is not capable of being operated to control the water level upstream of the weir;

does not result in the creation of a height differential between the upstream and downstream water surfaces of more than one metre; and

was constructed before 1st April 2006.

There 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; and

water 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.

not intended for the purpose of abstraction;

intended for the abstraction of less than 10 m³ of water in any one day;

intended for the abstraction of less than 150 m³ of water in any period of one year, and the purpose of the abstraction is either-

intended to dewater one or more excavations at-

Subject to paragraphs (b) and (c), the construction of the well or borehole must be such as to avoid the entry of pollutants or water of a different chemical composition into any body of groundwater;

drilling 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 pollution of the water environment;

potable water may be introduced into the well or borehole to test the hydraulic properties of the aquifer; and

when the well or 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.

intended for the purpose of undertaking activity 17.

to test the yield of the borehole or well or the hydraulic properties of the aquifer; or

to sample the water quality.

The abstraction must not cause the entry of pollutants or water of a different chemical composition into any body of groundwater; and

when 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.

has an average width of less than one metre along the stretch to be worked, as measured across the bed between the base of one bank and the other; and

has been artificially straightened or canalised along the length which is to be worked.

Vegetation 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;

any vegetation removed must not be disposed of into the channel;

the activity must not result in the widening of the river, burn or ditch;

all reasonable steps must be taken to prevent the transport of sediments or other matter disturbed by the works into waters beyond the worked stretch;

the works 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;

all 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;

the 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; and

the removed sediment must not be left on the banks such that its placement heightens the banks.

of a minor bridge over a river, burn or ditch;

of, or removal of, a temporary bridge over any river, burn or ditch that has a channel width of less than 5 metres; or

of a surface water drainage system outfall which discharges into a river, burn or ditch.

Vegetation on any bank of the river, burn or ditch must be removed or modified only to the extent necessary to carry out the works;

any vegetation removed must not be disposed of into the channel;

the works must not prevent the free passage of migratory fish;

the works must not result in the narrowing of the channel width nor the heightening of either bank;

where the activity requires any work in the wetted part of the channel, the works 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;

if necessary, a temporary culvert may be installed to facilitate the works but the culvert must not extend more than 10 metres along the length of the river, burn or ditch and must be removed on completion of the works;

all 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;

as far as reasonably practicable, within 12 months of the commencement of the works, the bed and banks of the river, burn or ditch must be reinstated to at least their condition prior to the commencement of the works;

for temporary bridges, as far as reasonably practicable, and within 12 months of the removal of the bridge, the bed and banks must be reinstated at least to their condition prior to the commencement of the works;

the activity must not result in pollution of the water environment; and

any outfall and associated works must be designed and constructed 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 or ditch.

The bed and banks must not be altered as a result of the works other than in accordance with paragraphs (b) and (d);

vegetation 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;

any vegetation removed must not be disposed of into the channel; and

as far as reasonably practicable, within 12 months of the commencement of the works, the bed and banks of the river, burn or ditch must be reinstated at least to their condition prior to the commencement of the works.

All reasonable steps must be taken to ensure that the works do not result in increased erosion of either bank of the river, burn or ditch;

the works must not result in the destabilisation of the bed of the river, burn or ditch upstream or downstream of the works;

vegetation 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;

any vegetation removed must not be disposed of into the channel;

revetments must be constructed from one or more of the following: vegetation; geotextiles; wood other than wood treated with preservatives or non-grouted stone rip-rap;

the length of any revetment must be no more than 10 metres or one channel width, whichever is greater;

if wood or stone rip-rap is used for a revetment, the wood or rip-rap must be placed at the toe of the bank;

except 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 or ditch;

the works must not result in the heightening of either bank;

the works 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; and

the revetments must be maintained in the state of repair required to avoid increased erosion of the banks or destabilisation of the bed.

Any vehicles, plant or other equipment must only operate in water where it is impracticable for them to operate on dry land;

the refuelling of vehicles, plant or other equipment must be undertaken at least 10 metres from any surface water;

any static plant or equipment used within 10 metres of surface water must 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 tank or equipment;

any vehicle, plant or other equipment used in or near surface water must not leak any oil;

the washing of vehicles, plant or other equipment must be undertaken at least 10 metres away from any surface water and water from such washing must not enter any surface water;

vehicles, plant or other equipment must not be operated in a river, burn or ditch during periods in which fish are likely to be spawning in the river, burn or ditch nor during the period between any such spawning and the subsequent emergence of the juvenile fish;

vehicles, plant or equipment must not be operated in any part of a river, burn or ditch if there is a reasonable likelihood that, within 50 metres of such an operation, there are freshwater pearl mussels; and

during forestry operations the operator must not operate machinery in watercourses.

All reasonable steps must be taken to ensure that the discharge must not result in pollution of the water environment;

the discharge must not contain any trade effluent or sewage, and must not result in visible discolouration, iridescence, foaming or growth of sewage fungus in the water environment;

the discharge must not result in the destabilisation of the banks or bed of the receiving surface water;

the discharge must not contain any water run-off from any built developments, the construction of which is completed after 1st April 2007, or from construction sites operated after 1st April 2007, unless-

the discharge must not contain any water run-off from-

all facilities with which the surface water drainage system is equipped to avoid pollution, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in a good state of repair;

all 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 pollution of the water environment is prevented from entering the drainage system; and

the construction or maintenance of the outfall must not result in pollution of the water environment.

Oil, paint, paint thinners, pesticides, detergents, disinfectants or other pollutants must not be disposed of into a surface water drainage system or onto any surface that drains into a surface water drainage system;

any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid pollution of 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;

sewage or trade effluent must not be discharged into any surface water drainage system; and

on construction sites any area of exposed soil from which water drains into a surface water drainage system, and the period of time during which such water drains, must be the minimum reasonably necessary to facilitate the construction works being undertaken at that site.

The sediment or other matter must be removed within 10 metres upstream of the weir;

the 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;

the removed sediment must only be returned to the river, burn or ditch from which it was removed, if-

the removed sediment and other matter must not be placed on the bank of any river, burn or ditch;

the return or removal must not result in pollution of the water environment;

vegetation on any bank of the river, burn or ditch must be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification; and

any vegetation removed must not be disposed of into the channel.

the bed of a river, burn or ditch within 10 metres upstream of the point of entry of that river, burn or ditch into a closed culvert;

the bed of a river, burn or ditch within 10 metres downstream of the point of exit of that river, burn or ditch from a closed culvert;

the inside of a closed culvert; or

the bed of a river, burn or ditch within 5 metres of-

The removal or return must not result in the bed of the river, burn or ditch upstream of the culvert being lower than the upper surface of the base of the culvert where it joins the river, burn or ditch;

the 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 or ditch into which it discharges;

the removal or return 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;

vegetation on any bank of the river, burn or ditch must be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification;

any vegetation removed must not be disposed of into the channel;

removed sediment and other matter must not be placed on the bank of any river, burn or ditch;

subject to paragraph (h), the removed sediment must, where possible, be returned to the river, burn or ditch from which it was removed; and

the removed sediment must only be returned to the river, burn or ditch from which it was removed, if-

The placed boulder or boulders must not occupy more than 10% of the channel width;

the boulder or boulders must not be placed within 20 metres of any other boulder or boulders (whether placed or not), croy, jetty or other in-stream structure occupying more than 10% of the channel width;

no boulder or boulders must be placed in such a way as to extend the width occupied by in-stream structures to greater than 10% of the channel width;

no boulder or boulders must be placed against the banks of a river or burn unless such placement forms part of works authorised under these Regulations to control the erosion of a bank of a river or burn by revetment;

the tops of the boulders must be submerged except during periods of low flows;

the placement must not be undertaken during periods in which fish are likely to be spawning in the river or burn nor in the period between any such spawning and the subsequent emergence of the juvenile fish;

all reasonable steps must be taken to ensure that the placement does not result in increased erosion of the bed or banks of the river or burn; and

boulders must not be placed if there is a reasonable likelihood that, within 50 metres of the intended placement, there are freshwater pearl mussels.

a construction site for roads, railways, buildings, pipelines, communication links or other built development; or

a site at which the maintenance of such a development is being undertaken,

Subject to paragraph (b), groundwater 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;

groundwater must be abstracted at the site on no more than 5 separate days in total in any period of 180 days if any excavation, well or borehole on the site, and from which groundwater is abstracted, is in the following geological strata-

groundwater must not be abstracted from any excavations, wells or boreholes that are within 250 metres of a wetland;

groundwater 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;

all reasonable steps must be taken to ensure that the quantity of sediment in the abstracted water is minimised; and

if the abstracted groundwater and, if it is pumped directly from an excavation, 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.

No solid or liquid materials coming into contact with groundwater may contain any hazardous substance;

despite paragraph (a), drilling fluids used during the works may come into contact with groundwater if necessary to facilitate any drilling provided this does not result in pollution of the water environment; and

no materials coming into contact with groundwater as a result of the works may cause pollution of the water environment.

The abstracted water must be returned to the same geological formation from which it was abstracted;

any volume of water may be abstracted but the volume of water abstracted and not returned must not exceed 10 m³ per day;

the chemical composition of the abstracted water must not be altered prior to its return to the geological formation;

there must be a means of demonstrating that the net abstraction is not more than 10 m³ in any one day; and

water 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.

the Sludge (Use in Agriculture) Regulations 1989(3);

a waste management licence in terms of section 35 (waste management licence: general) of the Environmental Protection Act 1990(4);

No fertiliser may be stored on land that-

the registration of a registered exemption, under the Waste Management Licensing (Scotland) Regulations 2011(5); or

the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003(6).

paragraph (a) does not apply if such storage is 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;

no organic fertiliser may be applied to land that-

no inorganic fertiliser may be applied to land that-

fertilisers must not be applied to land in excess of the nutrient needs of the crop;

any equipment used to apply fertiliser must be maintained in a good state of repair; and

fertiliser must be applied on land in such a way and at such times that the risk of pollution to any river, burn, ditch, wetland, loch, transitional water or coastal water is minimised.

Significant erosion or poaching of any land that is within 5 metres of any river, burn, ditch, wetland, loch, transitional water or coastal water must be prevented;

livestock must be prevented from entering any land that is within 5 metres of a spring that supplies water for human consumption or any well or borehole that is not capped in such a way so as to prevent the ingress of water; and

livestock feeders must be positioned-

No land may be cultivated for crops that is-

moling of land must not be carried out on land sloping to any river, burn, ditch, wetland, loch, transitional water or coastal water with an overall gradient in excess of 4.5°; and

land must be cultivated in a way that minimises the risk of pollution to any river, burn, ditch, wetland, loch, transitional water or coastal water.

Water must be discharged in a way which minimises the risk of pollution of any river, burn, ditch, wetland, loch, transitional water or coastal water; and

no discharge from drainage may result in the destabilisation of the banks or bed of the receiving river, burn, ditch, wetland, loch, transitional water or coastal water.

The preparation of pesticide for application and the filling, cleaning or maintenance of pesticide sprayers-

pesticide spraying equipment 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;

pesticide sprayers must not be filled with water taken from any river, burn, ditch, wetland or loch unless-

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

pesticide must be applied in accordance with the terms and instructions of the relevant product approval;

pesticide must not be applied in, onto or over ground or allowed to drift onto or over ground-

application of pesticide must be carried out in such a way, and at such times, that the risk of pollution of any river, burn, ditch, wetland, loch, transitional water or coastal water is minimised and, in particular, pesticide must not be applied-

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

Sheep must be prevented from having access to any river, burn, ditch, wetland, loch, transitional water or coastal water while there is a risk of transfer of sheep dip fluid from its fleece to such places;

no mobile sheep dipping facility, or part of any sheep dipping facility constructed after 1st April 2008 may be located within 50 metres of any river, burn, ditch, wetland, loch, transitional water, coastal water, well, spring or borehole;

sheep dipping facilities must not discharge underground and must not leak or overspill;

sheep dipping facilities must not be filled with water taken from the water environment unless-

without 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."