The Environmental Authorisations (Scotland) Amendment Regulations 2025
S.S.I. 2025/165 · Made 27 May 2025 · Extends to Scotland
Environmental Protection
Waste
Water
Made 27th May 2025
Coming into force in accordance with regulation 1(2), (3), (4) and (5)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 18 and schedule 2 of the Regulatory Reform (Scotland) Act 2014 (“the 2014 Act”)f1, and all other powers enabling them to do so.
In accordance with section 19 of the 2014 Act, the Scottish Ministers have consulted (a) the Scottish Environment Protection Agency and (b) such other persons as they thought fit, including such persons appearing to them to be representative of the interests of local government, industry, agriculture, fisheries or small businesses as they considered appropriate.
In accordance with section 58(4) of the 2014 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
-
2014 asp 3. Section 16 makes provision relevant to the exercise of these powers; section 16 and schedule 2 were amended by S.S.I. 2019/436. Section 18 includes the power to make different provision for different purposes and incidental, supplemental, consequential, transitional, transitory or saving provision by virtue of section 58(1).
Contents
- Part 1: General
- 1Citation and commencement
- 2Interpretation
- Part 2: Amendment of the 2018 Regulations
- 3Amendment of the 2018 Regulations
- 4Amendment of regulation 2(1) (interpretation)
- 5New regulation 2A (interpretation: best available techniques (“BAT”)
- 6Amendment of regulation 3 (interpretation: regulated activity)
- 7Amendment of regulation 4 (interpretation: radioactive substances activity)
- 8Amendment of regulation 5 (interpretation: authorised person)
- 9Amendment of regulation 6 (interpretation: technical schedule)
- 10Amendment of regulation 10 (general binding rules)
- 11Amendment of regulation 17 (form and content of a registration)
- 12Amendment of regulation 19 (variation of registrations)
- 13Amendment of regulation 22 (form and content of permits)
- 14Amendment of regulation 24 (review of permits)
- 15Amendment of regulation 28 (effect of transfer)
- 16Amendment of regulation 30 (surrender of registration or permit)
- 17Amendment of regulation 31 (revocation of permits and registrations)
- 18Amendment of regulation 33 (determining and revising standard conditions)
- 19Amendment of regulation 37 (power to require the provision of information)
- 20Amendment of regulation 38 (register)
- 21Amendment of regulation 41 (application for commercial confidentiality)
- 22Amendment of regulation 46 (regulatory notices)
- 23Amendment of regulation 51 (costs recovery notices)
- 24Amendment of regulation 52 (payment requirements for costs recovery notices)
- 25Amendment of regulation 54 (notices – general provisions)
- 26Amendment of regulation 55 (appeals to the Scottish Ministers)
- 27Amendment of regulation 57 (effect of notices etc. during consideration of appeal)
- 28Amendment of regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule)
- 29Amendment of regulation 60 (power of SEPA to impose authorisations)
- 30Amendment of regulation 62 (action by SEPA)
- 31Amendment of regulation 63 (accelerated applications)
- 32Amendment of regulation 64 (consolidation of permits and registrations)
- 33Amendment of regulation 67 (SEPA’s public participation statement)
- 34Amendment of regulation 69 (offences)
- 35Amendment of schedule 1 (registrations and permits: procedures)
- 36Amendment of schedule 2 (off-site conditions)
- 37Amendment of schedule 3 (register)
- 38Amendment of schedule 4 (provisions relating to appeals)
- 39Amendment of schedule 8 (radioactive substances activities)
- 40Amendment of schedule 9 (general binding rules)
- Part 3: Amendment of the 2013 Regulations
- 41Amendment of the 2013 Regulations
- Part 4: MISCELLANEOUS
- 42Repeals and revocations
- 43Consequential amendments
- 44Transitional and savings provisions
- Signature
- Schedule 1NEW SCHEDULE 10 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 2NEW SCHEDULE 11 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 3NEW SCHEDULE 12 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 4NEW SCHEDULE 13 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 5NEW SCHEDULE 14 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 6NEW SCHEDULE 15 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 7NEW SCHEDULE 16 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 8NEW SCHEDULE 17 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 9NEW SCHEDULE 18 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 10NEW SCHEDULE 19 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 11NEW SCHEDULE 20 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 12NEW SCHEDULE 21 TO BE ADDED INTO THE 2018 REGULATIONS
- Schedule 13NEW SCHEDULE 22 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 14NEW SCHEDULE 23 TO BE ADDED INTO THE 2018 REGULATIONS
- Schedule 15NEW SCHEDULE 24 TO BE ADDED INTO THE 2018 REGULATIONS
- Schedule 16NEW SCHEDULE 25 TO BE ADDED INTO THE 2018 REGULATIONS
- Schedule 17NEW SCHEDULE 26 TO BE INSERTED INTO THE 2018 REGULATIONS
- Schedule 18NEW SCHEDULE 27 TO BE INSERTED INTO THE REGULATIONS
- Schedule 19NEW SCHEDULE 28 TO BE INSERTED INTO THE REGULATIONS
- Schedule 20NEW SCHEDULE TO BE INSERTED INTO THE 2013 REGULATIONS
- Schedule 21: REPEALS AND REVOCATIONS
- Part 1: Repeals
- 1Paragraph 1
- Part 2: Revocations
- 2Paragraph 2
- Schedule 22: Consequential Amendments
- Part 1: Public general acts
- 1Sewerage (Scotland) Act 1968
- 2Environmental Protection Act 1990
- 3Planning and Compensation Act 1991
- 4Criminal Procedure (Scotland) Act 1995
- 5Environment Act 1995
- 6Goods Vehicles (Licensing of Operators) Act 1995
- 7Forth Crossing Act 2011
- 8Water Resources (Scotland) Act 2013
- Part 2: Subordinate legislation
- 9Environmental Protection (Prescribed Processes and Substances) Regulations 1991
- 10Controlled Waste Regulations 1992
- 11Conservation (Natural Habitats, &c.) Regulations 1994
- 12Landfill Tax Regulations 1996
- 13Special Waste Regulations 1996
- 14Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
- 15Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005
- 16Transfrontier Shipment of Waste Regulations 2007
- 17Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008
- 18Environmental Liability (Scotland) Regulations 2009
- 19Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011
- 20Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011
- 21Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
- 22Feed-in Tariffs Order 2012
- 23Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013
- 24Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014
- 25Environmental Protection (Duty of Care) (Scotland) Regulations 2014
- 26Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014
- 27Control of Major Accident Hazards Regulations 2015
- 28Environmental Regulation (Enforcement Measures) (Scotland) Order 2015
- 29Packaging (Essential Requirements) Regulations 2015
- 30Scottish Landfill Tax (Administration) Regulations 2015
- 31Scottish Landfill Tax (Exemption Certificates) Order 2015
- 32Network Rail (Glasgow Queen Street Station) Order 2017
- 33Renewable Heat Incentive Scheme Regulations 2018
- 34Green Gas Support Scheme Regulations 2021
- 35Regulation (EC) No. 1069/2009
- 36Commission Regulation (EU) No. 142/2011
- 37Regulation (EU) 2017/852
- 38Regulation (EU) 2019/1021
- Schedule 23: TRANSITIONAL AND SAVINGS PROVISIONS
- Part 1: General
- 1Interpretation
- Part 2: Water Activities
- 2Existing water use licences
- 3Existing water registrations
- 4Existing water registrations: CAR closed culvert registration activity
- 5Existing water registrations: pipe/cable crossing registration activity
- 6Existing water registrations: specified dates
- 7Existing water registration: period between relevant date and water sunset date
- 8Existing water registration: activity meeting the description of activity 16 in the table in Chapter 2 of Part 1 of schedule 9
- Part 3: Emissions Activities
- 9Existing Part A PPC permits
- 10Existing Part B PPC permits
- 11Existing solvents permits
- 12Existing Part B PPC permits and existing solvents permits: new registration activities
- 13Existing PPC permit: activities described in Part B(a), (c) or (d) of section 3.5 of Chapter 3 of schedule 1 of the 2012 Regulations
- 14Deemed Permits: limitation of power to revoke under regulation 31
- 15Other emissions activities: activities not previously subject to regulation
- 16Other emissions activities: medium combustion plants
- Part 4: Waste Activities
- 17Existing waste management licence
- 18Existing waste exemptions and existing complex waste exemptions
- 19Existing waste exemptions and existing complex waste exemptions: applications for authorisations under the 2018 Regulations
- 20Existing waste carrier registrations
- 21Existing PCTW registrations
- 22Existing broker and dealer registrations
- 23New waste carriers, brokers and dealers
- 24Existing waste carriers, brokers and dealers whose deemed registration expires between 1 November 2025 and 1 April 2026
- 25Applications for permits and registrations for waste to land activities
- Part 5: Continuity of Existing Proceedings
- 26Existing applications
- 27Existing applications: fit and proper person
- 28Waste management licensing exemptions and renewals
- 292012 Regulations: notifications of surrender, revocation or suspension
- Part 6: Specific Activities
- Chapter 1: Waste Activities
- 30Deemed condition(s): materials facilities
- Chapter 2: Industrial Emissions Activities
- 31Deemed conditions: incidents, accidents and non-compliance
- 32Deemed conditions: proposed change in operation
- 33Hazardous substances: baseline reports
- Chapter 3: Other Emissions Activities
- 34Medium combustion plants: deemed condition
- Chapter 4: Water Activities
- 35Transitional Provision: Activity 18 in the table in Chapter 2 of Part 1 of schedule 9 of the 2018 Regulations
- Explanatory note