Council ‘unlikely’ to afford £1.6 million works issued by SEPA

Council officers have proposed not funding £1.6m worth of work to improve Moray’s rivers – despite a regulator warning of possible enforcement action.

The Scottish Environment Protection Agency (SEPA) identified six areas where Moray’s water environment could be improved – including the easement of fish barriers – and it “expects” the council to work with other organisations to fix it, a report has stated.

Moray Council’s deadline to complete the work is December 21, 2027.

The report explained that “high level estimates” for the work come to £1.6m plus another £150,000 for one of the sites.

“SEPA has advised that if Moray Council is not in a position to deliver this work before the 2027 deadline, it will consider all regulatory options including service of a remedial measures,” the report added.

“Whichever option is chosen, SEPA will have regard to its enforcement policy and its guidance on the use of enforcement action in reaching a decision.”

But the report adds: “Officers have advised SEPA that while they understand the importance of protecting the water environment, financial constraints mean it is unlikely that Moray Council will be in a position to undertake works, unless third party funding is made available.”

Under the Water Environment and Water Services (Scotland) Act 2003, local councils have to act in line with plans drawn up by SEPA, or provide “good” or “compelling” reasons why this was not possible.

The report said that officers believed the current financial pressures on the council would meet this threshold.

Therefore the recommendation to councillors is that work should not be carried out unless a third party funder can be found to either fully fund the work, or partly fund it as part of a larger project.

It is also recommended that council officers “continue to engage with SEPA to identify potential solutions to fish barriers on Moray’s waterbodies”.

The report also said that the council is currently “uncertain” about the “likelihood” of a prosecution being pursued, the consequences of any prosecution and whether enforcement could “compel” delivery irrespective of funding.

One of the six sites identified by SEPA, along the Rothes Burn, already has work underway as money was provided from the water environment fund.

But the remaining sites, one on the Linkwood Burn, one on the Tommore Burn, two on the Mosset Burn and one on the Burn of Buckie are yet to start as no funding has been found.

SEPA has also advised that the site at Linkwood Burn should be a priority as the organisation has agreed to undertake works to remove restrictions on this watercourse.

Councillors in the Economic Development and Infrastructure Services Committee will decide if they want to agree with the recommendations at a meeting on Thursday.