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The Environmental Authorisations (Scotland) Amendment Regulations 2025

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Draft Legislation:

This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument.

  1. Introductory Text

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    PART 1 General

    1. 1.Citation and commencement

    2. 2.Interpretation

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    PART 2 Amendment of the 2018 Regulations

    1. 3.Amendment of the 2018 Regulations

    2. 4.Amendment of regulation 2(1) (interpretation)

    3. 5.New regulation 2A (interpretation: best available techniques (“BAT”)

    4. 6.Amendment of regulation 3 (interpretation: regulated activity)

    5. 7.Amendment of regulation 4 (interpretation: radioactive substances activity)

    6. 8.Amendment of regulation 5 (interpretation: authorised person)

    7. 9.Amendment of regulation 6 (interpretation: technical schedule)

    8. 10.Amendment of regulation 10 (general binding rules)

    9. 11.Amendment of regulation 17 (form and content of a registration)

    10. 12.Amendment of regulation 19 (variation of registrations)

    11. 13.Amendment of regulation 22 (form and content of permits)

    12. 14.Amendment of regulation 24 (review of permits)

    13. 15.Amendment of regulation 28 (effect of transfer)

    14. 16.Amendment of regulation 30 (surrender of registration or permit)

    15. 17.Amendment of regulation 31 (revocation of permits and registrations)

    16. 18.Amendment of regulation 33 (determining and revising standard conditions)

    17. 19.Amendment of regulation 37 (power to require the provision of information)

    18. 20.Amendment of regulation 38 (register)

    19. 21.Amendment of regulation 41 (application for commercial confidentiality)

    20. 22.Amendment of regulation 46 (regulatory notices)

    21. 23.Amendment of regulation 51 (costs recovery notices)

    22. 24.Amendment of regulation 52 (payment requirements for costs recovery notices)

    23. 25.Amendment of regulation 54 (notices – general provisions)

    24. 26.Amendment of regulation 55 (appeals to the Scottish Ministers)

    25. 27.Amendment of regulation 57 (effect of notices etc. during consideration of appeal)

    26. 28.Amendment of regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule)

    27. 29.Amendment of regulation 60 (power of SEPA to impose authorisations)

    28. 30.Amendment of regulation 62 (action by SEPA)

    29. 31.Amendment of regulation 63 (accelerated applications)

    30. 32.Amendment of regulation 64 (consolidation of permits and registrations)

    31. 33.Amendment of regulation 67 (SEPA’s public participation statement)

    32. 34.Amendment of regulation 69 (offences)

    33. 35.Amendment of schedule 1 (registrations and permits: procedures)

    34. 36.Amendment of schedule 2 (off-site conditions)

    35. 37.Amendment of schedule 3 (register)

    36. 38.Amendment of schedule 4 (provisions relating to appeals)

    37. 39.Amendment of schedule 8 (radioactive substances activities)

    38. 40.Amendment of schedule 9 (general binding rules)

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    PART 3 Amendment of the 2013 Regulations

    1. 41.Amendment of the 2013 Regulations

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    PART 4 MISCELLANEOUS

    1. 42.Repeals and revocations

    2. 43.Consequential amendments

    3. 44.Transitional and savings provisions

  6. Signature

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      SCHEDULE 1

      NEW SCHEDULE 10 TO BE INSERTED INTO THE 2018 REGULATIONS

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      SCHEDULE 2

      NEW SCHEDULE 11 TO BE INSERTED INTO THE 2018 REGULATIONS

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      SCHEDULE 3

      NEW SCHEDULE 12 TO BE INSERTED INTO THE 2018 REGULATIONS

    4. Expand +/Collapse -

      SCHEDULE 4

      NEW SCHEDULE 13 TO BE INSERTED INTO THE 2018 REGULATIONS

    5. Expand +/Collapse -

      SCHEDULE 5

      NEW SCHEDULE 14 TO BE INSERTED INTO THE 2018 REGULATIONS

    6. Expand +/Collapse -

      SCHEDULE 6

      NEW SCHEDULE 15 TO BE INSERTED INTO THE 2018 REGULATIONS

    7. Expand +/Collapse -

      SCHEDULE 7

      NEW SCHEDULE 16 TO BE INSERTED INTO THE 2018 REGULATIONS

    8. Expand +/Collapse -

      SCHEDULE 8

      NEW SCHEDULE 17 TO BE INSERTED INTO THE 2018 REGULATIONS

    9. Expand +/Collapse -

      SCHEDULE 9

      NEW SCHEDULE 18 TO BE INSERTED INTO THE 2018 REGULATIONS

    10. Expand +/Collapse -

      SCHEDULE 10

      NEW SCHEDULE 19 TO BE INSERTED INTO THE 2018 REGULATIONS

    11. Expand +/Collapse -

      SCHEDULE 11

      NEW SCHEDULE 20 TO BE INSERTED INTO THE 2018 REGULATIONS

    12. Expand +/Collapse -

      SCHEDULE 12

      NEW SCHEDULE 21 TO BE ADDED INTO THE 2018 REGULATIONS

    13. Expand +/Collapse -

      SCHEDULE 13

      NEW SCHEDULE 22 TO BE INSERTED INTO THE 2018 REGULATIONS

    14. Expand +/Collapse -

      SCHEDULE 14

      NEW SCHEDULE 23 TO BE ADDED INTO THE 2018 REGULATIONS

    15. Expand +/Collapse -

      SCHEDULE 15

      NEW SCHEDULE 24 TO BE ADDED INTO THE 2018 REGULATIONS

    16. Expand +/Collapse -

      SCHEDULE 16

      NEW SCHEDULE 25 TO BE ADDED INTO THE 2018 REGULATIONS

    17. Expand +/Collapse -

      SCHEDULE 17

      NEW SCHEDULE 26 TO BE INSERTED INTO THE 2018 REGULATIONS

    18. Expand +/Collapse -

      SCHEDULE 18

      NEW SCHEDULE 27 TO BE INSERTED INTO THE REGULATIONS

    19. Expand +/Collapse -

      SCHEDULE 19

      NEW SCHEDULE 28 TO BE INSERTED INTO THE REGULATIONS

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      SCHEDULE 20

      NEW SCHEDULE TO BE INSERTED INTO THE 2013 REGULATIONS

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      SCHEDULE 21

      REPEALS AND REVOCATIONS

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        PART 1 Repeals

        1. 1.The enactments listed in column 1 of the Table are...

      2. Expand +/Collapse -

        PART 2 Revocations

        1. 2.The enactments listed in column 1 of the Table are...

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      SCHEDULE 22

      Consequential Amendments

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        PART 1 Public general acts

        1. 1.Sewerage (Scotland) Act 1968

        2. 2.Environmental Protection Act 1990

        3. 3.Planning and Compensation Act 1991

        4. 4.Criminal Procedure (Scotland) Act 1995

        5. 5.Environment Act 1995

        6. 6.Goods Vehicles (Licensing of Operators) Act 1995

        7. 7.Forth Crossing Act 2011

        8. 8.Water Resources (Scotland) Act 2013

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        PART 2 Subordinate legislation

        1. 9.Environmental Protection (Prescribed Processes and Substances) Regulations 1991

        2. 10.Controlled Waste Regulations 1992

        3. 11.Conservation (Natural Habitats, &c.) Regulations 1994

        4. 12.Landfill Tax Regulations 1996

        5. 13.Special Waste Regulations 1996

        6. 14.Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004

        7. 15.Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005

        8. 16.Transfrontier Shipment of Waste Regulations 2007

        9. 17.Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008

        10. 18.Environmental Liability (Scotland) Regulations 2009

        11. 19.Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

        12. 20.Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011

        13. 21.Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012

        14. 22.Feed-in Tariffs Order 2012

        15. 23.Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013

        16. 24.Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014

        17. 25.Environmental Protection (Duty of Care) (Scotland) Regulations 2014

        18. 26.Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014

        19. 27.Control of Major Accident Hazards Regulations 2015

        20. 28.Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

        21. 29.Packaging (Essential Requirements) Regulations 2015

        22. 30.Scottish Landfill Tax (Administration) Regulations 2015

        23. 31.Scottish Landfill Tax (Exemption Certificates) Order 2015

        24. 32.Network Rail (Glasgow Queen Street Station) Order 2017

        25. 33.Renewable Heat Incentive Scheme Regulations 2018

        26. 34.Green Gas Support Scheme Regulations 2021

        27. 35.Regulation (EC) No. 1069/2009

        28. 36.Commission Regulation (EU) No. 142/2011

        29. 37.Regulation (EU) 2017/852

        30. 38.Regulation (EU) 2019/1021

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      SCHEDULE 23

      TRANSITIONAL AND SAVINGS PROVISIONS

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        PART 1 General

        1. 1.Interpretation

      2. Expand +/Collapse -

        PART 2 Water Activities

        1. 2.Existing water use licences

        2. 3.Existing water registrations

        3. 4.Existing water registrations: CAR closed culvert registration activity

        4. 5.Existing water registrations: pipe/cable crossing registration activity

        5. 6.Existing water registrations: specified dates

        6. 7.Existing water registration: period between relevant date and water sunset date

        7. 8.Existing water registration: activity meeting the description of activity 16 in the table in Chapter 2 of Part 1 of schedule 9

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        PART 3 Emissions Activities

        1. 9.Existing Part A PPC permits

        2. 10.Existing Part B PPC permits

        3. 11.Existing solvents permits

        4. 12.Existing Part B PPC permits and existing solvents permits: new registration activities

        5. 13.Existing 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

        6. 14.Deemed Permits: limitation of power to revoke under regulation 31

        7. 15.Other emissions activities: activities not previously subject to regulation

        8. 16.Other emissions activities: medium combustion plants

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        PART 4 Waste Activities

        1. 17.Existing waste management licence

        2. 18.Existing waste exemptions and existing complex waste exemptions

        3. 19.Existing waste exemptions and existing complex waste exemptions: applications for authorisations under the 2018 Regulations

        4. 20.Existing waste carrier registrations

        5. 21.Existing PCTW registrations

        6. 22.Existing broker and dealer registrations

        7. 23.New waste carriers, brokers and dealers

        8. 24.Existing waste carriers, brokers and dealers whose deemed registration expires between 1 November 2025 and 1 April 2026

        9. 25.Applications for permits and registrations for waste to land activities

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        PART 5 Continuity of Existing Proceedings

        1. 26.Existing applications

        2. 27.Existing applications: fit and proper person

        3. 28.Waste management licensing exemptions and renewals

        4. 29.2012 Regulations: notifications of surrender, revocation or suspension

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        PART 6 Specific Activities

        1. CHAPTER 1 Waste Activities

          1. 30.Deemed condition(s): materials facilities

        2. CHAPTER 2 Industrial Emissions Activities

          1. 31.Deemed conditions: incidents, accidents and non-compliance

          2. 32.Deemed conditions: proposed change in operation

          3. 33.Hazardous substances: baseline reports

        3. CHAPTER 3 Other Emissions Activities

          1. 34.Medium combustion plants: deemed condition

  8. Explanatory Note

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