The purpose of restoration - a regulatory overview

Lorna Harris (SEPA Wetland Ecologist)January 2011

Why is SEPA involved in wetland protection?

Legal duties Water Framework Directive / WEWS (2003) preventing further deterioration of, and protecting and

enhancing, the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on those aquatic ecosystems

Nature Conservation (Scotland) Act (2004) Natura 2000: No adverse impact on integrity at

site level SSSI: no likely damage to protected feature

Flood Risk Management (Scotland) Act 2009

Biodiversity duties UKBAP/ Scottish Biodiversity Strategy

What wetland types do SEPA protect?

Types (WFD/WEWS, FRM Act, NCSA Act) Groundwater body dependent wetlands

(including raised bogs that depend on a high groundwater table within bedrock)

Surface water body dependent wetlands that are part of surface water bodies (lochside)

Surface water dependent wetlands that are not part of but depend on a surface water body (e.g. floodplain wetland features)

Wetlands that are a designated feature of SSSI

Wetlands that are an interest feature essential to the functioning of a Natura 2000 site (SAC or SPA).

Peatlands

Organo-mineral soils (surface peat layers less than 50cm thick) Land management affects role in combating

diffuse pollution which is regulated by SEPA through the WEWS Act

Fen, reedbed and wet woodland Contain significant quantities of peat and

waterlogged conditions often result in peat formation

Groundwater and/or surface water dependent wetlands protected under WEWS Act

Important ‘natural features’ for requirements under the FRM Act

Blanket bog and raised bog SEPA does not regulate water related activities

on blanket or raised bog directly, but manages impacts on the downstream water environment and associated wetlands through WEWS

Blanket and raised bogs are also important ‘natural features’ under the FRM Act

Excess peat material (that cannot be re-used) that is generated during construction activities on peatlands is considered to be waste and is managed through PPC (see ‘SEPA Position Statement – Developments on Peat’)

SEPA uses a combination of planning and regulation (licensing) to influence the management of peatlands.

Why are SEPA interested in peatland restoration?

Multiple benefits to the downstream water environment and associated wetlands Improvements to water quality Role in sustainable natural flood management Carbon storage and sequestration Biodiversity

Fen management and restoration – WEWS and WFD objectives

SEPA have worked in partnership with SNH (project lead), EA, NIEA, NE, CCW and RSPB to develop the ‘Fen Management Handbook’

Aims of peatland restoration

Restore the original function (habitat, carbon store and sequestration) of the peatland

Create the hydrological conditions required for peat accumulation

Raise the water table of the bog to encourage bog species to establish

Consider current land management practices to achieve realistic restoration

Existing guidance: SNH FC – Deforesting and Restoring Peat Bogs: A

Review

^ Good practice of restoration with water close to the surface and supporting bog vegetation (bog cotton and Sphagnum)

Ditch Blocking

Aim - retain water in bog and slow water movement to encourage growth of Sphagnum moss in ditches

Clear plan (including timescales and map) should be provided

Methods for ditch blocking explained (plastic piling, straw bales, peat dams...)

Guidance is available (SNH)

Ditch blocking – use of excavated peat

Use of excavated peat from construction works must have an ecological benefit to be exempt from waste licensing

Example of a suitable use - creation of peat dams as part of peatland restoration (Habitat Management Plans)

Issues to consider; Timing – restoration must be planned in

advance of the material being excavated Quantity of material... Is the excavated peat suitable? Dry,

unconsolidated peat and surface peat should not be used to block ditches

Difficulties of transporting material and access to ditches

Ditch Blocking – good practice

^ Peat dam blocking water flow in old forestry drainage ditch.

Ditch Blocking – poor practice...

Ditch blocking and CAR

The blocking of artificial drainage ditches does not require authorisation under CAR.

For larger or natural watercourses please check with the local SEPA office.

Restoration of cutover sites

Restoration to bog not always possible – fen vegetation often more appropriate

Aim – establish suitable vegetation cover, maintain water table and prevent problems for downstream water quality

Mulch and peatland restoration Mulch/brash is often spread across the surface of a clearfelled peatland area (fell to waste) Advantages for peatland restoration?

Blocks furrows and slows water flow for Sphagnum Provides ‘cover’ for Sphagnum growth?

Disadvantages Exacerbate nutrient leaching and acidification Risk of leachate from decomposing brash entering watercourses Dense layer prevents growth of bog species – encourages weeds Carbon loss…

Does leaving mulch/brash on site have an ecological benefit for

peatland?

For waste management exemption SEPA must ensure that application of exempt organic waste to land will result in ecological improvement.

Forest Research (2010). Restoring afforested peat bogs: results of current research Bog vegetation recovered best in whole-tree removal

treatments and least well in fell-to-waste treatments Evident that dams in main drains and furrows to raise

water table are essential for peatland restoration Does mulch help or hinder peatland restoration?

There is insufficient scientific evidence to prove that chipped, shredded or mulched material results in ecological improvement

SEPA’s current advice is that spreading forest residues on a peatland does not have an ecological benefit and therefore waste exemptions will not apply

Off-site and commercial applications (biomass) for chipped material needs to be considered as a priority and at the earliest stage in the planning process Site specific factors to be considered Reasons for not moving the material off-site must be

given (cost) Arguments for leaving the material on site must be clearly

stated (e.g. small volume of material and minimal risk to the environment)

What can be improved to protect peatlands?

The assessment of soil carbon, its state and management, is currently fragmented across several authorities. ‘SEPA advises that soil carbon is, assessed, monitored, regulated and protected via the planning and environmental protection systems in a coordinated way.’

SEPA advises that the policy agenda for protection of peatlands in Scotland is better co-ordinated, including drivers such as Climate Change Act, FRM Act, WEWS, NCSA.

Further research on the impacts of developments (e.g. long term hydrological impacts) and management practices (e.g. grazing and burning) on peatlands is required.

Further long-term monitoring of peatland restoration on development sites

SEPA recognises the benefit of good practice guidance ‘Good Practice during Wind Farm

Construction’ (SNH, SEPA, Scottish Renewables, FCS)

Good practice guidance for peatland restoration (SNH/Macaulay project)

Good practice guidance for wind farm decommissioning – proposed

Long term sustainable restoration of peatlands needs to include and optimise all ecosystem

services (environmental, social and economic) that the peatland provides, both of the actual

area and its functioning in the wider catchment.