A tenant farmer and drainage contractor have been fined £3,400 and £3,750 respectively after pleading guilty to conducting unauthorised dredging work in November 2012, which lead to the damage of protected brown trout breeding grounds and habitats.

image expired

Farmer Charles Wellwood ordered contractors to carry out a programme of drainage work, aimed at reducing the flood risk to his land on Hattonburn Farm, in Milnathort, central Scotland. However, Wellwood did not seek the approval of the Scottish Environment Protection Agency (SEPA) and the dredging led to the destruction of five brown trout spawning grounds at Hatton Burn, a tributary to Loch Leven (which is a protected Site of Special Scientific Interest).

A local resident reported the unauthorised work, fearing that it could be causing damage to the Burn. An investigation revealed that almost 128 metres of river bed had been removed, along with sections of the bank and natural vegetation, which SEPA said is crucial to the ecology of the watercourse.

SEPA warned after the case that "Altering a watercourse can dramatically change the way in which sediment is naturally deposited, both upstream and downstream, which in turn can have a significant impact on the wider environment and habitats if not carried out correctly."

SEPA officer Carla Ward added, "Lowering the bed of a watercourse can have a significant impact on the environment and in many cases will only result in a short term solution for flood risk. Had SEPA been approached for authorisation prior to work commencing, much of the damage caused to the Hatton Burn could have been avoided, including the impact on spawning fish.

"While not all drainage works require approval by SEPA, we would strongly encourage anyone considering this scale of activity to seek advice on best practice guidelines, to help avoid incidents such as this in the future."

The pair's fines could have been several times higher than they were, but were reduced after the landowner sent the Sheriff a letter supporting the defendants.