water or coastal water, as measured from the shoreline,\nmust be prevented,\n(b)\nlivestock must be prevented from entering any land that is within 5 metres of any spring or borehole that supplies water for human consumption or within 5 metres of any well or borehole that is not capped in such a way so as to prevent the ingress of water,\n(c)\nlivestock feeders must not be positioned within 10 metres of any—\n(i)\nriver, burn, ditch, or loch, as measured from the top of the bank,\n(ii)\nwetland,\n(iii)\nspring that supplies water for human consumption,\n(iv)\nwell or borehole that is not capped in such a way so as to prevent ingress of water, or\n(v)\ntransitional water or coastal water, as measured from the shoreline,\n(d)\nrun-off from land on which livestock congregate to access watering points or feeders must be intercepted (by means of a sufficient buffer zone or otherwise) such that any faeces, urine or soil in the run-off are prevented from entering any spring, well, borehole, surface water or wetland.\n20.\nCultivation of land.\n(a)\nNo land may be cultivated for crops that is—\n(i)\nwithin 2 metres of any—\n(aa)\nriver, burn, ditch or loch, as measured from the top of the bank,\n(bb)\nwetland, or\n(cc)\ntransitional water or coastal water, as measured from the shoreline\n(ii)\nwithin 5 metres of any—\n(aa)\nspring that supplies water for human consumption,\n(bb)\nwell or borehole that is not capped in such a way so as to prevent the ingress of water,\n(iii)\nwaterlogged,\n(b)\nmoling of land must not be carried out on slopes that—\n(i)\nhave an overall gradient in excess of 4.5 degrees,\n(ii)\nslope towards any surface water or wetland,\n(c)\nland must be cultivated in a way that minimises the risk of the introduction of any substances or heat to any surface water or wetland which may give rise to harm to the water environment.\n21.\nWithout prejudice to the operation of activities 10A, 10B, 10C and 10D, and the rules related to them, the discharge of water run-off via a surface water drainage system to the water environment as a result of rural land activities.\n(a)\nWater must be discharged in a way which minimises the risk of the introduction of any substances or heat to any river, burn, ditch, loch, wetland, transitional water or coastal water that may give rise to harm to the water environment,\n(b)\nno discharge from drainage may result in the destabilisation of the banks or bed of the receiving river, burn, ditch, loch, wetland, transitional water or coastal water.\n22.\nThe discharge of water run-off from water-bound roads and tracks to the water environment, including during the construction and maintenance of such roads and tracks.\n(a)\nAll reasonable steps must be taken to ensure that any discharge does not result in the introduction of any substances or heat to the water environment that may give rise to harm to the water environment,\n(b)\nany discharge must not result in visible discolouration, iridescence, foaming or sewage fungus in the water environment,\n(c)\nany discharge must not result in the destabilisation of the banks or bed of the receiving surface water.\n23.\nThe storage and application of pesticides that are plant protection products\n(a)\nThe preparation of pesticide for application and the filling, cleaning or maintenance of pesticide sprayers or other devices used to apply pesticides—\n(i)\nmust be undertaken in a manner which prevents any spillages, runoff or washings from entering any surface water or wetland, and\n(ii)\nmust not be undertaken within 10 metres of any—\n(aa)\nriver, burn, ditch or loch, as measured from the top of the bank,\n(bb)\nwetland,\n(cc)\ntransitional water or coastal water, as measured from the shoreline, or\n(dd)\nopening into a surface water drainage system,\n(b)\npesticide 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,\n(c)\npesticide sprayers and other devices used to apply pesticide must not be filled with water taken from any river, burn, ditch, loch, or wetland unless—\n(i)\na device preventing back siphoning is fitted to the system, or\n(ii)\nthe water is first placed in an intermediate container,\n(d)\npesticide-treated plants must not be stored or soaked in any river, burn, ditch, loch, or wetland,\n(e)\npesticide must be applied in accordance with the terms and instructions of the relevant product approval,\n(f)\nunless in accordance with paragraph (g), pesticide must not be applied in, onto or over ground or allowed to drift onto or over ground that—\n(i)\nis 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,\n(ii)\nis 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,\n(iii)\nis 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,\n(iv)\nis within 50 metres of any spring that supplies water for human consumption,\n(v)\nis 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,\n(vi)\nhas 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\n(vii)\nis along roads, railway lines, permeable surfaces or other infrastructure, unless measures are taken to minimise the risk of the introduction of any substances 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,\n(g)\npesticide 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—\n(i)\nthey 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/EEC30 and are applied in accordance with the terms of that approval,\n(ii)\nthe application is for the sole purpose of controlling an invasive species of plant outwith its native range,\n(iii)\nno pesticide enters the river, burn, ditch, loch, wetland, transitional water or coastal water,\n(iv)\nthe ground over or onto which pesticide is applied is not—\n(aa)\nfrozen or snow-covered,\n(bb)\nwaterlogged,\nexcept 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,\n(v)\nthe 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,\n(vi)\nthe ground over or onto which pesticide is applied is not within 50 metres of any spring that supplies water for human consumption,\n(vii)\nthe 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,\n(viii)\nthe application, including the method used, is designed to minimise damage to other, non-target, vegetation,\n(ix)\nall 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,\n(x)\nthere is no abstraction of water intended for human consumption from the—\n(aa)\nriver, burn or ditch, within 250 metres downstream of the application, or\n(bb)\nthe loch or wetland within 250 metres of the application,\n(h)\napplication of pesticide must be carried out in such a way, and at such times, that the risk of the introduction of any substances 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—\n(i)\nduring rainfall, or\n(ii)\nduring conditions when there is a risk that spray will drift or be blown outwith the target area\n(i)\npesticide, including any used packaging that has been stored in contact with pesticide, must not be stored—\n(i)\nwithin 10 metres of any—\n(aa)\nriver, burn, ditch or loch, as measured from the top of the bank,\n(bb)\nwetland, or\n(cc)\ntransitional water or coastal water, as measured from the shoreline,\n(ii)\nwithin 50 metres of any spring that supplies water for human consumption, or\n(iii)\nwithin 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),\nunless 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,\n(j)\npesticide, 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.\n24.\nOperating sheep dipping facilities, and operating sheep handling facilities where—\n(a)\nSheep must be prevented from having access to any surface water or wetland while there is a risk of transfer of sheep dip fluid or any pour-on parasite treatment from their fleece to such places,\n(a)\nsheep are held immediately after dipping,\n(b)\npour-on parasite treatments are applied, or\n(c)\nsheep are held immediately after the application of pour-on treatments.\n(b)\nno mobile sheep dipping facility, or part of any sheep dipping facility constructed on or after 1st April 2008 or sheep handling facility used for pour-on treatments constructed on or after 1st January 2018 may be located within 50 metres of any—\n(i)\nriver, burn, ditch, or loch as measured from the top of the bank,\n(ii)\nwetland,\n(iii)\ntransitional water or coastal water, as measured from the shoreline, or\n(iv)\nwell, spring or borehole,\n(c)\nsheep dipping facilities must not discharge underground and must not leak or overspill,\n(d)\nsheep dipping facilities must not be filled with water taken from the water environment unless—\n(i)\na device preventing back siphoning is fitted to the system, or\n(ii)\nthe water is first placed in an intermediate container, and\n(e)\nwithout prejudice to the continued requirement to obtain specific authorisation for the disposal of sheep dip under these Regulations, sheep dip facilities must be emptied within 24 hours following completion of dipping.\n25.\nBank works using the placement of trees or parts of trees in any river, burn, ditch or loch.\n(a)\nThe trees or parts of trees must be placed only in or along banks,\n(b)\nthe placement must result in an arrangement of live or dead tree stems, branches or roots which, as the water flows through the arrangement, flex or bend and impede its flow with the effect of cushioning the bank from the force of the river, burn, ditch or loch,\n(c)\nthe placed trees or parts of trees must be tied, keyed or staked into the bank or bed of the river, burn, ditch or loch so as to secure them in place,\n(d)\nthe placed trees or parts of trees must be graded smoothly into the existing line of the bank,\n(e)\nin protecting banks—\n(i)\nthe angle or profile of the bank may only be altered for the purpose of enabling the establishment and growth of trees or the placement of trees or parts of trees,\n(ii)\nstones may be placed at the toe of the bank for the purpose of preventing the bank being undercut before the trees have become established, provided that any stones used are no larger than the largest stones that have been deposited on the bed within 500 metres of the bank\n(f)\nall reasonable steps must be taken whilst placing the trees or parts of trees to—\n(i)\nprevent any exposed soil or other sediments from entering the river, burn, ditch or loch, and\n(ii)\nwhere soil or other sediments do enter the river, burn, ditch or loch, prevent these from being transported beyond the part of the bank being protected,\n(g)\nonce the trees or parts of trees have been placed, any areas of bare earth on the banks resulting from the works must be re-vegetated to minimise the risk of soil erosion, either by covering with grass turfs or lining with a biodegradable geotextile and seeding,\n(h)\nwhere the trees or parts of trees need to be placed on the wetted part of the bed of the river, burn, ditch or loch or their placement would otherwise be likely to disturb the wetted part of the bed of the river, burn, ditch or loch they must not be placed if there is a reasonable likelihood that there are freshwater pearl mussels in the part of the river, burn, ditch or loch that would be affected.\n26.\nThe storage of oil, which is not waste oil, in a portable container with a capacity of less than 200 litres.\nThe container must be of sufficient strength and structural integrity so as to ensure that it is unlikely to burst or leak in its ordinary use.\n27.\nThe storage of oil on premises used as a private dwelling (except where the premises is a vehicle or vessel), where the oil is—\n(a)\nThe container must be of sufficient strength and structural integrity so as to ensure that it is unlikely to burst or leak in its ordinary use,\n(a)\nstored in a container with a capacity of 2,500 litres or less, and\n(b)\nany container which is installed or altered must comply with the requirements of any applicable Regulations under the Building (Scotland) Act 2003 .\n(b)\nused solely to serve a fixed combustion appliance installation providing space heating or cooking facilities.\n28.\nThe storage of oil, other than waste oil, on premises other than—\n(a)\nThe oil must be stored in a container which is of sufficient strength and structural integrity, and has been installed so as to ensure that it is unlikely to burst or leak in its ordinary use,\n(a)\nwhere the premises is a vehicle or vessel,\n(b)\nwhere the storage is—\n(i)\nan activity specified at activities 26 or 27 of this Chapter, or\n(b)\nthe container must be situated within a secondary containment system meeting the requirements in sub-paragraphs (i) to (v)—\n(ii)\notherwise authorised under these Regulations,\n(i)\nsubject to paragraph (e), must have a capacity of not less than 110% of the container’s storage capacity or, if there is more than one container within the system, of not less than 110% of the largest container’s storage capacity, or 25% of the aggregate storage capacity, whichever is greater,\n(c)\nin a container which is wholly underground (unless situated wholly within a building underground).\n(ii)\nmust be positioned, or other steps must be taken, so as to minimise any risk of damage to it by impact so far as is reasonably practicable,\n(iii)\nmust have a base and walls that are impermeable to water and oil,\n(iv)\nits base and walls must not be penetrated by any valve, pipe or other opening which is used for draining the system,\n(v)\nif a fill pipe or draw off pipe penetrates its base or any of its walls, all points at which the pipe meets the base or wall must be adequately sealed to prevent oil escaping from the system,\n(c)\nany valve, filter, sight gauge, vent pipe or other equipment ancillary to the container (other than a fill pipe or draw off pipe or a pump) must be situated within the secondary containment system,\n(d)\nif the connection point to a fill pipe is not within the secondary containment system, a drip tray must be used to catch any oil spilled when the container is being filled with oil,\n(e)\nwhere any drum is used for the storage of the oil in conjunction with a drip tray as a secondary containment system, it is sufficient if the tray has a capacity of not less than 25% of—\n(i)\nthe drum’s storage capacity, or\n(ii)\nif there is more than one drum used at the same time with the tray, the aggregate storage capacity of the drums\n(f)\nwhere a fixed tank is used for storing oil—\n(i)\nany sight gauge must be properly supported and fitted with a valve which closes automatically when not in use,\n(ii)\nany fill pipe, draw off pipe or overflow pipe must—\n(aa)\nbe positioned or other steps taken, so as to minimise any risk of damage by impact so far as is reasonably practicable,\n(bb)\nif made of materials which are liable to corrosion, be adequately protected against corrosion, and\n(cc)\nnot be permeable to hydrocarbon vapours,\n(iii)\nif underground, any fill pipe, draw off pipe or overflow pipe must—\n(aa)\nhave no mechanical joints, except at a place where such joints are accessible for inspection by removing a hatch or cover,\n(bb)\nbe adequately protected from physical damage\n(cc)\nhave adequate facilities for detecting any leaks,\n(dd)\nif fitted with a leakage detection device which is continuously to monitor for leaks the detection device must be maintained in working order and tested at the appropriate intervals, and at least every 5 years, to ensure that it works properly,\n(ee)\nif not fitted with a leakage detection device, must be tested for leaks before it is first used and further tests for leaks must be performed in the case of pipes which have mechanical joints, at least once every 5 years, and in other cases, at least once in every 10 years,\n(iv)\nif above ground, any fill pipe, draw off pipe or overflow pipe must be properly supported,\n(v)\nthe tank must be fitted with an automatic overfill prevention device (which may include an alarm sounding device) if the filling operation is controlled from a place where it is not reasonably practicable to observe the tank or any vent pipe,\n(vi)\nwhere a screw fitting or other fixed coupling is fitted, it must be maintained in good condition and used whenever the tank is being filled with oil,\n(vii)\nwhere oil from the tank is delivered through a flexible pipe which is permanently attached to the container or delivery pump—\n(aa)\nthe pipe must be fitted with a tap or valve at the delivery end which closes automatically when not in use,\n(bb)\nthe tap or valve must not be capable of being fixed in the open position unless the pipe is fitted with an automatic shut off device,\n(cc)\nthe pipe must—\n(1)\nbe enclosed in a secure cabinet (equipped with a drip tray) which is locked shut when not in use, or,\n(2)\nhave a lockable valve where it leaves the container, which is locked shut when not in use, or\n(3)\nbe situated in premises which have appropriate security to prevent unauthorised access,\n(dd)\nwhere head (cc)(2) or (3) applies, the pipe must be kept within the secondary containment system or positioned above an area which drains to a suitable oil interceptor when not in use,\n(viii)\nany pump must be—\n(aa)\nfitted with a non-return valve or an isolating device in its feed line,\n(bb)\npositioned or other steps must be taken, so as to minimise any risk of damage to it so far as is reasonably practicable, and\n(cc)\nprotected from unauthorised use,\n(ix)\nany permanent vent pipe, tap or valve through which oil can be discharged from the tank to the open must be—\n(aa)\nsituated within the secondary containment system\n(bb)\narranged so that any oil discharged from the tank other than to its intended destination is contained within the system, and\n(cc)\nin the case of a tap or valve, fitted with a lock and locked shut when not in use, and\n(g)\nwhere a mobile bowser is used for storing oil—\n(i)\nany tap or valve permanently fixed to the bowser through which oil can be discharged to the open must be fitted with a lock and locked shut when not in use,\n(ii)\nwhere oil is delivered through a flexible pipe which is permanently attached to the mobile bowser—\n(aa)\nthe pipe must be fitted with a manually operated pump or a valve at the delivery end which automatically closes when not in use,\n(bb)\nthe pump or valve must be provided with a lock and locked shut when not in use,\n(cc)\nthe pipe must be fitted with a lockable valve at the end where it leaves the container and must be locked shut when not in use,\n(iii)\nany sight gauge must be secured to the mobile bowser and be fitted with a valve or tap which must be locked in the shut position when not in use.\n29.\nThe making and storage of silage in bales or bulk bags.\n(a)\nThe bales or bulk bags must not be stored, opened, or unwrapped within 10 metres of any—\n(i)\nriver, burn, ditch or loch, as measured from the top of the bank,\n(ii)\nwetland,\n(iii)\ntransitional water or coastal water, as measured from the shoreline, or\n(iv)\nopening into a surface water drain which silage effluent could enter if it were to escape,\n(b)\nthe bulk bags must—\n(i)\nhave an impermeable membrane,\n(ii)\nbe resealed when not in use, to prevent the escape of silage effluent,\n(iii)\nincorporate a facility to enable the removal of any excess effluent without spillage,\n(iv)\nbe situated on a firm level surface,\n(c)\nthe bales must be wrapped and sealed into impermeable membranes or enclosed in impermeable bags.\n30.\nThe treatment of silage effluent which consists mainly of rainwater by draining it from a silo through a constructed farm wetland.\n(a)\nSilage effluent which consists mainly of rainwater may be drained through a constructed farm wetland only if—\n(i)\nthe silo is open for use,\n(ii)\nthe drainage of the silage effluent from the silo to the constructed farm wetland is direct and through a separate channel or pipe from the base of the silo,\n(iii)\nno crop is added to the silo whilst it is open,\n(b)\nwhere a constructed farm wetland is to be constructed or substantially rebuilt or enlarged—\n(i)\nthe authorised person must give notice to SEPA of the works not later than 30 days prior to any work commencing, and\n(ii)\nthe notice in sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out.\n31.\nThe making and storage of silage other than in bales or bulk bags.\n(a)\nSilage must be made and stored in a silo which—\n(i)\ncomplies with paragraphs (b) to (g),\n(ii)\nif constructed, or substantially reconstructed or enlarged, on or after 1 September 1991, in addition to paragraph (a)(i), complies with paragraphs (h) to (j),\n(iii)\nif new (including a silo constructed from used materials), or substantially reconstructed or enlarged, on or after 1 January 2022, has a life expectancy of at least 20 years, with proper maintenance, from its construction, reconstruction or enlargement,\n(b)\nthe base of the silo must be constructed with channels to collect silage effluent from the silo, and with channels or pipes which must drain any such silage effluent to an effluent tank,\n(c)\nthe capacity of the effluent tank must be at least—\n(i)\nfor a silo with a capacity of less than 1500 m³, 20 litres for every 1 m³ of silo capacity, or\n(ii)\nfor a silo with a capacity of 1,500 m³ or greater, 30,000 litres, plus 6.7 litres for every 1 m³ of silo capacity over 1,500 m³,\n(d)\nwhere the effluent collection system associated with the silo incorporates a system of pumps and sumps, it must be fitted with an automatic overfill prevention device with a dedicated electrical supply and an alarm,\n(e)\nthe base of the silo, the base and walls of its effluent tank and channels, and the walls of any pipes must be impermeable,\n(f)\nthe base and any walls of the silo, its effluent tank and channels, and the walls of any pipes must, so far as reasonably practicable, be resistant to attack by silage effluent and, where the walls are made of earth, they must be lined with an impermeable membrane of 1000 gauge polyethylene or a material of at least equivalent impermeability and durability,\n(g)\nif the silo has retaining walls which are not made of earth, the stored silage level within that silo once compacted must be managed so that the retaining walls of the silo are not overloaded,\n(h)\nthe base of any silo constructed, or substantially reconstructed or enlarged, on or after 1 September 1991 must, in addition to paragraph (b)—\n(i)\ncomply with British Standard EN 1992-3:2006 and British Standard EN-1-1-2004 +A1:2014 (for concrete bases) , or British Standard EN 13108-4:2016 (for hot-rolled asphalt bases) ,\n(ii)\nwhere the silo has retaining walls made other than of earth, extend beyond those walls and be provided with channels designed and constructed so as to collect any effluent which may escape from the silo and adequate provision must be made for drainage of that effluent from the channels to an effluent tank through a channel or pipe,\n(i)\nwhere any part of an effluent tank constructed, or substantially reconstructed or enlarged, on or after 1 September 1991 is installed below ground level, it must be designed and constructed in accordance with the Buildings and structures for agriculture: Code of practice for design, construction and loading, BS 5502-22:2003+A1:2013 ,\n(j)\na silo constructed, or substantially reconstructed or enlarged, on or after 1 September 1991, which has retaining walls which are not made of earth, must have retaining walls capable of withstanding the minimum wall loadings calculated in accordance with the Buildings and structures for agriculture: Code of practice for design, construction and loading, BS 5502-22:2003+A1:2013,\n(k)\na silo constructed (including from used materials), or substantially reconstructed or enlarged, on or after 1 January 2022, which has retaining walls which are not made of earth, must have the maximum loadings of the silo visibly displayed on it,\n(l)\na silo, its effluent tank, channels and any associated pipes constructed on or after 1 January 2022 must not be situated within 10 metres of any surface water or opening into a surface water drain which silage effluent could enter if it were to escape,\n(m)\nthe silo, its effluent tank, channel and pipes must be operationally maintained to be free of any structural defects during its lifecycle,\n(n)\nthe silo must not be filled beyond the drainage channel,\n(o)\nwhere a silo or effluent tank is to be constructed or to be substantially rebuilt or enlarged—\n(i)\nthe operator must give notice to SEPA of the works no later than 30 days prior to commencing the works,\n(ii)\nthe notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out,\n(iii)\nthe operator must retain the engineer’s final sign-off certificate for the works for the lifetime of the silo or effluent tank, for inspection by SEPA on request.\n32.\nThe storage of slurry.\n(a)\nWhere slurry is produced on the farm by housed livestock from dungsteads or from dirty yards, the slurry must be stored in a slurry storage system, liquid digestate storage system, or slurry bags which have sufficient capacity to store the total quantity of slurry likely to be produced in—\n(i)\n26 weeks by housed pigs, or\n(ii)\n22 weeks by housed cattle,\ntaking account of any additional inputs to or exports from the storage as described in paragraph (c),\n(b)\nthe total quantity of slurry referred to in paragraph (a) is to be calculated by adding up the figures produced for each type of livestock, as applicable, in accordance with the formula for housed pigs or housed cattle, contained in regulation 7(2) of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 ,\n(c)\nin calculating the minimum storage capacity necessary to comply with paragraph (a), the following figures must be included in respect of the relevant 26- or 22-week period—\n(i)\nthe quantity of any rainfall (including any fall of snow, hail or sleet) that is likely to enter the system (directly or indirectly) including from dungsteads, silage pits or dirty yards,\n(ii)\nthe quantity of any cleaning water that is likely to enter the system or slurry bag,\n(iii)\nthe likely quantity of any imported slurries and liquid digestate added to the system or slurry bag,\n(iv)\nthe quantity of any slurry exported off farm,\n(d)\nwhere slurry is imported onto the farm, there must be sufficient storage capacity on the farm to store the quantities imported during periods when application is not authorised under activity 18 of this Chapter or would not comply with the requirements of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008,\n(e)\nthe capacity of any facility used for the temporary storage of slurry before it is transferred to a slurry storage tank must be the equivalent of at least 1.5% of the minimum on farm storage capacity in accordance with paragraph (a),\n(f)\nthe slurry storage system must—\n(i)\ncomply with paragraphs (g) to (l),\n(ii)\nwhere constructed, or substantially reconstructed or enlarged, on or after 1 September 1991, comply, in addition to paragraph (f)(i), with paragraphs (m) and (n),\n(iii)\nif new (including systems constructed from used materials), substantially reconstructed or enlarged, on or after 1 January 2022, have a life expectancy of at least 20 years with proper maintenance, from its construction, reconstruction or enlargement,\n(g)\nthe base and walls of any slurry storage tank, any channels and reception pit, and the walls of any pipes, must be impermeable (except where the conditions in paragraph (j) are complied with) and free from any cracks or structural defects,\n(h)\nwhere slurry flows into a channel before discharging into a reception pit, and the flow is controlled by means of a sluice or valve, the capacity of the reception pit must be sufficient to store the maximum quantity of slurry which can be released by opening the sluice or valve,\n(i)\nthe slurry storage tank, channels, pipes, valves, and reception pit must be operationally maintained to be free of any structural defects during their lifecycle,\n(j)\nwhere the walls of the slurry storage tank are not impermeable—\n(i)\nthe base of the tank must extend beyond its walls and be provided with channels designed and constructed so as to collect any slurry which may escape from the tank,\n(ii)\nthe tank must have adequate provision to collect, drain and store slurry from the channels to a slurry storage system,\n(k)\nwhere the slurry storage tank or reception pit is fitted with a drainage pipe—\n(i)\nthere must be two valves in series on the pipe and each valve must be capable of stopping the flow of slurry through the pipe and must be kept shut and locked in that position when not in use,\n(ii)\nsub-paragraph (i) does not apply in relation to a slurry storage tank which drains through the pipe into another slurry storage tank of equal or greater capacity or where the tops of the tanks are at the same level,\n(l)\nwhere a slurry storage system has walls which are made of earth, the system must not be filled to a level which allows less than 750 millimetres of freeboard, and in all other cases the slurry storage tank must not be filled to a level which allows less than 300 millimetres of freeboard,\n(m)\nthe base and walls of any slurry storage tank, channels and reception pit, valves, and the walls of any pipes, constructed, or substantially reconstructed or enlarged, on or after 1 September 1991 must be protected against corrosion in accordance with paragraph 7.2 of the Code of Practice on Buildings and Structures for Agriculture, BS 5502-50:1993+A2:2010 ,\n(n)\nthe base and walls of any slurry storage tank and any reception pit constructed, or substantially reconstructed or enlarged, on or after 1 September 1991, must be capable of withstanding characteristic loads calculated on the assumptions and in the manner as set out in paragraph 5 of the Code of Practice on Buildings and Structures for Agriculture, BS 5502-50:1993+A2:2010,\n(o)\nany slurry storage system, constructed, or substantially reconstructed or enlarged, on or after 1 January 2022, which has walls made of earth, must be lined with an impermeable sheet material which, with proper maintenance, slurry cannot permeate for a period of at least 20 years,\n(p)\na slurry storage system constructed on or after 1 January 2022 must not be situated within 10 metres of any surface water or opening into a surface water drain which slurry could enter into if it were to escape,\n(q)\na slurry bag may only be used to store slurry if—\n(i)\nthe bag is constructed of impermeable material of sufficient strength and structural integrity such that it is unlikely to burst or leak in its ordinary use, and\n(ii)\nit is situated in a bund which complies with the following requirements—\n(aa)\nthe bund must be of at least equivalent capacity to the slurry bag,\n(bb)\nthe bund must be lined with an impermeable sheet material which, with proper maintenance, slurry cannot permeate for a period of at least 20 years,\n(cc)\nthe bund must have a means of removing rainwater, and\n(dd)\nother than as necessary to allow rainwater to be removed, the base and walls of the bund must not be penetrated by any valve, pipe or other opening,\n(r)\nwhere a slurry storage system (including a reception pit or channels) is to be constructed or to be substantially rebuilt or enlarged—\n(i)\nthe operator must give notice to SEPA of the works no later than 30 days prior to commencing the works,\n(ii)\nthe notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out,\n(iii)\nthe operator must retain the engineer’s final sign-off certificate for the works for the lifetime of the slurry storage system, for inspection by SEPA on request,\n(s)\nslurry may be stored in a liquid digestate storage system which complies with the rules for activity 34 of this Chapter in relation to the storage of liquid digestate.\n33.\nThe treatment of slurry which consists mainly of rainwater and washings by draining through a constructed farm wetland.\n(a)\nSlurry may be drained through a constructed farm wetland only if it consists mainly of rainwater and washings which derive from—\n(i)\na midden which mainly contains farmyard manure and is situated where its contents can be affected directly by precipitation,\n(ii)\nany uncovered yard, used by livestock to move from one area to another but not including areas covered by paragraph (b),\n(iii)\na yard which is used for the gathering or holding of livestock no more than once a week and which can be directly affected by precipitation,\n(b)\nslurry must not be drained through a constructed farm wetland from areas—\n(i)\nwhere livestock are gathered or held more than once a week, or\n(ii)\nused for livestock movement or holding prior to, during or after being—\n(aa)\nmilked,\n(bb)\nhoused, or\n(cc)\nfed,\n(c)\nslurry which contains pesticide must not be drained through a constructed farm wetland,\n(d)\nall reasonable steps must be taken to ensure that the drainage of slurry through a constructed farm wetland does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment,\n(e)\nwhere a constructed farm wetland is to be constructed or to be substantially rebuilt or enlarged—\n(i)\nthe operator must give notice to SEPA of the works no later than 30 days prior to commencing the works,\n(ii)\nthe notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out.\n34.\nStorage of liquid digestate unless the storage is authorised by a permit or registration under these Regulations.\n(a)\nWhere liquid digestate is produced on the farm, it must be stored in a liquid digestate storage system, slurry storage system or slurry bag which has sufficient capacity to accommodate the volume of liquid digestate produced during periods when application is not authorised under activity 18 of this Chapter or would not comply with the requirements of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 ,\n(b)\nwhere liquid digestate is imported onto a farm, it must be stored in a liquid digestate storage system, slurry storage system or slurry bag which has sufficient capacity to store the quantities imported during periods when application is not authorised under activity 18 of this Chapter or would not comply with the requirements of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008,\n(c)\nin calculating the required storage capacity, the following figures must be included—\n(i)\nthe quantity of any rainfall (including any fall of snow, hail or sleet that is likely to enter the system or slurry bag (directly or indirectly) including from dungsteads, silage pits or dirty yards,\n(ii)\nthe quantity of any cleaning water that is likely to enter the system or slurry bag,\n(iii)\nthe quantity of any slurry from housed livestock,\n(iv)\nthe likely quantity of any imported slurries and liquid digestate added to the system or slurry bag,\n(v)\nthe quantity of any liquid digestate exported off farm,\n(d)\na liquid digestate storage system must—\n(i)\ncomply with paragraphs (e) to (k),\n(ii)\nif new (including systems constructed from used materials), or substantially reconstructed or enlarged, on or after 1 January 2022, have a life expectancy of at least 20 years, with proper maintenance, from its construction, reconstruction or enlargement,\n(e)\nthe base and walls of the liquid digestate storage tank and the walls of any feedstock tank, channels and pipes must be impermeable,\n(f)\nthe base and walls of the liquid digestate storage tank and feedstock tank, valves and the walls of any pipes must be protected against corrosion in accordance with paragraph 7.2 of the Code of Practice on Buildings and Structures for Agriculture published by the British Standards Institution and numbered BS 5502-50:1993+A2:2010 ,\n(g)\nthe base and walls of the liquid digestate storage tank and any feedstock tank must be capable of withstanding characteristic loads calculated on the assumptions and in the manner as set out in paragraph 5 of the Code of Practice on Buildings and Structures for Agriculture published by the British Standards Institution and numbered BS 5502-50:1993+A2:2010,\n(h)\nthe liquid digestate storage system must not be situated within 10 metres of any surface water or opening into a surface water drain which liquid digestate could enter if it were to escape,\n(i)\nthe liquid digestate tank, pipes, valves and feedstock tank must be operationally maintained to be free of any structural defects during their lifecycle,\n(j)\nwhere the liquid digestate storage tank is fitted with a drainage pipe—\n(i)\nthere must be two valves in series on the pipe and each valve must be capable of stopping the flow of liquid digestate through the pipe and must be kept shut and locked in that position when not in use,\n(ii)\nsub-paragraph (i) does not apply in relation to a liquid digestate storage tank which drains through the pipe into another liquid digestate storage tank of equal or greater capacity or where the tops of the tanks are at the same level,\n(k)\nwhere a liquid digestate storage system includes a lagoon with walls which are made of earth, the lagoon must not be filled to a level which allows less than 750 millimetres of freeboard, and in all other cases the liquid digestate storage tank must not be filled to a level which allows less than 300 millimetres of freeboard,\n(l)\nwhere a liquid digestate storage system constructed, or substantially reconstructed or enlarged, on or after 1 January 2022 includes a lagoon with walls which are made of earth, the lagoon must be lined with an impermeable sheet material which, with proper maintenance, liquid digestate cannot permeate for a period of at least 20 years,\n(m)\na slurry bag may only be used to store liquid digestate if—\n(i)\nthe bag is constructed of impermeable material, is of sufficient strength and structural integrity, and is unlikely to burst or leak in its ordinary use, and\n(ii)\nit is situated in a bund which complies with the following requirements—\n(aa)\nthe bund must be of at least equivalent capacity to the slurry bag,\n(bb)\nthe bund must be lined with an impermeable sheet material which, with proper maintenance, liquid digestate cannot permeate for a period of at least 20 years,\n(cc)\nthe bund must have a means of removing rainwater from it,\n(dd)\nother than as necessary to allow rainwater to be removed, the base and walls of the bund must not be penetrated by any valve, pipe or other opening,\n(n)\nwhere a liquid digestate storage system is to be constructed or to be substantially rebuilt or enlarged—\n(i)\nthe operator must give notice to SEPA of the works no later than 30 days prior to commencing the works,\n(ii)\nthe notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out, and\n(iii)\nthe operator must retain for the lifetime of the liquid digestate storage system, for inspection by SEPA on request, the engineer’s final sign-off certificate for the works,\n(o)\nliquid digestate may be stored in a slurry storage system which complies with the rules for activity 32 of this Chapter in relation to the storage of slurry,\n(p)\nwaste liquid digestate must only be stored at the place where it will be used.\n35.\nThe discharge of hot tub effluent, from a site with only one hot tub, to groundwater.\n(a)\nThe effluent must be de-brominated or de-chlorinated and cooled to 20 degrees centigrade or less prior to discharge,\n(b)\nthe discharge must not be within 10 metres of any surface water and the effluent must not enter a surface water drain,\n(c)\nwhere the discharge to groundwater is made via a soakaway, the water table must be at least 1 metre below the base of the soakaway,\n(d)\nthe discharge must be made more than 50 metres from a wetland directly dependent on groundwater,\n(e)\nthe discharge must not be within 50 metres of any wells, springs or boreholes that supply water for human consumption.\nCHAPTER 3\nWaste\n1.\nThe temporary storage of waste, other than waste liquid digestate, at the place of production\n(a)\nThe waste must be stored in a secure place such that—\n(i)\nall reasonable precautions must be taken to ensure that the waste cannot escape from the place of production, and,\n(ii)\nthe waste must be stored such that members of the public are unable to gain access to the waste,\n(b)\nliquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,\n(c)\nthe waste must not be stored at the place where it was produced for longer than 12 months,\n(d)\nany treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,\n(e)\nwhere more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.\n2.\nTemporary storage of waste at a place owned or occupied by the producer\n(a)\nthe storage and any treatment of waste must not be carried on in the course of providing a waste management service to another person,\n(b)\nthe waste must be stored in a secure place such that—\n(i)\nall reasonable precautions must be taken to ensure that the waste cannot escape from the place where it is stored, and\n(ii)\nmembers of the public are unable to gain access to the waste,\n(c)\nwhere more than one type of waste is stored, the different types of waste must not be mixed,\n(d)\nthe waste must not be stored at that place for more than 12 months,\n(e)\nthe total amount of solid waste stored at any one time must not exceed 50 cubic metres,\n(f)\nthe total amount of liquid waste stored at any one time must not exceed 5,000 litres,\n(g)\nliquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,\n(h)\nany treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,\n(i)\nwhere more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.\n3.\nTemporary storage of waste at a collection point\n(a)\nThe waste must be stored in a secure place such that—\n(i)\nall reasonable precautions are taken to ensure that the waste cannot escape from the collection point, and\n(ii)\nmembers of the public are unable to gain access to the waste,\n(b)\nwhere more than one type of waste is stored, the different types of waste are not mixed,\n(c)\nthe waste must not be stored at the collection point for more 12 months,\n(d)\nthe total amount of solid waste stored at any one time must not exceed 50 cubic metres,\n(e)\nexcept for WEEE, the total amount of hazardous waste stored at any one time must not exceed 5 cubic metres,\n(f)\nthe total amount of liquid waste stored at any one time must not exceed 5,000 litres,\n(g)\nliquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,\n(h)\nany treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,\n(i)\nwhere more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.\n4.\nUse of agricultural land following the application of sewage sludge to agricultural land for the purposes of soil improvement.\nThe activities specified in column 1 of Table 3 must not be carried out on that land before the expiry of the period specified in column 2.\nCHAPTER 4\nOther emissions activities\n1.\n(a)\nusing crushing and screening equipment, above ground, to—\n(a)\nEmissions—\n(i)\ncrush, grind or carry on other size reduction including breaking up (except for the cutting of stone) of, any designated mineral or mineral product, or the grading, screening or heating of any of those reduced materials,\n(i)\ndust emissions must be minimised by—\n(aa)\ncontainment, or\n(bb)\nsuppression using water, or both,\n(ii)\ndust emissions must not have a significant impact upon the environment, people or property,\n(ii)\ncrush, grind or carry on other size reduction and/or screening (with machinery designed for that purpose) of waste bricks, tiles or concrete at the place where the waste is produced or at the place where the recovered aggregate will be used,\n(iii)\nwhere the activity takes place inside a building, any such building must be as dust tight as possible and arrestment equipment must be used where necessary to ensure there are no emissions of dust, resulting in a significant impact upon the environment, people or property,\n(b)\nDust arrestment—\n(b)\nthe temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.\n(i)\narrestment equipment for dust emissions must be—\n(aa)\ndesigned to emit less than 50 mg/m 3 of dust, and\n(bb)\nfitted with a continuously indicative monitor which provides visual and audible notification when 75% of that emission limit is reached,\n(ii)\narrestment equipment for dust emissions must be regularly inspected and maintained to ensure it is fully operational,\n(c)\nSite design and infrastructure—\n(i)\nwhere the materials to be loaded or unloaded have the potential to generate dust, the loading and unloading of those materials must be shielded from wind,\n(ii)\nconveyors, and discharge points to and from conveyors, must be enclosed,\n(iii)\ncrushing, grinding, screening and separation processes and associated plant must be enclosed, or water sprays must be in use when these processes are being carried out,\n(iv)\ndrop heights must be minimised by using—\n(aa)\nvariable height conveyors,\n(bb)\nchutes,\n(v)\nthe discharge point from conveyor to stockpile must have water spray bars in use,\n(vi)\nthe number of movements of materials must be minimised,\n(vii)\nthere must be an adequate supply of water available for use as dust suppression,\n(viii)\nall reasonable steps must be taken to ensure that the use of water for dust suppression does not result in the introduction of any substances or heat to the water environment which may cause harm to the water environment.\n(d)\nStockpiles—\n(i)\nwater suppression of stockpiles must take place regularly,\n(e)\n(ii)\nstockpiles must be—\n(aa)\nfully covered,\n(bb)\nshielded using wind-breaks, bunding or fencing, or\n(cc)\nprofiled so as to reduce wind-whipping.\n”.\n(i) In Part 2 (interpretation of general binding rules), paragraph 1—\n(i) before the definition for “barium eluting source”, insert—\n““agriculture” has the meaning given in paragraph 4 of schedule 18 of these Regulations,\n“application” means the spreading, spraying, incorporating or injecting into or onto land,\n“arrestment equipment” means equipment used to mitigate the effects of emissions,\n“bank reprofiling” means the alteration of the slope of the bank of a river, burn, ditch or loch,”,\n(ii) after the definition for “barium eluting source”, insert—\n““bed width” means the straight line distance that is between the opposite bank toes of a river, burn or ditch, and which spans the bed of the river, burn or ditch, including any exposed bars and vegetated islands,\n“buffer zone” means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the water environment,”,\n(iii) after the definition for “category 5 sealed source”, insert—\n““channel width” means the straight line distance that is between opposite bank tops of a river, burn or ditch and which spans the bed of a river, burn or ditch, including any exposed bars and vegetated islands,”,\n(iv) after the definition for “Class C gaseous tritium light device”, insert—\n““collection point” means a place used for the collection of waste by a person where that person does not—\n(a) receive payment for collecting the waste, or\n(b) collect waste as their main business activity,\n“constructed farm wetland” means a series of ponds for the treatment of slurry or silage effluent consisting mainly of rainwater, which have been constructed in such a manner that any discharge from the ponds does not result in the introduction of any substances or heat which may give rise to harm to the water environment,\n“container” means a single or double skinned fixed tank, a drum, a mobile bowser or (even if not connected to fixed pipe or fixed pipework) an intermediate bulk container,\n“conventionally treated sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,\n“crop” includes any plant grown for a commercial purpose,\n“crossing” means any structure which is constructed and installed for the purpose of supporting a footpath, cycle route or transport route across any river, burn, ditch or loch or any pipe, pipeline or cable which crosses over or underneath any river, burn, ditch or loch, but excluding temporary crossings, impounding works and culverts installed for land gain,\n“cultivation” includes the preparation of land prior to planting, and the harvesting of any crop,\n“designated mineral or mineral product” means—\n(a) clay, sand and any other naturally occurring mineral other than coal or lignite,\n(b) metallurgical slag,\n(c) gypsum which is a by-product of any activity,\n“dewatered” in relation to digestate means digestate which—\n(a) has had liquid removed from it so that it consists of at least 20% dry material, and\n(b) is capable of being stacked in a free-standing heap without slumping and without liquid draining from the heap,”,\n(v) for the definition of “disposed of in normal refuse”, substitute—\n“means disposed of with substantial quantities of solid waste that is not radioactive waste for landfill or incineration, where—\n(a) the solid waste meets the definition of “waste” in section 75(2) of the Environmental Protection Act 1990, read with section 75A of that Act, and\n(b) the radioactive waste will be mixed with such solid waste for the purposes of such burial, incineration or recovery,”,\n(vi) after the definition of “disposed of in normal refuse”, insert—\n““ditch” means an open channel which collects and conveys drainage water from surface or subsurface drainage to the wider surface water environment,\n“draff” means the residue of grain after fermentation of the grain in a brewing or distilling process,\n“draw off pipe” means a pipe used to withdraw oil from a container,\n“drum” means an oil drum or similar container used for storing oil,”,\n(vii) after the definition for “electrodeposited source”, insert—\n““enhanced treated sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,\n“farm” means land occupied as a unit for agricultural purposes,\n“farmyard manure” means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food),\n“fertiliser” means any substance containing nutrients which is utilised on land to enhance plant growth, but excludes forestry brash,\n“fill pipe” means a pipe used to deliver oil into a container,\n“fixed tank” includes an intermediate bulk container which is connected to fixed pipework,\n“forage crop” means any crop grown as food for livestock or for use in energy production,\n“forest” means land of an area of more than 0.5 hectares—\n(a) with a tree canopy cover of more than 20 percent,\n(b) which is planted with trees, which trees collectively have the capacity to provide a tree canopy cover of more than 20 percent, or\n(c) which meets all of the following criteria—\n(i) it was used in the last 5 years as land described in paragraph (a),\n(ii) it is to remain fallow of trees for a maximum of 4 consecutive years, and\n(iii) when replanted with trees it will be replanted as land described in paragraph (b),\n“forestry operations” means operations carried out on land with a tree canopy cover of more than 10% over an area of more than 0.5 hectares,\n“fruit” includes top fruit including apples and pears, stone fruit including plums and cherries, soft fruit including currants and berries, vines, hops and nuts,”,\n(viii) after the definition for “gaseous tritium light device”, insert—\n““horticulture” includes mushrooms, nursery stock and bulbs for export, seed potatoes including those for export, basic seed production and crops grown in soil based glasshouse or polythene tunnel production including tomatoes, cucumbers, and peppers,\n“housed” means kept permanently or overwintered, indoors or outside, on a collection-based slurry system,\n“impermeable sheet material” means—\n(a) synthetic rubbers, EPDM (ethylene propylene diene monomer rubber) and butyl,\n(b) plastics, including polyvinyl chloride, low density polyethylene and high-density polyethylene, and\n(c) reinforced geomembrane,\n“invasive species of plant outwith its native range” has the same meaning as in section 14P of the Wildlife and Countryside Act 1981,\n“instream structure” means any structure that occupies a portion of the bed of the river, burn, ditch including bed reinforcement, jetties, platforms, marinas, croys, groynes and other flow deflectors, but excluding temporary structures, bridge piers and impounding works,\n“liquid digestate” means—\n(a) whole digestate,\n(b) the liquid fraction, or\n(c) any run-off from the storage of fibrous residue, resulting from an anaerobic digestion process of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process,\n“liquid digestate storage system” means—\n(a) a liquid digestate tank,\n(b) any feedstock tank used in connection with the liquid digestate tank, and\n(c) any channels and pipes used in connection with the liquid digestate tank or feedstock tank,\n“liquid digestate tank” includes a lagoon or tower used for the storage of liquid digestate,\n“livestock” means any animal kept for use or profit as part of a commercial enterprise,”,\n(ix) after the definition for “medical or veterinary radioactive substance”, insert—\n““moling” means a cultivation method if an implement is used to open a conduit within the soil along which water may flow,\n“oil” means any kind of oil and includes fuel oil, waste oil and hydraulic oil,\n“pesticide” has the meaning given in section 16 of the Food and Environment Protection Act 1985,\n“place of production” means, in relation to any waste, the place where the waste was originally produced,\n“plant protection products” means products, in the form in which they are supplied to the user, consisting of, or containing, active substances, safeners or synergists, and intended for one of the following uses—\n(a) protecting plants or plant products against all harmful organisms or preventing the action of such organisms, unless the main purpose of these products is considered to be for reasons of hygiene rather than for the protection of plants or plant products,\n(b) influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient,\n(c) preserving plant products,\n(d) destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants,\n(e) checking or preventing undesired growth of plants, except algae unless the products are applied on soil or water to protect plants,\n“precision equipment” means equipment capable of low emission, accurate application techniques including a dribble bar or band spreader, trailing hose, trailing shoe or direct injection,\n“private dwelling” means any part of a building used or intended to be used as a dwelling,\n“reception pit” means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank,”,\n(x) after the definition for “relevant sewer”, insert—\n““revetment” means a modification to a bank of a river, burn, ditch or loch that increases the resistance of the bank to lateral erosion,\n“rip rap” means irregular shaped stones placed along a bank of a river, burn, ditch or loch for the purpose of increasing the resistance of the bank to erosion,\n“rural land use activities” means agricultural, forestry or leisure activity,\n“salad crops” includes lettuce, radish, onions, beans including runner, broad, and dwarf French, vining peas, mangetout, cabbage, cauliflower, calabrese or broccoli, courgettes, celery, red beet, carrots, herbs, asparagus, garlic, shallot, spinach, chicory and celeriac,”,\n(xi) after the definition for “sea”, insert—\n““secondary containment system” means a drip tray, an area surrounded by a bund or catchpit, or any other system for preventing liquid which is no longer in its container from escaping from the place where it is stored or treated,\n“sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,\n“silage” means any forage crop (including draff) which is being, or has been, conserved by fermentation or preservation (including the use of additives), or both,\n“silage effluent” means—\n(a) effluent produced from any forage crop which is being made or has been made, into silage,\n(b) a mixture consisting wholly of or containing such effluent, rainwater or groundwater emanating from a silo, silage effluent collection system or drain,\n“silo” means any structure used for making or storing silage,\n“slurry” includes—\n(a) excreta, including any liquid fraction, produced by livestock whilst in a yard or building (including woodchip corrals), and\n(b) a mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or middens, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present,\n“slurry storage system” means—\n(a) a slurry storage tank,\n(b) any reception pit and any effluent tank used in connection with the slurry storage tank, and\n(c) any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank,\n“slurry storage tank” includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry,”,\n(xii) omit the definitions for “sealed source” and “sewer”, “public sewer”, “private sewer”, “sewage treatment works” and “sewage”,\n(xiii) after the definition for “smoke detector”, insert—\n““soil improvement” has the meaning given in paragraph 2 of schedule 18 of these Regulations,\n“SUD system” has the meaning given in section 59 of the Sewerage (Scotland) Act 1968,\n“surface water drainage system” means a system, such as system that is used to collect and drain water run-off from one or more premises and transport it to, and discharge it into, the water environment, and may include, among other things, any surface water sewers and associated inlets, outfalls, gullies, manholes, oil interceptors, silt traps, and attenuation, settlement and treatment facilities,”,\n(xiv) for the definition of “Table 1” and “Table 2”, substitute—\n““Table 1”, “Table 2” and “Table 3” mean the tables with that number in Part 3,\n“temporary crossing” means any crossing which will be removed within a period of 12 months beginning with the date on which its installation commences,\n“temporary structure” means any structure, excluding impounding works, which will be removed within a period of 12 months beginning with the date on which its installation commences,”,\n(xv) after the definition for “thorium alloy”, insert—\n““trade effluent” has the meaning given in section 59 of the Sewerage (Scotland) Act 1968,\n“treated sewage sludge” has the meaning given in regulation 4 of schedule 18 of these Regulations,\n“trees or parts of trees” includes any root wads, brash, stakes made of live willow and willow spiling but does not include timber products or wood prepared for use in building or carpentry,”,\n(xvi) after the definition for “tritium source”, insert—\n““trunk road” has the meaning given in section 151 of the Roads (Scotland) Act 1984,\n“uncultivated land” means land which has not been ploughed, rotovated or improved by management practices, but excludes land mounded for the purpose of planting riparian woodland),”,\n(xvii) after the definition for “uranium or thorium compound”, insert—\n““vegetable crops” includes potatoes, leeks, sweetcorn, brussels sprouts, parsnips, swedes or turnips, marrows, pumpkins, squashes, rhubarb and artichokes,\n“water for human consumption” means water that may be ingested by humans, used in the preparation of food or drink, or used in the cleaning of materials involved in the storage or consumption of food or drink,\n“water-bound road” means a road or track constructed of coarse stone and fine aggregate to form a tightly bound semi-impervious surface,\n“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices and passages through which water flows and includes artificial watercourses and underground watercourses,\n“waterlogged” means soil which is at water retaining capacity, except in a forest where it means where water is visible on the soil surface,\n“water run-off” means any water from rainfall or any meltwater from ice or snow flowing over or horizontally through the surface of the ground and any matter picked up by that water as it does so,\n“well” includes a permeable underground collection tank,\n“willow spiling” means live willow rods woven between live willow uprights driven into the bank or bed of a watercourse.”,\n(j) in Part 2, in paragraph 2(1)(c) for “Table 2” substitute “Table 1”,\n(k) in Part 2, in paragraph 3—\n(i) in sub-paragraph (d) for “normal refuse” substitute “waste”,\n(ii) in sub-paragraph (g), before “waste” insert “radioactive”,\n(l) in Part 3—\n(i) in Table 2 for “1 x 100” each time it appears, substitute “1”,\n(ii) after Table 2 (including the notes to the Table and the table listing parent radionuclides and their progeny), insert—\n“\nTable 3\nUse of Agricultural Land following the application of sewage sludge\n1. Activity\n2. Period\nGrazing animals\n(1) Where conventionally treated sewage sludge has been deep injected or ploughed down into land where grass or a forage crop is grown for grazing.\nThree weeks commencing on the date of application to land.\n(2) Where conventionally treated sewage sludge has been applied to land, but not deep injected or ploughed down and where forage crops have been grown for harvesting, and those forage crops have been harvested.\nNo grazing in the growing season of application.\n(3) Where enhanced treated sewage sludge has been applied to land where grass or a forage crop is grown for grazing, or applied to land where forage crops have been grown for harvesting, and those forage crops have been harvested.\nThree weeks commencing on the date of application to land.\n(4) Where any other types of sewage sludge or any other methods of application to land are used.\nApplication not permitted.\nHarvesting forage crops\n(1) Where conventionally treated sewage sludge or enhanced treated sewage sludge, or both, has been applied to land where forage crops are grown for harvesting.\nThree weeks commencing on the date of application to land.\n(2) Where any other types of sewage sludge are used.\nApplication not permitted.\nHarvesting vegetable crops\n(1) Where conventionally treated sewage sludge has been applied to land where vegetable crops are grown for harvesting.\nTwelve months commencing on the date of application to land.\n(2) Where enhanced treated sewage sludge has been applied to land where vegetable crops are grown for harvesting.\nTen months commencing on the date of application to land.\n(3) Where any other types of sewage sludge are used.\nApplication not permitted.\nHarvesting salad crops\n(1) Where conventionally treated sewage sludge has been applied to land where salad crops are grown for harvesting.\nThirty months commencing on the date of application to land.\n(2) Where enhanced treated sewage sludge has been applied to land where salad crops are grown for harvesting.\nTen months commencing on the date of application to land.\n(3) Where any other types of sewage sludge are used.\nApplication not permitted.\nHarvesting fruit or horticultural crops\n(1)Where enhanced treated sewage sludge has been applied to land where fruit or horticultural crops are grown for harvesting\nTen months commencing on the date of application to land.\n(2) Where any other types of sewage sludge are used.\nApplication not permitted.\n”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "EUR 2009/1107, amended by S.I. 2019/556, S.I. 2019/1410 and S.I. 2020/1376."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2003 asp 8."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Published by the British Standards Institution on 31 July 2006 (ISBN 0-580-48267-7)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Published by the British Standards Institution on 23 December 2004 (ISBN 978-0-580-83726-5)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Published by the British Standards Institution on 28 February 2018 (ISBN 978-0-580-52033-4)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Published by the British Standards Institution on 10 June 2003, last updated in 2013 (ISBN 978-0-580-78768-3)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "S.S.I. 2008/298, amended by S.S.I. 2008/394, S.S.I. 2009/447, S.S.I. 2011/228, S.S.I. 2012/360, S.S.I. 2013/123, S.S.I. 2014/373, S.S.I. 2015/376 and S.S.I. 2021/412."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Published by the British Standards Institution on 15 April 1993, last updated in 2010 (ISBN 978-0-580-71245-6)."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "S.S.I. 2008/298, amended by S.S.I. 2008/394, S.S.I. 2009/447, S.S.I. 2011/228, S.S.I. 2012/360, S.S.I. 2013/123, S.S.I. 2014/373, S.S.I. 2015/376 and S.S.I. 2021/412."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Published by the British Standards Institution on 15 April 1993 and last updated in 2010 (ISBN 978-0-580-71245-6)."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "1990 c. 43. Section 75(2) was relevantly amended by S.S.I. 2011/226, S.S.I. 2018/219 and S.I. 2019/620. Section 75A was inserted by S.I. 2019/620 and amended by S.I. 2023/1424."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "1981 c. 69. Section 14P was added by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), section 16."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "1985 c. 48."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "1968 c. 47. Section 59 was amended by the Water Environment and Water Services (Scotland) Act 2003 (asp 3), section 33(1)."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "1984 c. 54. Section 151 was amended by the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), schedule 2, paragraph 38(15)(b), the Forth Crossing Act 2011 (asp 2), section 12(7) and the Forth Road Bridge Act 2013 (asp 8), section 1(4)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111062319/regulation/40",
    "retrieved_at": "2026-10-30T15:28:44.917910+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}