Watchdog finds clear failings in efforts to protect Scotland’s lochs

Inspections by the Scottish Environment Protection Agency (Sepa) found foresters failing to protect waterways from pollution, leaving behind hundreds of plastic tree guards and burning, burying or abandoning waste.

Both “public and private drinking water supplies continue to be put at risk” from forestry operations, Sepa reported.

Of the 47 sites assessed between November 2022 and October 2023, 25 were compliant with water protection rules and forestry standards, while 22 were non-compliant. The results were “extremely disappointing for the sector”, Sepa said.

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The Ferret obtained the report, its data and warning letters sent to polluters, via a Freedom of Information (FOI) response from Sepa.

An FOI from Scottish Forestry – which is responsible for regulation – confirmed that half of the rule-breaking sites are owned by Forestry and Land Scotland (FLS), which manages around a third of Scotland’s forests on behalf of the public.

The other half were run by private operators.

Sepa sent warning letters to FLS after it polluted Loch Eck, which is home to Scotland’s rarest freshwater fish, the powan, and Lussa Loch, a protected site.

A forestry think tank argued that FLS was setting a poor example for the industry, while opposition MSPs called on ministers to explain the actions of the Scottish Government agency and install “robust penalties” for rulebreakers.

FLS claimed the “vast majority” of its operations met official regulations. It faced “challenges in Argyll”, but was working with Sepa to improve practices. Sepa said there had been a “positive response” to its inspections from the industry, and that its study did not mean rule-breaking is widespread.

Threats to waterways found in Argyll study Sepa launched a series of arranged and unannounced inspections following “several forestry-related environmental incidents” in Argyll – one of Scotland’s biggest regions and a centre of industrial forestry.

It wanted to assess whether forestry operations were complying with Scotland’s water protection regulations and the UK Forestry Standard, which promotes sustainable forestry. Nearly half of the 47 surveyed sites were not.

Failures included poor or inadequate civil engineering and inappropriate management and storage of water and waste. This caused or risked pollution, flooding, erosion and the blocking of waterways used by migrating fish.

At a quarry managed by FLS near Loch Bealach Ghearran, Sepa found waste that had been partially burnt and buried at the site’s entrance.

At other sites, operators – including FLS – ignored guidance to create a five-metre buffer zone to stop conifers from polluting water, instead planting the trees within a metre of waterways.

Conifers can harm water quality, fish and other aquatic life by leaking chemicals, blocking light and acidifying water with the needles they drop.

FLS flouted buffer zones at Doig’s Grave, near Lussa Loch, and at River Eachaig – the latter of which is home to sea trout. In 2021, Marine Scotland found sea trout had reached record low numbers, although an 11% rise was recorded the following year.

Sepa’s report added that large stacks of timber had been left on roadsides for so long that they “may meet the legal definition of waste”. Its data shows that all abandoned log stacks were found on FLS sites.

“We have raised these findings in good faith with the sector and Scottish Forestry in the hope that companies and regulators now focus on ensuring that standards improve such that all forestry work complies fully with the industry standard for environmental excellence,” Sepa’s report said.

Sustainable forestry practices are key to delivering aims and objectives set out in Sepa’s river basin management plan, which aims for 92% of waterways to be in “good” or better condition by 2027.

While Sepa’s Argyll probe found 47% of forestry sites to be complying with environmental standards, a similar study in the south of Scotland in 2014-15 found a compliance rate of 74%.

Forestry guidance was then updated and sent out to foresters, while workshops were held across Scotland to improve practices. A follow-up “snapshot” study in 2019 found a 90% compliance rate.

(Image: Tighnabruaich Beach)

The Argyll assessments showed “poor compliance despite the abundance of improved information, improved communication, and shared learning”, Sepa said. It was due to launch further inspections and enforcement actions, send out improved guidance, and arrange workshops, the report added.

FLS should be ‘an exemplar’ of sustainable forestry

In January, Forest Policy Group, a Scottish think tank, ran a “Better Forestry” conference in Perthshire to discuss ways to improve woodland management. Participants “were clear that FLS should be acting as an exemplar for the sector”, said the think tank’s Gordon Gray Stephens.

But the Argyll report showed that “it has some way to go before this can be a reality”, Stephens claimed. His organisation has “long been of the view that the regulator has had insufficient resources to properly oversee many aspects of forestry, and this report is evidence that this is the case”.

He added: “What arrangements have [Scottish Forestry] and Sepa made to revisit Argyll, or to inspect forestry operations elsewhere, to ensure that basic standards are met?”

Greens MSP Ariane Burgess (below) said: “This is extremely concerning and will worry a lot of people in the area. Our forests are iconic and have a really important role to play in creating more sustainable communities, but that can’t happen when the rules are being flouted or ignored.

“When we support our natural world, it supports us. All of us benefit from clean waters and thriving nature. There must be enforcement and robust penalties for landowners and managers who are putting our nature and wellbeing at risk.”

Scottish LibDem climate emergency spokesperson Liam McArthur MSP said: “People would rightly expect the highest standards of care and maintenance from a Scottish Government body.

“Ministers should explain how its practices can sit properly alongside commitments to promote biodiversity, keep our waters clean and ensure our countryside is pristine.”

FLS said that the “vast majority” of its operations across the country met regulations and official forestry standards.

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“While we always strive towards best practice, the challenges in Argyll have on occasion been extremely taxing and our response has been found wanting, such that Sepa has advised on improvements to a few operations and issued us with two formal warnings, which we immediately acted upon,” said a spokesperson.

“Thanks to this ongoing work, we are adapting and improving the training and guidance we give staff and tightening up our contract documents to improve, achieve and maintain higher standards of operational planning and delivery.”

Scottish Forestry highlighted that when it grants permission for trees to be felled, it does not supervise the operations, but expects operators “to comply with all legislation and guidance”.

“Where significant non-compliance arises, we can require corrective actions and, where necessary, suspend or revoke permissions,” said a spokesperson.

“Ensuring all forestry work is carried out to the correct standard to protect the environment is extremely important and we work with colleagues in Sepa and the wider forestry sector on this compliance work.”

Eilidh Johnston, senior manager of water, industry and rural economy at Sepa, said: “Scotland’s woodlands play a nationally significant role in contributing to our environmental, economic and social wellbeing, including our fight against the twin climate and nature emergencies.”

She added: “We work closely with public, private and third-sector interests on environmental performance and areas of focus, including in Argyll where a small, randomly selected programme of inspections highlighted points for improvement.

“We’re pleased with the positive response from sector interests and have continued to engage across a series of workshops in 2023 and 2024. There is no suggestion that small-scale sampling is indicative of wider patterns, locally or more broadly.”