{
  "url": "https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025/schedule-23/paragraph-25",
  "json_url": "https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025/schedule-23/paragraph-25.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/23/paragraph/25",
  "kind": "paragraph",
  "number": "25",
  "heading": "Applications for permits and registrations for waste to land activities",
  "text": "(1) Where a person will be carrying on an activity described in schedule 18 to be inserted into the 2018 Regulations by schedule 9 of these Regulations on or after 1 November 2025, that person may apply for a permit or registration within the meaning of the 2018 Regulations on or after 1 June 2025.\n(2) An authorisation granted by SEPA before 1 November 2025 in respect of an application for a permit or registration made in accordance with sub-paragraph (1) before 1 November 2025 takes effect on 1 November 2025.\n(3) Where an application for authorisation is made in relation to an activity which is currently an exempt activity under paragraph 8(1)(a) of schedule 1 of the 2011 Regulations, or an activity which may be carried on in accordance with the Sludge (Use in Agriculture) Regulations 1989, or both, and—\n(a) SEPA has not determined an application made under sub-paragraph (1) on or before 1 November 2025, or\n(b) SEPA has granted an authorisation, but the applicant has appealed against the conditions of that authorisation,\nthe activity, for the purposes of regulation 7 of the 2018 Regulations, is deemed to be authorised under the 2018 Regulations in accordance with the description of the activity given in the application made under sub-paragraph (1), and subject to the conditions in sub-paragraph (4) until the application has been concluded.\n(4) A deemed authorisation under sub-paragraph (3) is subject to the following conditions—\n(a) notwithstanding their revocation, the provisions of the Sludge (Use in Agriculture) Regulations 1989, and\n(b) where the applicant was, on the date the application was made, the holder of an exemption under paragraph 8(1)(a) of schedule 1 of the 2011 regulations, the conditions of that exemption as provided in paragraph 8(3) of schedule 1 of the 2011 Regulations.\n(5) The applicant is the authorised person in respect of any deemed authorisation under sub-paragraph (3).\n(6) Where—\n(a) SEPA grants an application for registration or permit under sub-paragraph (2), and\n(b) the applicant has registered a complex exemption for that activity under paragraphs 7 or 8(2) of schedule 1 of the 2011 Regulations which is in effect on 1 November 2025,\nthat registered exemption ceases to have effect on 1 November 2025 and will be deemed to have been removed from the register maintained under regulation 20 of the 2011 Regulations on that date.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1989/1263, relevantly amended by the Environment Act 1995 (c. 25), S.I. 1990/880, S.I. 1996/593, S.S.I. 2015/100 and S.I. 2019/558."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111062319/schedule/23/paragraph/25",
    "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."
}