Scottish farmer fined £600 for failing to protect water environment by cattle poaching 

Trevor Campbell Kerr was served the Fixed Monetary Penalty (FMP) after SEPA found that he failed to comply with a General Binding Rule designed to protect the water environment by preventing poaching or erosion of any land within five metres of any river, burn, ditch or loch.  

Following three public complaints about cattle poaching of the banks along a stretch of the Eye Water, SEPA officers visited the site near Duns in January 2024.   

Significant livestock poaching was noted within five metres of the top of the Eye Water riverbank and extended along the river for the entire length of the field for 450 metres.   

The regulator explained that significant poaching of riverbanks happens when livestock continually congregate in one area over time for drinking or shelter/shade.  

This activity can destroy riverbank vegetation and its biodiversity, resulting in erosion of the soil, which releases sediment, along with animal faeces and urine, into the water environment.  

Long-term improvements 

SEPA said it is satisfied that Mr Trevor Campbell Kerr failed to comply with, or contravened, a general binding rule, and the penalty is appropriate in this case. 

Stephen Field, SEPA’s national rural unit manager, said:  “The positive changes made by farmers in the area has driven long-term improvements in local bathing waters, and we will not tolerate non-compliance creeping in.   

“In this case, poaching led to biodiversity being destroyed along the length of the banking affected, which will take time to regenerate.  

“Given the extent of the poaching, rainfall events will have an impact on the Eye Water, with particles being washed into the water causing short-lived pollution which can cause damage to fish redds and potentially smother fish eggs.   

“This civil penalty should act as a warning to others that we will take action against those who ignore Scotland’s environmental regulations.” 

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