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

Closes 24 Nov 2024

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2.1.4. Application of pesticides that are Plant Protection Products (PPPs): Activity B2

Activity description

Application of pesticides that are Plant Protection Products (PPPs) and adjuvants, to plants where the application is within 1 metre of:

(a) any watercourse or loch (as measured from the top of the bank),

(b) any wetland; or

(c) transitional or coastal water (as measured from the shoreline),

and where the plants being treated are not invasive non-native plant species.

Standard conditions

  1. Pesticides and adjuvants must:

    (a) not enter the water environment;

    (b) be approved for aquatic use under the Plant Protection Products Regulation (EC) No 1107/2009;

    (c) be applied in accordance with the terms and instructions of the approval under Plant Protection Products Regulation (EC) No 1107/2009,

    (d) not be applied during rainfall; and

    (e) not be applied when it is windy such that the pesticide or adjuvant may enter the water environment.
     
  2. Pesticide sprayers and other sprayer devices used to apply pesticides and adjuvants must be:

    (a) maintained so that they operate in good working order;

    (b) fitted with a device to prevent back siphoning, if used to abstract water directly from any watercourse or loch; and

    (c) calibrated to accurately deliver the required application rate.
     
  3. The following operations must not be undertaken within 10 metres of, any watercourse or loch (as measured from the top of the bank); wetland; transitional water or coastal water (as measured from the shoreline); or opening into a surface water drainage system:

    (a) the preparation of pesticide for application;

    (b) the filling of pesticide application equipment;

    (c) the cleaning or maintenance of pesticide sprayers or other devices used to apply pesticides; or

    (d) the cleaning of any personal protection equipment.

Interpretation of terms

Interpretation of terms
Term Definition
Adjuvant An adjuvant is a substance other than water that does not have significant pesticidal properties, but which enhances or is intended to enhance the effectiveness of a pesticide product.
Coastal water Has the meaning given in section 3(8) of the Water Environment and Water Services (Scotland) Act 2003.
Invasive non-native plant species Has the same meaning as that in the Wildlife and Countryside Act 1981 for “invasive species of plant outwith its native range”.
Loch A body of standing inland water.
Pesticide Has the same meaning as in section 16 of the Food and Environment Protection Act 1985.
Plant protection products

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:

  1. 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;
     
  2. influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient;
     
  3. preserving plant products;
     
  4. destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants; or
     
  5. checking or preventing undesired growth of plants, except algae unless the products are applied on soil or water to protect plants.   
Surface water A type of infiltration system for the treatment and dispersion of effluent into the ground.
Surface water drainage system A system, such as a SUD 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.
Transitional water Has the meaning given in section 3(7) of the Water Environment and Water Services (Scotland) Act 2003.
Watercourse Includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices and passages through which water flows and includes artificial watercourses and underground watercourses.
Wetland Has the meaning given in section 3(5) of the Water Environment and Water Services (Scotland) Act 2003.

Rationale

The standard conditions are similar to those found in existing registration level water authorisations granted under CAR.

 

56. Do you agree with the list of standard conditions for Activity B2?