Instructions for objecting to the approval of CAR licenses and asking Scottish Ministers to recall them.
Status
SEPA has decided to approve CAR applications for Dawnfresh Ltd. for the Little Cumbrae, Cumbrae, and South Bute proposed fish farm sites. Having made this decision, there is a 21 day period whereby objections to this decision can be made to Scottish Ministers, asking them to ‘call in’ the decision for review.
Deadlines
In order to ask Scottish Ministers to call in the SEPA decisions to issue CAR licences for these farms, we have to do so within the 21 day limit following SEPA sending out the notices for each of these CAR approvals. Dated letters are below here.
Site Issued Deadline
Little Cumbrae 13th Oct 2nd Nov
Cumbrae 15th Oct 4th Nov
South Bute 18th Oct 7th Nov
If you originally Objected
Only people who originally objected to the proposed CAR licences are entitled to object and ask for the decisions to be called in by the Scottish Ministers. If you objected initially, please now write to the Scottish Ministers, notifying them of your objection to the CAR licenses and ask them to call in the decisions. See How to Object below on how to do this.
If you did not originally Object
You are able to support objections by others that request Scottish Ministers to call in the decisions, but not make one yourself. Please feel free to support our own request to call in the decision on the three CAR license approvals. See How to Support an Objection below for more details.
Buteiful Coast’s and Others Objections
In our objection letters below, as well as referencing our past(original) objections to the CAR licenses, we have highlighted that SEPA is not taking into account the impact on humans from chemicals discharged under the CAR licenses. See SEPA’s legal obligation below.
Our requests focus on SEPA’s legal duty to protect swimmers as other users of the environment. We were able to comment personally on wild swimming around Bute. If you actually have swum at or near to any of the three proposed sites, please specifically mention that fact in your emails.
As well, say how much swimming matters to you. If you have a business that brings people to the island, and those people might swim, please mention how your business might be affected.
Other groups and organisations are also objecting to these licenses being approved, and making requests to call-in the decision. View the objections from the Scottish Creel Fishermen’s Federation and the Friend of the Sound of Jura below, to see on what grounds they object to these licenses.
Other Information
We have collated information on the Sustainable Development Goals Scotland has adopted from the UN. You may wish to use this points in supporting an objection to Scottish Ministers
How to Object
To object to a CAR license approval, you must notify the Scottish Ministers that you do object, and copy the objection notification to SEPA. See Contact Details below for postal and email addresses.
You must use in the subject of the email, or make obvious in written correspondence the SEPA reference to the CAR application you are objecting to. See the CAR References below for these.
If you have a reference code to your objection during the proposal stage, likely in the form ANON-XXXX-XXXX-X, include this in your objection notification. If not, include any relevant details that will point them towards your previous submission.
How to Support an Objection
To support an objection to the approval of a CAR license you need to do the following:
You must notify the Scottish Ministers that you support your chosen person’s objection, and copy the objection notification to SEPA. See Contact Details below for postal and email addresses.
You must use in the subject of the email, or make obvious in written correspondence the SEPA reference to the CAR application you are objecting to. See the CAR References below for these.
You can reference our objections to each CAR license approval with the following: “I support the objection made by Theresa Nelson on 2021-10-22 in regards to [CAR Reference]”.
What happens after
From SEPA:
“If you, or anyone else, submits a notification objecting to our decision within the 21-day period, the Scottish Ministers may direct us to refer the application to them so that they can make their own determination. This is known as “calling in” an application.
If a notification is sent to the Scottish Ministers and copied to SEPA within the 21 day period, our proposed decision to grant a permit will be put on hold until either:
• we receive written notice from the Scottish Ministers that they do not intend to call in
the application; or
• a period of 63 days, beginning with the date of service of this notice, has expired and
we have received no written notice from the Scottish Ministers.”
Information
References
SEPA CAR subject line references
CAR/L/1178014 – South Bute Marine Pen Fish Farm
CAR/L/1178035 – Little Cumbrae Marine Pen Fish Farm
CAR/L/1178037 – Cumbrae Marine Pen Fish Farm
Buteiful coast objection references
Theresa Nelson’s objection to CAR/L/1178014 on 2021-10-22
Theresa Nelson’s objection to CAR/L/1178035 on 2021-10-22
Theresa Nelson’s objection to CAR/L/1178037 on 2021-10-22
Contact Details
Scottish Ministers
EQCAT@gov.scot
Scottish Ministers
Scottish Government
Environment and Forestry Directorate
Environmental Quality Division, Area 1-D (North)
Victoria Quay, Edinburgh
EH6 6QQ
SEPA
registry@sepa.org.uk
FAO Head of Permitting
Scottish Environment Protection Agency
Angus Smith Building
6 Parklands Avenue
Eurocentral
Holytown
North Lanarkshire
ML1 4WQ
SEPA Legal Obligation
Part 15.(1)(c) of the Water Environment (Controlled Activities) Regulations 2011 says: Determination of application 15.-(1) Before determining an application SEPA must- (a) assess the risk to the water environment posed by the carrying on of the activity referred to in the application; (b) if the application is in respect of an activity that it considers has or is likely to have a significant adverse impact on the water environment— (i) assess the indirect effects of that impact on any other aspects of the environment likely to be significantly affected; (ii) consider any likely adverse social and economic effects of that impact and of any indirect environmental effects identified in accordance with sub-paragraph (i); and (iii) consider the likely environmental, social and economic benefits of the activity; (c) assess the impact of the controlled activity on the interests of other users of the water environment; (d) assess what steps may be taken to ensure efficient and sustainable water use; (e) apply the requirements of the legislation referred to in Part 1 of Schedule 4, including, in particular, the provisions of Article 4 of the Directive and Article 6 of the Groundwater Directive 2006; and (f) have regard to the provisions of the legislation referred to in Part 2 of Schedule 4.
21 Day Notice Letters
ButeifulCoast Objection Letters
Other Objection Letters
Other Information
Original Objection Form Responses
CAR Application Links
https://consultation.sepa.org.uk/permits/dawnfresh-cumbrae-car-consultation/
https://consultation.sepa.org.uk/permits/dawnfresh-little-cumbrae-car-application/
https://consultation.sepa.org.uk/permits/dawnfresh-south-bute-car-consultation/