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The National (Scotland)
The National (Scotland)
National
Laura Hannot

Dumfries and Galloway farmer fined almost £8000 for illegal river work

A STRANRAER farming company has been fined nearly £8000 by the Scottish Environment Protection Agency (SEPA) after diverting and straightening a burn without the necessary authorisation.

The company Messrs R McNeil Ltd, based in Dumfries and Galloway, was issued a £7833 Variable Monetary Penalty (VMP), which can impose fines of up to £40,000 for certain environmental violations.

Following the investigation, SEPA concluded that the illegal work done on the burn “altered permanently” the environment of the burn and SEPA deplored a “loss of habitat”.

“While a SEPA ecology survey has shown that invertebrate levels are recovering, there has still been a lasting environmental impact,” said Kirsty McHarg, SEPA unit manager for Southwest Scotland.

SEPA became aware of the problem after concerns were raised from activity at the Pinminnoch Burn near Portpatrick.

A witness told SEPA that work began in June 2020 for a few months to realign the burn.

Infrared satellite images show the changes to the burn with before and after photos. The imagery demonstrates how the burn was diverted and straightened, and a company director admitted to SEPA that no authorisation was requested.

The Burn on April 25, 2020 showing the original course of the river. The vegetation is red and anything else is dark green. black or greyThe Burn on April 25, 2020 showing the original course of the river. The vegetation is red and anything else is dark green. black or grey (Image: SEPA) The burn on July 2021. The image shows the new course of the river, demonstrating how it was permanently diverted and straightened (Image: SEPA)

“River engineering can disrupt nature’s delicate balance, destroying aquatic habitats and causing or exacerbating erosion and flood risk,” said McHarg.

Along with the £7000 fine, the Dumfries and Galloway farmer is required to pay £2349.90 to SEPA.

“This civil penalty should act as a warning to others that we will take action against those who ignore Scotland’s environmental regulations. I would urge anyone planning to carry out works in or near to watercourses to get in touch with us before they start, we’re happy to provide advice and guidance,” McHarg said.

“No channel modifications should start before an authorisation from us has been granted, to ensure the right mitigation is in place and no harm is being caused.”

“I want to be very clear that those who seek to do the right thing will find a helpful and supportive regulator.

On behalf of SEPA, McHarg stated that if anyone acts incorrectly, SEPA will take "appropriate enforcement action."

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