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The Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014
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Changes over time for: The Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014
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The Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014 is up to date with all changes known to be in force on or before 12 September 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
- Sch. para. 2A inserted by S.S.I. 2026/240 reg. 12(2)(b)
- Sch. para. 1 words substituted by S.S.I. 2026/240 reg. 12(2)(a)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. para. 2A inserted by S.S.I. 2026/240 reg. 12(2)(b)
Scottish Statutory Instruments
2014 No. 324
Environmental Protection
The Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014
Made
19th November 2014
Laid before the Scottish Parliament
21st November 2014
Coming into force
31st December 2014
The Scottish Ministers make the following Order in exercise of the powers conferred by section 40(6)(c) of the Regulatory Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.
Citation and commencementS
1. This Order may be cited as the Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014 and comes into force on 31st December 2014.
Specified enactmentsS
2. The enactments specified in the Schedule are specified for the purposes of section 40 of the Regulatory Reform (Scotland) Act 2014.
PAUL WHEELHOUSE
Authorised to sign by Scottish Ministers
St Andrew’s House,
Edinburgh
19th November 2014
Article 2
SCHEDULESSpecified enactments
1. Sections 23 to 26A of the Hill Farming Act 1946 (muirburn)(2).S
Commencement Information
I3Sch. para. 1 in force at 31.12.2014, see art. 1
2. Section 16 of the Wildlife and Countryside Act 1981 (power to grant licences)(3).S
Commencement Information
I4Sch. para. 2 in force at 31.12.2014, see art. 1
3. The Nuclear Installations Act 1965(4).S
Commencement Information
I5Sch. para. 3 in force at 31.12.2014, see art. 1
4. Part II of the Food and Environment Protection Act 1985 (deposits in the sea)(5).S
Commencement Information
I6Sch. para. 4 in force at 31.12.2014, see art. 1
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F1Sch. 1 para. 5 revoked (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F2Sch. 1 para. 6 revoked (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F3Sch. para. 7 omitted (1.9.2018) by virtue of The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 13(2)(a) (with reg. 78, sch. 5 para. 2)
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F4Sch. para. 8 omitted (1.3.2019) by virtue of The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (S.I. 2019/42), reg. 1(1), Sch. para. 5(a) (with regs. 2, 5)
9. The Offshore Chemicals Regulations 2002(6).S
Commencement Information
I7Sch. para. 9 in force at 31.12.2014, see art. 1
F510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F5Sch. 1 para. 10 revoked (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)
11. The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005(7).S
Commencement Information
I8Sch. para. 11 in force at 31.12.2014, see art. 1
[F612. The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020.S
Textual Amendments
F6Sch. paras. 12, 12a substituted for Sch. para. 12 (22.7.2020) by The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020 (S.I. 2020/620), reg. 1(2), Sch. 1 para. 4
12a. The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020.]S
Textual Amendments
F6Sch. paras. 12, 12a substituted for Sch. para. 12 (22.7.2020) by The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020 (S.I. 2020/620), reg. 1(2), Sch. 1 para. 4
13. Part IV of the Marine (Scotland) Act 2010 (marine licensing)(8).S
Commencement Information
I9Sch. para. 13 in force at 31.12.2014, see art. 1
F714. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F7Sch. para. 14 omitted (1.9.2018) by virtue of The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 13(2)(b) (with reg. 78, sch. 5 para. 2)
15. The Water Environment (Controlled Activities) (Scotland) Regulations 2011(9).S
Commencement Information
I10Sch. para. 15 in force at 31.12.2014, see art. 1
F816. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F8Sch. 1 para. 16 revoked (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)
F917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F9Sch. 1 para. 17 revoked (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)
18. The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013(10).S
Commencement Information
I11Sch. para. 18 in force at 31.12.2014, see art. 1
[F1019. The Environmental Authorisations (Scotland) Regulations 2018.]S
Textual Amendments
F10Sch. para. 19 inserted (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 13(3) (with reg. 78, sch. 5 para. 2)
[F1120. The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019.]S
Textual Amendments
F11Sch. para. 20 inserted (1.3.2019) by The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (S.I. 2019/42), reg. 1(1), Sch. para. 5(b) (with regs. 2, 5)
EXPLANATORY NOTE
(This note is not part of the Order)
This Order specifies enactments under section 40(6)(c) of the Regulatory Reform (Scotland) Act 2014 (“the Act”).
Section 40(1) of the Act creates offences relating to causing significant environmental harm. Section 40(6) of the Act provides the Scottish Ministers with a power to specify enactments for the purposes of a defence to section 40(1).
The effect of this Order is that it will be a defence for a person charged with an offence under section 40(1) of the Act to show that the acts or failures alleged to constitute the offence were authorised by, or otherwise carried out in accordance with, an enactment specified in the Schedule to this Order. The enactments in the Schedule cover a range of environmental authorisations, registrations, permits or exemptions with which a person may be able to show compliance. These include:
Landfill permits
Offshore chemical permits
Discharge permits
Part A and Part B pollution prevention and control permits
Waste management licences
Registrations relating to use of radioactive material and mobile radioactive apparatus
Authorisations of disposal and accumulation of radioactive waste
Exemptions under the Radioactive Substances Exemptions (Scotland) Order 2011
Waste management exemptions under regulation 17 of the Waste Management Licensing (Scotland) Regulations 2011
Authorisations under the Water Environment (Controlled Activities) (Scotland) Regulations 2011, including the general binding rules.
Licences for deposits in the sea
Nuclear site licences
Discharges in compliance with the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 and Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008
Species licences under section 16 of the Wildlife and Countryside Act 1981
Muirburn licences
(1)
(2)
1946 c.73; sections 23 to 26A were relevantly amended by section 58 of the Climate Change (Scotland) Act 2009 (asp 12) and section 34 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).
(3)
1981 c.69; section 16 was relevantly amended by sections 4(4), 9, 13(4), 17(2) and 18(2) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) and S.I. 1995/2825.
(4)
(5)
(6)
S.I. 2002/1355, to which there are amendments not relevant to this Order.
(7)
S.I. 2005/2055, to which there are amendments not relevant to this Order.
(8)
(9)
S.S.I. 2011/209, to which there are amendments not relevant to this Order.
(10)
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