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5. THE GENERAL BINDING RULES
The General Binding Rules which we propose to lay in Parliament as an extension to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 ( CAR) can be found at Annex A.
Guidance
A guidance note will be produced, but a few preliminary notes are included below:
GBR 18) The storage and application of fertiliser
The rule will apply both to organic fertilisers, such as manures and slurry, and to manufactured fertilisers. The proposed requirements differ in view of the differing risks to the water environment, taking account of faecal indicator organisms in organic fertilisers as well as the nutrients (nitrate and phosphate). Account is taken of the generally lower risk of forestry operations.
GBR 19) Keeping of livestock
The rule will require action to be taken to prevent erosion where it is evident that erosion or poaching by livestock is causing pollution of a surface water or wetland. Although certain restrictions apply, it does not prohibit cattle from having access to watercourses, even on intensively stocked land, but care must be taken to minimise potential pollution.
GBR 20) Cultivation of land and harvesting of crops
The rule is designed to prevent losses of soil that can arise from cultivation or harvesting close to surface waters. This will benefit biodiversity as well as the physical structure of the watercourse.
GBR 21) Discharge of water run-off
This extends to rural land the provisions that already apply to urban areas (buildings and roads) in GBR 10 of CAR. Drainage in forestry is the subject of advice in the Forests and Water Guidelines, published by the Forestry Commission. Compliance with the Forests and Water Guidelines will be more demanding than compliance with the GBRs.
GBR 22) Construction and maintenance of waterbound roads and tracks
The rule applies to all waterbound roads and all tracks designed for vehicle use.
GBR 23) The handling and use of pesticides
Under rule b), where pesticide is being applied within any distance lesser than those specified, it is required that:
- where a product is produced for commercial or professional purposes, e.g. on farms; in horticulture; on amenity areas, industrial areas and sports grounds; or in forestry, an appropriate risk assessment (such as a LERAP) is carried out: and
- where a product is a preparation for amateur or hobby gardening, it is approved by the Pesticides Safety Directorate and is used in compliance with the product's statutory conditions of use.
Further details can be found on the PSD website. The Pesticides Safety Directorate
GBR 24) Operating sheep dipping facilities
The GBR makes reference to the existing rules which require authorisation by SEPA for the disposal of waste sheep dip.
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