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The Environmental Authorisations (Scotland) Amendment Regulations 2025

S.S.I. 2025/165 · Made 27 May 2025 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 26 March 2026.

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

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Amendment of the 2018 Regulations
  5. 3Amendment of the 2018 Regulations
  6. 4Amendment of regulation 2(1) (interpretation)
  7. 5New regulation 2A (interpretation: best available techniques (“BAT”)
  8. 6Amendment of regulation 3 (interpretation: regulated activity)
  9. 7Amendment of regulation 4 (interpretation: radioactive substances activity)
  10. 8Amendment of regulation 5 (interpretation: authorised person)
  11. 9Amendment of regulation 6 (interpretation: technical schedule)
  12. 10Amendment of regulation 10 (general binding rules)
  13. 11Amendment of regulation 17 (form and content of a registration)
  14. 12Amendment of regulation 19 (variation of registrations)
  15. 13Amendment of regulation 22 (form and content of permits)
  16. 14Amendment of regulation 24 (review of permits)
  17. 15Amendment of regulation 28 (effect of transfer)
  18. 16Amendment of regulation 30 (surrender of registration or permit)
  19. 17Amendment of regulation 31 (revocation of permits and registrations)
  20. 18Amendment of regulation 33 (determining and revising standard conditions)
  21. 19Amendment of regulation 37 (power to require the provision of information)
  22. 20Amendment of regulation 38 (register)
  23. 21Amendment of regulation 41 (application for commercial confidentiality)
  24. 22Amendment of regulation 46 (regulatory notices)
  25. 23Amendment of regulation 51 (costs recovery notices)
  26. 24Amendment of regulation 52 (payment requirements for costs recovery notices)
  27. 25Amendment of regulation 54 (notices – general provisions)
  28. 26Amendment of regulation 55 (appeals to the Scottish Ministers)
  29. 27Amendment of regulation 57 (effect of notices etc. during consideration of appeal)
  30. 28Amendment of regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule)
  31. 29Amendment of regulation 60 (power of SEPA to impose authorisations)
  32. 30Amendment of regulation 62 (action by SEPA)
  33. 31Amendment of regulation 63 (accelerated applications)
  34. 32Amendment of regulation 64 (consolidation of permits and registrations)
  35. 33Amendment of regulation 67 (SEPA’s public participation statement)
  36. 34Amendment of regulation 69 (offences)
  37. 35Amendment of schedule 1 (registrations and permits: procedures)
  38. 36Amendment of schedule 2 (off-site conditions)
  39. 37Amendment of schedule 3 (register)
  40. 38Amendment of schedule 4 (provisions relating to appeals)
  41. 39Amendment of schedule 8 (radioactive substances activities)
  42. 40Amendment of schedule 9 (general binding rules)
  43. Part 3: Amendment of the 2013 Regulations
  44. 41Amendment of the 2013 Regulations
  45. Part 4: MISCELLANEOUS
  46. 42Repeals and revocations
  47. 43Consequential amendments
  48. 44Transitional and savings provisions
  49. Signature
  50. Schedule 1NEW SCHEDULE 10 TO BE INSERTED INTO THE 2018 REGULATIONS
  51. Schedule 2NEW SCHEDULE 11 TO BE INSERTED INTO THE 2018 REGULATIONS
  52. Schedule 3NEW SCHEDULE 12 TO BE INSERTED INTO THE 2018 REGULATIONS
  53. Schedule 4NEW SCHEDULE 13 TO BE INSERTED INTO THE 2018 REGULATIONS
  54. Schedule 5NEW SCHEDULE 14 TO BE INSERTED INTO THE 2018 REGULATIONS
  55. Schedule 6NEW SCHEDULE 15 TO BE INSERTED INTO THE 2018 REGULATIONS
  56. Schedule 7NEW SCHEDULE 16 TO BE INSERTED INTO THE 2018 REGULATIONS
  57. Schedule 8NEW SCHEDULE 17 TO BE INSERTED INTO THE 2018 REGULATIONS
  58. Schedule 9NEW SCHEDULE 18 TO BE INSERTED INTO THE 2018 REGULATIONS
  59. Schedule 10NEW SCHEDULE 19 TO BE INSERTED INTO THE 2018 REGULATIONS
  60. Schedule 11NEW SCHEDULE 20 TO BE INSERTED INTO THE 2018 REGULATIONS
  61. Schedule 12NEW SCHEDULE 21 TO BE ADDED INTO THE 2018 REGULATIONS
  62. Schedule 13NEW SCHEDULE 22 TO BE INSERTED INTO THE 2018 REGULATIONS
  63. Schedule 14NEW SCHEDULE 23 TO BE ADDED INTO THE 2018 REGULATIONS
  64. Schedule 15NEW SCHEDULE 24 TO BE ADDED INTO THE 2018 REGULATIONS
  65. Schedule 16NEW SCHEDULE 25 TO BE ADDED INTO THE 2018 REGULATIONS
  66. Schedule 17NEW SCHEDULE 26 TO BE INSERTED INTO THE 2018 REGULATIONS
  67. Schedule 18NEW SCHEDULE 27 TO BE INSERTED INTO THE REGULATIONS
  68. Schedule 19NEW SCHEDULE 28 TO BE INSERTED INTO THE REGULATIONS
  69. Schedule 20NEW SCHEDULE TO BE INSERTED INTO THE 2013 REGULATIONS
  70. Schedule 21: REPEALS AND REVOCATIONS
  71. Part 1: Repeals
  72. 1Paragraph 1
  73. Part 2: Revocations
  74. 2Paragraph 2
  75. Schedule 22: Consequential Amendments
  76. Part 1: Public general acts
  77. 1Sewerage (Scotland) Act 1968
  78. 2Environmental Protection Act 1990
  79. 3Planning and Compensation Act 1991
  80. 4Criminal Procedure (Scotland) Act 1995
  81. 5Environment Act 1995
  82. 6Goods Vehicles (Licensing of Operators) Act 1995
  83. 7Forth Crossing Act 2011
  84. 8Water Resources (Scotland) Act 2013
  85. Part 2: Subordinate legislation
  86. 9Environmental Protection (Prescribed Processes and Substances) Regulations 1991
  87. 10Controlled Waste Regulations 1992
  88. 11Conservation (Natural Habitats, &c.) Regulations 1994
  89. 12Landfill Tax Regulations 1996
  90. 13Special Waste Regulations 1996
  91. 14Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
  92. 15Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005
  93. 16Transfrontier Shipment of Waste Regulations 2007
  94. 17Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008
  95. 18Environmental Liability (Scotland) Regulations 2009
  96. 19Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011
  97. 20Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011
  98. 21Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
  99. 22Feed-in Tariffs Order 2012
  100. 23Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013
  101. 24Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014
  102. 25Environmental Protection (Duty of Care) (Scotland) Regulations 2014
  103. 26Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014
  104. 27Control of Major Accident Hazards Regulations 2015
  105. 28Environmental Regulation (Enforcement Measures) (Scotland) Order 2015
  106. 29Packaging (Essential Requirements) Regulations 2015
  107. 30Scottish Landfill Tax (Administration) Regulations 2015
  108. 31Scottish Landfill Tax (Exemption Certificates) Order 2015
  109. 32Network Rail (Glasgow Queen Street Station) Order 2017
  110. 33Renewable Heat Incentive Scheme Regulations 2018
  111. 34Green Gas Support Scheme Regulations 2021
  112. 35Regulation (EC) No. 1069/2009
  113. 36Commission Regulation (EU) No. 142/2011
  114. 37Regulation (EU) 2017/852
  115. 38Regulation (EU) 2019/1021
  116. Schedule 23: TRANSITIONAL AND SAVINGS PROVISIONS
  117. Part 1: General
  118. 1Interpretation
  119. Part 2: Water Activities
  120. 2Existing water use licences
  121. 3Existing water registrations
  122. 4Existing water registrations: CAR closed culvert registration activity
  123. 5Existing water registrations: pipe/cable crossing registration activity
  124. 6Existing water registrations: specified dates
  125. 7Existing water registration: period between relevant date and water sunset date
  126. 8Existing water registration: activity meeting the description of activity 16 in the table in Chapter 2 of Part 1 of schedule 9
  127. Part 3: Emissions Activities
  128. 9Existing Part A PPC permits
  129. 10Existing Part B PPC permits
  130. 11Existing solvents permits
  131. 12Existing Part B PPC permits and existing solvents permits: new registration activities
  132. 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
  133. 14Deemed Permits: limitation of power to revoke under regulation 31
  134. 15Other emissions activities: activities not previously subject to regulation
  135. 16Other emissions activities: medium combustion plants
  136. Part 4: Waste Activities
  137. 17Existing waste management licence
  138. 18Existing waste exemptions and existing complex waste exemptions
  139. 19Existing waste exemptions and existing complex waste exemptions: applications for authorisations under the 2018 Regulations
  140. 20Existing waste carrier registrations
  141. 21Existing PCTW registrations
  142. 22Existing broker and dealer registrations
  143. 23New waste carriers, brokers and dealers
  144. 24Existing waste carriers, brokers and dealers whose deemed registration expires between 1 November 2025 and 1 April 2026
  145. 25Applications for permits and registrations for waste to land activities
  146. Part 5: Continuity of Existing Proceedings
  147. 26Existing applications
  148. 27Existing applications: fit and proper person
  149. 28Waste management licensing exemptions and renewals
  150. 292012 Regulations: notifications of surrender, revocation or suspension
  151. Part 6: Specific Activities
  152. Chapter 1: Waste Activities
  153. 30Deemed condition(s): materials facilities
  154. Chapter 2: Industrial Emissions Activities
  155. 31Deemed conditions: incidents, accidents and non-compliance
  156. 32Deemed conditions: proposed change in operation
  157. 33Hazardous substances: baseline reports
  158. Chapter 3: Other Emissions Activities
  159. 34Medium combustion plants: deemed condition
  160. Chapter 4: Water Activities
  161. 35Transitional Provision: Activity 18 in the table in Chapter 2 of Part 1 of schedule 9 of the 2018 Regulations
  162. Explanatory note