Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities

Activity description

The construction, modification, removal or operation of any impoundment in inland surface waters, or wetlands, for peatland restoration or wetland creation.

Standard conditions

1. The construction, modification or removal of the impoundment and any associated construction works:
   
   (a) must not be undertaken in the wetted part of a watercourse or loch unless it is impracticable to complete the works otherwise;
   
   (b) must not be undertaken in the wetted part of any watercourse or loch when fish are likely to be spawning in the watercourse or loch, nor during the period between such spawning and the subsequent emergence of juvenile fish;
   
   (c) must not have a significant impact on the water environment as a result of:
   
      (i) iridescence or sheen;
      (ii) discolouration;
      (iii) deposition of solids; or
      (iv) increased foaming.
   
   (e) must not cause harm to freshwater pearl mussels;
   
   (f) must not cause harm to fish;
   
   (g) must not cause the spread of invasive non-native species within the water environment;
   
   (h) must not prevent the passage of migratory fish;
   
   (i) must not have a significant impact on any supply of water for human consumption; or
   
   (j) must not result in the introduction of any substance or heat to the water environment which may result in harm to the water environment.
    
2. The operation of the impoundment:
   
   (a) must not cause significant erosion of the bed or banks;
   
   (b) must not cause harm to fish; or
   
   (c) must not prevent the passage of migratory fish.
    
3. Once the construction, modification or removal of the impoundment and any associated construction works have commenced, they must be completed as soon as reasonably practicable.
    
4. Any associated construction works on the bed and banks, must be removed as soon as reasonably practicable after the completion of the construction, modification or removal of the impoundment.
    
5. Where the channel, bed or banks immediately adjacent to the construction, modification or removal of the impoundment, have been adversely impacted by any of these activities, they must be reinstated at least to their condition immediately prior to the works, as soon as reasonably practicable.
    
6. Where the channel, bed or banks have been adversely impacted by any associated construction works, they must be reinstated at least to their condition immediately prior to these works, as soon as reasonably practicable.