Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities
2.4.1. Bank works: Activity F1
Activity description
Carrying out bank works on a watercourse or loch where:
(a) the total cumulative length of bank affected is less than or equal to 50 metres; and
(b) there is no alteration to the height of the existing bank top.
Standard conditions
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The authorised activity must not alter the existing bank height.
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The authorised activity must not alter the existing bed width.
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The authorised activity 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.
(d) must not cause significant erosion of the bed or banks;
(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.
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Once the authorised activity and any associated construction works have commenced, they must be completed as soon as reasonably practicable.
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Any associated construction works on the bed or bank, must be removed as soon as reasonably practicable after the completion of the authorised activity.
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Where the channel, bed or banks immediately adjacent to the authorised activity, have been adversely impacted by the authorised activity, they must be reinstated at least to their condition immediately prior to the works, as soon as reasonably practicable.
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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 the works, as soon as reasonably practicable.
Interpretation of terms
| Term | Definition |
|---|---|
| Bank height | The height of the bank of a watercourse or loch measured vertically from the bank toe to the bank top, including any artificial heightening of the bank (e.g. embankments, retaining walls). |
| Bank toe | The lowest point on the bank of a watercourse or loch, where the bank meets the bed of the watercourse or loch. |
| Bank top | The first major break in the slope of the bank of any watercourse or loch. |
| Bank works | Any works between and including the bank top and the bank toe. |
| Bed width | 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. |
| Invasive non-native species | Has the same meaning as those in the Wildlife and Countryside Act 1981 for “invasive species of plant outwith its native range” and “invasive species of animal outwith its native range.” |
| Loch | A body of standing inland water. |
| Water for human consumption. | 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. |
Rationale
The standard conditions are similar to those found in existing registration level water authorisations granted under CAR.