{
  "url": "https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025/schedule-1",
  "json_url": "https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025/schedule-1.json",
  "legislation": "sdsi/2025/9780111062319",
  "legislation_title": "The Environmental Authorisations (Scotland) Amendment Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025",
  "path": "schedule/1",
  "kind": "schedule",
  "number": "1",
  "heading": "NEW SCHEDULE 10 TO BE INSERTED INTO THE 2018 REGULATIONS",
  "text": "“SCHEDULE 10\nWATER ACTIVITIES\nRegulation 6(1)\nPART 1\nScope and Interpretation\nScope\n1. (1) This schedule applies to all water activities,\n(2) Paragraph 2 applies for the interpretation of—\n(a) this schedule,\n(b) schedule 9,\n(c) the definitions of water environment and water activity.\n2. (1) The water environment includes any part of the water environment which is for the time being dry.\n(2) The water environment does not include any water contained in—\n(a) artificial swimming pools,\n(b) mains or other pipes belonging to Scottish Water or which are used by Scottish Water or any other person for the purpose only of providing a supply of water to any premises,\n(c) water treatment works,\n(d) sewers and drains which drain into sewers,\n(e) sewage treatment works,\n(f) artificially created systems for the treatment of pollutants.\n(3) “Water activity” does not include the discharge of any reagent or chemical or particle tracer used in connection with any scientific experiment or survey in transitional water or coastal water.\nPART 2\nAmendments to common framework provisions\nAuthorisation conditions: protection of the water environment\n3. (1) SEPA must ensure that an authorisation for a water activity includes such conditions as it considers necessary or expedient for the purposes of protection of the water environment.\n(2) In this paragraph, “protection of the water environment” includes, in particular—\n(a) 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,\n(b) promoting sustainable water use based on the long-term protection of available resources,\n(c) enhancing protection and improvement of the aquatic environment.\nAuthorised person in relation to a private sewage activity\n4. (1) This paragraph applies in relation to authorisations for the carrying on of a private sewage activity except where—\n(a) the authorisation provides for the carrying on of any other regulated activity in addition to the carrying on of a private sewage activity, or\n(b) SEPA considers it appropriate to authorise the carrying on of a particular private sewage activity by permit.\n(2) The “authorised person” in relation to that activity is the owner of any land from which domestic sewage is or is to be discharged into a private sewage treatment works.\n(3) The definition of authorised person in paragraph (2) includes—\n(a) where an authorised person has been adjudged bankrupt or the estate of the authorised person is sequestrated, the trustee in bankruptcy,\n(b) where an executor has been appointed to an authorised person’s estate, the executor,\n(c) where the authorised person is a body corporate, and—\n(i) a receiver has been appointed, the receiver,\n(ii) an administrator has been appointed, the administrator,\n(iii) a liquidator has been appointed, the liquidator,\n(d) where an authorised person is a partnership which is dissolved, any person who was a partner immediately before dissolution.\n(4) The following provisions do not apply in relation to the authorisation of, or carrying on of, a private sewage activity to which this paragraph applies—\n(a) regulation 5 (interpretation: authorised person),\n(b) regulation 12(3)(a) (notifications),\n(c) regulation 16 (application for a registration),\n(d) regulation 17(1)(b) (form and content of a registration),\n(e) regulation 18(3) (grant of registration),\n(f) regulation 19(2)(a) (variation of registrations: purposes),\n(g) regulation 19(3) (variation of registrations: authorised person),\n(h) regulation 27 (transfer of a registration or permit),\n(i) regulation 28 (effect of transfer),\n(j) regulation 29 (transfer of revocation notice),\n(k) regulation 30(1)(c) (surrender of registration or permit).\n(5) The notification of the carrying on or the proposed carrying on of a private sewage activity to which this paragraph applies under regulation 12 must be made by the authorised person.\n(6) An application to SEPA for a registration for the carrying on of a private sewage activity to which this paragraph applies must be made in accordance with schedule 1 by the authorised person.\n(7) Regulation 46 (regulatory notices) applies in relation to a private sewage activity to which this paragraph applies in accordance with the following modifications—\n(a) regulation 46(1) and (2) are to be read as if there were substituted—\n“46. (1) This regulation applies where SEPA is of the opinion that—\n(a) a private sewage activity has been or is being carried on, and\n(b) at least one of the following apply—\n(i) steps are required to be taken to prevent or mitigate environmental harm caused or likely to be caused by the private sewage activity,\n(ii) steps are required to be taken to restore the environment affected or likely to be affected by the regulated activity,\n(iii) the authorised person has contravened, is contravening, or is likely to contravene a condition, or other provision, of a registration or a general binding rule,\n(iv) the authorised person has committed an offence under these Regulations,\n(2) Where this regulation applies, SEPA may serve a notice (a “regulatory notice”) on the authorised person.”,\n(b) regulation 46(3) is to be read as if sub-paragraphs (f) and (g)(v) were omitted.\n(8) Regulation 60 (power of SEPA to impose authorisations) applies in relation to a private sewage activity to which this paragraph applies in accordance with the following modifications—\n(a) in regulation 60(1), the reference to “regulated activity” is to be read as if there were substituted “private sewage activity”,\n(b) regulation 60(3) and (4) are to be read as if there were substituted—\n“(3) SEPA must give notice to the authorised person carrying on the private sewage activity that it is treating the activity in accordance with paragraph (1).\n(4) Where SEPA treats an activity in accordance with paragraph 60(1), SEPA must grant an authorisation to the authorised person.”.\n(9) Regulation 63(6)(b) (accelerated applications) does not apply in relation to a private sewage activity to which this paragraph applies.\n(10) Any regulatory notice, revocation notice or surrender notice in force in respect of a registration authorising the carrying on of a private sewage activity to which this paragraph applies must be complied with by the authorised person for that activity.\n(11) SEPA may not revoke an existing water registration on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity in relation to a private sewage activity.\n(12) In this paragraph—\n(a) “domestic sewage” and “private sewage treatment works” have the meanings given in section 59 of the Sewerage (Scotland) Act 1968,\n(b) “private sewage activity” means the discharge of domestic sewage, whether treated or untreated, from a private sewage treatment works.\nPART 3\nDuties on SEPA\nDuties: general\n5. (1) Before carrying out a function mentioned in sub-paragraph (2) in respect of a water activity, SEPA must—\n(a) if it considers that the activity has or is likely to have a significant adverse impact on the water environment—\n(i) assess the indirect effects of that impact on any other aspects of the environment likely to be significantly affected,\n(ii) consider any likely adverse social and economic effects of that impact and of any indirect environmental effects identified in accordance with sub-paragraph (i),\n(iii) consider the likely environmental, social and economic benefits of the activity,\n(b) assess the impact of the activity on the interests of other users of the water environment,\n(c) have regard to other water activities being carried on or likely to be carried on in the area.\n(2) The functions mentioned are—\n(a) granting, or refusing to grant, a registration or a permit,\n(b) varying, or refusing to vary, a registration or a permit.\nDuties: environmental objectives\n6. (1) SEPA must carry out its relevant functions in relation to water activities to secure—\n(a) the achievement of the environmental objectives set for water bodies under section 9(1)(a)(i) (environmental objectives) of the Water Environment and Water Services (Scotland) Act 2003(“the 2003 Act”) and in accordance with regulations 3, 5 to 10 and 17 of the 2013 Regulations,\n(b) the achievement of the environmental objectives set for shellfish water protected areas under section 9(1)(a)(ii) of the 2003 Act and in accordance with regulations 3 and 4 to 7 of the Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013,\n(c) the achievement of the protection of the bodies of water identified under section 6(1) (bodies of water used for the abstraction of drinking water) of the 2003 Act, with the aim of avoiding deterioration in the quality of that body of water in order to reduce the level of purification treatment required in the production of drinking water,\n(d) the achievement of the environmental objectives set for the Solway Tweed River Basin District under paragraph 6 of schedule 1 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004,\n(e) the achievement of the environmental objectives set for the Northumbria River Basin District by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003,\n(f) compliance with the relevant requirements of regulations 13(3), 17, 18, 23(2) and 24 of the 2013 Regulations and regulation 9(2) of the Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.)(Scotland) Regulations 2013.\n(2) SEPA must in exercising its relevant functions in relation to water activities, have regard to the requirements of—\n(a) the Urban Waste Water Treatment (Scotland) Regulations 1994,\n(b) the Conservation (Natural Habitats, &c.) Regulations 1994,\n(c) Part 2 of the Nature Conservation (Scotland) Act 2004,\n(d) the Bathing Waters (Scotland) Regulations 2008,\n(e) section 15(1) of the Marine (Scotland) Act 2010.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1968 c. 47. Section 59 was relevantly amended by the Water Industry (Scotland) Act 2002 (asp 3), schedule 5, paragraph 41."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2003 asp 3. Section 9 was amended by the Aquaculture and Fisheries (Scotland) Act 2013, section 54(4)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.S.I. 2013/325, amended by S.S.I. 2022/138 and S.S.I. 2023/374."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 2004/99, amended by S.I. 2016/139 and S.I. 2019/558."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.I. 2003/3245, amended by S.I. 2016/139, S.I. 2017/407 and S.I. 2019/558."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.S.I. 2013/325, amended by S.S.I. 2022/138 and S.S.I. 2023/374."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "S.I. 1994/2842, relevantly amended by S.I. 1996/973, S.S.I. 2003/273, S.S.I. 2018/391 and S.S.I. 2019/175."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "S.I. 1994/2716, relevantly amended by the Energy Act 2023 (c. 52), S.I. 1996/973, S.S.I. 2004/475, S.I. 2007/1843, S.S.I. 2007/80, S.S.I. 2007/349, S.S.I. 2008/425, S.S.I. 2012/228, S.S.I. 2019/113, S.S.I. 2019/320, S.S.I. 2019/364 and S.S.I. 2021/44."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "2004 asp 6. Part 2 was relevantly amended by the Wildlife and Natural Environment (Scotland) Act 2011, section 37, S.S.I. 2004/475, S.S.I. 2011/155, and S.S.I. 2019/113."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "S.S.I. 2008/170, amended by S.S.I. 2012/243, S.S.I. 2019/26 and S.S.I. 2023/374."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "2010 asp 5."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111062319/schedule/1",
    "retrieved_at": "2026-10-30T15:28:44.917910+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}