Moray Council Faces Regulatory Clash Over £1.6 Million River Improvement Project

Moray Council is bracing for a potential standoff with environmental regulators after officials recommended abandoning a £1.6 million programme to restore the region’s waterways due to severe budget constraints.

The Scottish Environment Protection Agency (SEPA) has identified six specific locations across Moray that require urgent intervention, including the essential easement of fish barriers, to improve the quality of the local water environment. Despite the environmental significance of the projects, council officers have stated that the local authority is “unlikely” to fund the works without significant third-party financial assistance.

A Regulatory Deadline Under Pressure

Under the Water Environment and Water Services (Scotland) Act 2003, local councils are legally obligated to align with restoration plans developed by SEPA. Should a council fail to comply, they must provide “good” or “compelling” reasons for their inaction.

SEPA has set a firm deadline of December 21, 2027, for the completion of these works. In a blunt warning to the council, the regulator confirmed that if the projects are not delivered by the cutoff, it will consider all available regulatory options, including the service of formal enforcement and remedial measures.

However, a new report prepared for the council argues that current financial pressures constitute a valid reason for non-compliance, suggesting that the local authority lacks the capacity to shoulder the £1.6 million cost—plus an additional £150,000 required for one specific site.

Uncertainty Over Enforcement

The council currently admits to significant uncertainty regarding the legal fallout should they choose to ignore the directive. Officials are unsure if SEPA would pursue a formal prosecution, whether such a process would be successful, or if legal action could truly force the delivery of the projects in the absence of available funding.

As it stands, the council is recommending that no work proceeds unless an external partner provides either full or partial funding as part of a broader infrastructure scheme.

Local Waterways at Risk

While one project at the Rothes Burn is already moving forward thanks to the Water Environment Fund, five other sites remain in a state of limbo:

• Linkwood Burn: Identified as a high priority by SEPA, which has already pledged to support the removal of restrictions.
• Tommore Burn: Currently awaiting funding.
• Mosset Burn: Two sites identified, both currently unfunded.
• Burn of Buckie: Currently unfunded.

The council’s Economic Development and Infrastructure Services Committee is scheduled to meet on Thursday, September 8, to decide whether to formally adopt the officers’ recommendation to withhold funding for these £1.6 million works and instead focus on ongoing negotiations with SEPA to seek alternative solutions.

“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,” the report concluded.