Code of Practice on Litter and Refuse Zonation and Implementation Plan 2019

Scottish Natural Heritage (SNH) is subject to duties set out in the Scottish Government’s 4th “Code of Practice on Litter and Refuse () 2018 - Statutory guidance on keeping land free of litter and refuse, and roads clean” issued under section 87(7) of the Environmental Protection Act 1990 (as amended) www2.gov.scot/Resource/0053/00535494.pdf

This Code sets out two duties. Every relevant public body must, so far as practicable –

1: ensure its land (or land under its control), is kept clear of litter and refuse, and 2: ensure public roads (for which it is responsible) are kept clean.

For each relevant land, SNH must -

 assess and allocate our land into Zones  identify which duty response times apply and which response band  introduce a monitoring regime to ensure that our zones are retaining the Grade A standard or, if areas have deteriorated, that restorative action is required, and  make our findings easily accessible to members of the public.

Definitions References here to land, zones, litter and refuse are as defined in the Code. Appendix 2 contains a summary of zone and grade definitions for convenience.

Assessment and zonation of SNH Land

SNH Land comprises all lands that SNH owns, leases, or holds under a Nature Reserve Agreement (under section 16 of the National Parks & Access to the Countryside Act 1949) for which SNH has primary management responsibility.

Appendix 1 shows, for each SNH Land, SNH’s assessment against the criteria (footfall and litter sources) and conclusions on zonation and response times. Additional comments clarify the extent of SNH’s responsibility. No SNH Land was deemed to be Zones 1, 2 or 3; (parts of) a few are Zone 4; most is Zone 5. SNH is not responsible for any relevant public roads subject to Duty 2.

No SNH Land is a designated bathing beach.

As SNH is a body under the control of Scottish Ministers, the Code applies to SNH Land below the level of Mean High Water Spring tides. Appendix 1 indicates where this is relevant. Where SNH manages land adjacent to the foreshore it endeavours to keep the foreshore clear of marine litter for the safety of wildlife and the enhanced enjoyment of people visiting our Land.

Care for the environment, including encouraging and facilitating the correct disposal of litter and refuse, is a priority reason for SNH’s landownership and management. SNH spend on litter and refuse is predominantly on preventive actions. For example SNH has involved communities in the development of training materials for dog owners regarding dog faeces and promotes these nationwide, provides signs and waste bins on its nature reserves, promotes waste avoidance, provides recycling facilities on some lands, organises numerous community beach cleans to raise awareness of marine litter and related campaigns, and promotes responsible waste disposal. SNH considers that >30% of its litter and refuse spend is on prevention and that Band 4 response times apply (as shown in Appendix 1).

Special considerations and practicability

Due to the sensitive nature of much of SNH Land (eg breeding wildlife), its remoteness and the restricting effect of weather conditions, remedial action may not be possible within the appropriate response times. Some items of marine litter, on account of their size, nature and/or inaccessibility, may require special measures and may not be removable within the appropriate response time, if at all.

Monitoring

Maintaining SNH Land as attractive, safe and litter –free is already a priority for SNH and popular public access areas are monitored regularly.

Remote areas, with low footfall and no ‘high priority’ litter sources, as discussed in the Code, are inspected less frequently. For these areas we provide contact details and encourage visitors to bring issues to our attention for appropriate action.

Monitoring is not a mandatory requirement of the Code but SNH will implement a system of recording compliance and actions to provide the evidence, as may be required, to respond to complainants. SNH has an established customer complaints system through which visitors can register dissatisfaction with the standard of our Lands https://www.nature.scot/about-snh/contact-us/customer-care .

Review

SNH will review zonation in light of significant changes in an area’s use, and every two years. Make findings easily accessible to members of the public

To be published on SNH’s website www.nature.scot

Contacting Scottish Natural Heritage

If you have a query concerning SNH’s implementation of the Code or about an SNH property, please contact us at Great Glen House, Leachkin Road, Inverness IV3 8NW, Tel: 01463 725000 or use our Feedback form.

If your query is a compliment or complaint, please visit the Customer care section of our website www.nature.scot/about-snh/contact-us/customer-care.

You can find these and additional contact details on our website at www.nature.scot/about-snh/contact-us Appendix 1 - List of SNH Lands

SNH Lands Average High risk Zone Response times Notes hourly footfall potential (days) for litter & over 7 days litter refuse grades E, sources D, C & B (see below) Abernethy (Dell Wood) <20 0 5 7-9-10-26 Achanarras Quarry <20 0 5 7-9-10-26 Ariundle Oakwood <20 0 5 7-9-10-26 Car park managed by Forestry & Land Scotland. Battleby 20-300 0 5 7-9-10-26 Conference centre car park & driveways 20-300 0 5 7-9-10-26 (70) Car park and visitor centre area and short trails. (Special consideration for remote hill areas) Ben Lui <20 0 5 70 Special consideration - extremely remote <20 0 5 70 Special consideration - extremely remote. Car park managed by Forestry & Land Scotland <20 0 5 7-9-10-26 Braehead Moss <20 0 5 7-9-10-26 Caerlaverock <20 0 5 7-9-10-26 Castle Corner and Hollands car parks and waymarked trails. <20 0 5 7-9-10-26 Claish Moss <20 0 5 70 Special consideration - extremely remote Clyde Valley <20 0 5 7-9-10-26 Woodlands (Cartland Crags & Cleghorn Glen) <20 0 5 7-9-10-26 (70) Car park managed by Forestry & Land Scotland. (Special consideration for remote hill areas) Cragbank Wood <20 0 5 7-9-10-26 Craigellachie <20 0 5 7-9-10-26 Car park managed by SYHA. Trunk road verge managed by Transport Scotland. 20-300 0 4 5-6-7-16 (63) Car park and information point area. (Special consideration for remote hill areas.) <20 0 5 7-9-10-26 Car park, access track, viewing tower and loop trail area Forvie 20-300 0 4 5-6-7-16 (70) Foreshore included – but seasonal special considerations apply. Inaccessible rocky coastline. <20 0 5 7-9-10-26 Car park Glen Nant <20 0 5 7-9-10-26 Car park and waymarked trails managed by Forestry & Land Scotland <20 0 5 7-9-10-26 (70) Viewpoint car park. (Special consideration for remote hill land) <20 0 5 70 Special consideration - small remote area Glencripesdale <20 0 5 7-9-10-26 Special consideration - extremely remote Great Glen House 20-300 0 4 5-6-7-16 Car park <20 0 5 7-9-10-26 Car park and access track. Inaccessible rocky coastline. Invereshie and <20 0 5 7-9-10-26 Car park managed by Forestry & Land Inshriach Scotland <20 0 5 7-9-10-26 Landing area, trails, visitor shelter. Inaccessible rocky coastline. Jock's Gill Wood <20 0 5 7-9-10-26 Keen of Hamar <20 0 5 7-9-10-26 Car park Kirkconnell Flow <20 0 5 7-9-10-26 Car park Knockan Crag <20 0 5 7-9-10-26 Car park and toilets area, Rock Room. <20 0 5 7-9-10-26 SNH manages Balblair and Littleferry car parks – but Highland Council empties the bins. HC also manages Mound car park and lay-byes. Occasional fly-tipping. 20-300 0 4 5-6-7-16 Heritage Trail (except RSPB section) and shared management of Kinross car park. P&K Council provide bins and manage Burleigh & Kirkgate car parks. The lodges manage Findatie car park. Todd & Duncan manage their car park. Loch Lomond <20 0 5 7-9-10-26 Inchcailloch managed by Loch Lomond and the National Park Authority Islands <20 0 5 70 Special consideration - extremely remote Moine Mhor <20 0 5 7-9-10-26 Car park and tile trail 20-300 0 4 5-6-7-16 Car park area, waymarked trails, viewpoint. Occasional fly-tipping. Noss <20 0 5 7-9-10-26 Landing and visitor centre areas. Inaccessible rocky coastline. Rannoch Moor <20 0 5 70 Special consideration - extremely remote Rhynie Chert <20 0 5 7-9-10-26 Rum <20 0 5 7-9-10-26 Kinloch village outwith SNH Land. Inaccessible rocky coastline. St Cyrus 20-300 0 4 5-6-7-16 Car park and kirkyard managed by Aberdeenshire Council. Foreshore exempt. Sunart <20 0 5 7-9-10-26 Taynish <20 0 5 7-9-10-26 Car park, Piggery and waymarked trails Tentsmuir <20 0 5 7-9-10-26 Access points. Foreshore at Tentsmuir Point section included. Forest and Kinshaldy car park managed by Forestry & Land Scotland.

Extracts from the Code of Practice on Litter and Refuse (COPLAR)

Definition of Zones

Zone Description Guidance – This should include areas where … 1 Areas subject to extremely high the average hourly footfall/ vehicle footfall and/or vehicular movement movements is more than 1,000 over a and/or very high number of 7 day period and/or 20 or more high potential litter sources. risk potential litter sources. 2 Areas subject to high footfall and/ the average hourly footfall/ vehicle or vehicular movement and/or high movements is 601-1,000 over a 7 day number of potential litter sources. period and/or 15-19 high risk potential litter sources. 3 Areas subject to moderate footfall where the average hourly footfall/ and/ or vehicular movement and/or vehicle movements is 301-600 over a a moderate number of potential 7 day period and/or 10-14 high risk litter sources. potential litter sources. 4 Areas subject to low footfall and/ or the average hourly footfall/ vehicle vehicular movement and/or low movements is 20-300 over a 7 day number of potential litter sources. period and/or 5-9 high risk potential litter sources. 5 Areas subject to very low/no footfall the average hourly footfall/ vehicle and/ or vehicular movement and/or movements is less than 20 over a 7 few/no potential litter sources. day period and/or 0-4 high risk potential litter sources.

Band 4: basic response times, based on >30% spend on prevention

Litter and Refuse Grade Special Zone F E D C B A consideration 1 8 h 10 h 12 h 48 h 42 d 2 12 h 14 h 18 h 4 d Clear 49 d At the 3 24 h 48 h 60 h 5 d of 56 d earliest 4 5 d 6 d 7 d 16 d litter 63 d practicable 5 7 d 9 d 10 d 26 d & 70 d opportunity 6 35 d 42 d 49 d 70 d refuse No additional time

Definition of litter and refuse grades

These are set as grades from A to F, with A reflecting that no litter or refuse is present (the standard) and F that potentially dangerous materials need to be removed as early as practicable.

These grades should be used when monitoring. The guideline number of items specified in the following photographs should be applied to areas of 100m2.

Note that:

• large items (larger than a credit card) include but are not limited to drinks containers, food packaging, carrier bags, newspapers, crisp packets/large sweet packets, cigarette packaging items, food waste (banana skin, sandwich etc.), and dog faeces

• small items include but are not limited to cigarette ends, receipts, tickets, individual sweet wrappers, and small food waste items (e.g. individual crisps)

• where a combination of both exists, six small items should be regarded as one large item e.g. 13 large items and 30 small items would become 18 large items making it a grade D

• flytipping is the illegal disposal of controlled waste – from a single bag of waste to large quantities of domestic, commercial or construction waste.

Grade Description Guide (per 100m2) A No litter or refuse is present on any type of land B Small amounts of litter and refuse < 5 large items or <30 small items of litter and refuse C Moderate amounts of litter and 5-15 large items or 30-90 small refuse, with small accumulations items of litter or refuse D Significant amounts of litter and 16-30 large items or 91-180 small refuse, with consistent distribution items of litter and refuse and accumulations E Substantial amounts of litter and > 30 large items or >180 small refuse with significant items of litter and refuse accumulations F Incidents of flytipping and hazardous/special waste (drug related waste, broken glass, animal carcasses, car parts, chemicals, and spillages)