The Environmental Authorisations (Scotland) Regulations 2018

Interpretation S

2.—(1) In these Regulations—

[F1 “the 2000 Commission Decision” means Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (notified under document number C(2000) 1147),]

[F1 “the 2013 Regulations” means the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013,]

[F1 “abstraction” means the doing of anything whereby any water is removed or diverted by mechanical means, pipe or any engineering structure or works from any part of the water environment, whether temporarily or permanently, including anything whereby the water is so removed or diverted for the purpose of being transferred to another part of the water environment, and includes—

(a)

the construction or extension of any well, borehole, water intake or other work by which water may be abstracted, and

(b)

the installation or modification of any machinery or apparatus by which additional quantities of water may be abstracted by means of a well, borehole, water intake or other work,]

[F1 “asbestos” includes any of the following fibrous silicates—

(a)

actinolite,

(b)

amosite,

(c)

anthophyllite,

(d)

chrysotile,

(e)

crocidolite,

(f)

tremolite,]

[F2 “assimilated law” has the same meaning as in section 6(7) of the European Union (Withdrawal) Act 2018]

“authorise”, in relation to regulated activities, means authorise the carrying on of the activities in accordance with a permit, subject to registration, subject to notification or subject to compliance with general binding rules; and related expressions are to be construed accordingly;

“authorised person” has the meaning given in regulation 5;

“authorised place” means the place at which a regulated activity is authorised, and may be a geographical area;

[F3 “broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste,]

[F3 “CEN” means the European Committee for Standardization (CEN),]

“charging scheme” means a charging scheme made in accordance with section 41 of the Environment Act 1995 M1 ;

[F4 “coastal water” means water (other than groundwater) within the area extending landward from the 3 mile limit up to the limit of the highest tide or, where appropriate, the seaward limits of any bodies of transitional water, but does not include any water beyond the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland,]

[F4 “co-incineration” means—

(a)

the use of waste as a regular or additional fuel in a co-incineration plant, or

(b)

the thermal treatment of waste for the purposes of disposal in a co-incineration plant,]

[F4 “coke” means a black material made from coal that is used as fuel for heating,]

[F4 “collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility,]

[F4 “combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated,]

“consolidated authorisation” has the meaning given in regulation 64(2);

[F5 “dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste,]

[F5 “disposal” in relation to waste, means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy and includes, but is not limited to, the activities listed in Annex I of the Waste Framework Directive,]

[F5 “electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current,]

“electronic communication” has the same meaning as given in section 15(1) of the Electronic Communications Act 2000 M2 ;

[F6 “emission” means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation or plant into air, water or land,]

[F6 “emission limit value” means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time,]

“enforcing officer” means a person authorised under section 108 of the Environment Act 1995 M3 and includes a person designated under paragraph 2 of schedule 18 of that Act;

F7 ...

[F8 “fish farm” has the meaning given by section 166 of the Marine (Scotland) Act 2010,

“fit and proper person” means a person SEPA considers to be a fit and proper person having regard to guidance published under regulation 66(1)(e),

“fuel” means any solid, liquid, or gaseous combustible material,]

“general binding rules” has the meaning given in regulation 10;

[F9 “groundwater” means water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil,]

[F9 “groundwater hazardous substances” means substances which have been identified by SEPA in accordance with regulation 24A of the 2013 Regulations,]

[F10 “harm to the Scottish marine area” means—

(a)

harm to the health of human beings or other living organisms,

(b)

harm to the quality of the Scottish marine area, including—

(i)

harm to the quality of the Scottish marine area taken as a whole,

(ii)

other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,

(c)

offence to the senses of human beings,

(d)

damage to property, or

(e)

impairment of, or interference with, amenities or other legitimate uses of the Scottish marine area,]

[F9 “harm to the water environment” means—

(a)

harm to the health of human beings or other living organisms,

(b)

harm to the quality of the water environment, including—

(i)

harm to the quality of the water environment taken as a whole,

(ii)

other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,

(c)

offence to the senses of human beings,

(d)

damage to property, or

(e)

impairment of, or interference with, amenities or other legitimate uses of the water environment,]

[F9 “hazardous substance” means a hazardous substance or mixture as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures,]

[F9 “hazardous waste” means waste that is—

(a)

listed as hazardous in the 2000 Commission Decision,

(b)

determined to be hazardous pursuant to regulation 2ZA of the Special Waste Regulations 1996, or

(c)

a specific batch of waste which is determined to be hazardous waste pursuant to regulation 2ZB of the Special Waste Regulations 1996,]

[F9 “ISO” means International Organization for Standardization (ISO),]

[F9 “impounding works” means in relation to surface water—

(a)

any dam, weir or other works by which water may be impounded,

(b)

any works diverting the flow of water in connection with the construction or alteration of any dam, weir or other works falling within sub-paragraph (a),]

[F9 “incineration” means the thermal treatment of waste with or without recovery of the combustion heat generated,]

[F9 “industrial emissions activity” has the meaning given in regulation 4 and schedule 19,]

“inland water” has the same meaning given in section 3(6) of the Water Environment and Water Services (Scotland) Act 2003 M4 ;

[F11 “land” includes land covered by waters where the land is above the low water mark of ordinary spring tides,]

[F11 “landfill” has the meaning given in paragraph 2 of schedule 13,]

[F11 “landfill activity” has the meaning given in paragraph 3 of schedule 13,]

[F11 “large combustion plant” has the meaning given in paragraph 1(2) of schedule 21,]

[F11 “loch” means a body of standing inland water,]

[F11 “municipal waste” means—

(a)

mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, biowaste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture,

(b)

mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households,

but does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities,]

[F11 “non-hazardous waste” means waste which is not hazardous waste,]

[F11 “operating a medium combustion plant” has the meaning given in paragraph 1 of schedule 27,]

[F11 “organic solvents emissions activity” has the meaning given in paragraph 2 of schedule 23,]

“non-consolidated authorisation” means, as appropriate, a permit or registration which is to be replaced or has been replaced with a consolidated permit or registration in accordance with regulation 64;

“off-site condition” means—

(a)

a condition to which a permit is subject; or

(b)

a step specified in a notice issued under these Regulations,

which requires a person to carry out works or do other things in relation to land outwith the ownership or control of that person;

[F12 “other emissions activity” has the meaning given in regulation 4 and schedule 26,]

“owner” means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive the rents of the land, or who would if the land were let be entitled to receive the rents, and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the person to whom management of the land is entrusted;

[F13 “petrol vapour recovery activity” has the meaning given in paragraph 2 of schedule 28,]

[F13 “pollution” means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health F14 ... or the quality of the environment, [F15 cause offence to any human sense,] result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment,]

“provision” means, in relation to a registration or permit, anything specified in a registration or permit, including as a requirement of regulations 17 and 22, which is not a condition or standard condition;

“publish” means publish on SEPA's website, unless otherwise indicated;

“radioactive substances activity” has the meaning given in regulation 4 and schedule 8;

[F16 “rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel expressed as megawatts thermal,]

[F16 “recovery” means, in relation to waste, any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy and includes, but is not limited to the activities listed in Annex II of the Waste Framework Directive,]

[F16 “recovery of waste by application to land for the purpose of soil improvement” has the meaning given in paragraphs 2 and 3 of schedule 18,]

[F16 “recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original purpose or for other purposes, including reprocessing of organic materials, but excluding energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations,]

“register” means the register maintained by SEPA under regulation 38;

“regulated activity” has the meaning given in regulation 3;

“regulatory notice” has the meaning given in regulation 46;

“relevant function” means a function of SEPA under these Regulations;

[F17 “reuse” means any operation by which products and components that are not waste are used again for the same purpose for which they were conceived,]

F18 ...

“revocation notice” has the meaning given in regulation 31;

[F19 “schedule 20 emissions activity” means an activity listed in Part 4 of schedule 20 where the installed capacity is at or above any applicable threshold in Part 4, whether or not the activity is carried on below the threshold,]

[F20 “Scottish marine area” has the meaning given by section 1 of the Marine (Scotland) Act 2010,]

“SEPA” means the Scottish Environment Protection Agency M5 ;

[F21 “sewer”, “public sewer”, “private sewer”, “sewage treatment works” and “sewage” have the meanings given in section 59(1) of the Sewerage (Scotland) Act 1968,]

[F21 “shellfish” includes crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish,]

“standard conditions” means conditions determined by SEPA under Part 7 of these Regulations and to which a permit or registration may be subject in accordance with regulation 17 or 22;

[F22 “storage” in relation to waste, includes keeping, managing or depositing waste,]

[F22 “substance” includes any chemical element and its compounds (including bacteria and other pathogens),]

[F22 “surface water” means inland water (other than groundwater), transitional water and coastal water,]

“surrender notice” means a notice issued under paragraph 14(2) of schedule 1;

“technical schedule” has the meaning given in regulation 6;

[F23 “the 3 mile limit” means the limit consisting of a line every point of which is at a distance of 3 miles on the seaward side from the nearest point of the baseline from which the breadth of the territorial sea of the United Kingdom adjacent to Scotland is measured, and “miles” means international nautical miles of 1,852 metres,]

[F23 “the water environment” means all surface water, groundwater and wetlands,]

[F23 “titanium dioxide activity” has the meaning given in paragraph 1 of schedule 24,]

[F23 “transitional water” means water (other than groundwater) in the vicinity of river mouths which partly saline in character as a result of its proximity to coastal water but which is substantially influenced by freshwater flows,]

[F23 “treatment” means in relation to waste, recovery or disposal operations, including preparation prior to recovery or disposal,]

[F24 “waste”, except where otherwise defined—

(a)

in relation to schedule 8 and Chapter 1 of schedule 9, means any substance or article which the holder discards or intends or is required to discard,

(b)

in any other case has the meaning given in section 75(2) of the Environmental Protection Act 1990 and read in accordance with section 75A of that Act,]

[F24 “waste oil” means any mineral or synthetic lubrication or industrial oil which have become unfit for the use for which it was originally intended, such as used combustion engine oil and gearbox oil, lubricating oil, oil for turbines and hydraulic oils,]

[F24 “waste prevention” means measures taken before a substance, materials or product has become waste, which reduce—

(a)

the quantity of waste, including through the re-use of products or the extension of the life span of products,

(b)

the adverse impacts of the generated waste on the environment and human health, or

(c)

the content of hazardous substances in materials and products,]

[F24 “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste,]

[F24 “waste electrical and electronic equipment” means electrical or electronic equipment which is waste, including all components, subassemblies and consumables which are part of the product at the time of discarding,]

[F24 “waste management activity” has the meaning given in regulation 4 and schedule 11,]

[F24 “water activity” has the meaning given in regulation 4 and schedule 10,]

[F24 “WEEE” means waste electrical and electronic equipment,]

[F24 “wetland” means an area of ground the ecological, chemical and hydrological characteristics of which are attributable to frequent inundation or saturation by water and which is directly dependent, with regard to its waters needs, on a body of groundwater or a body of surface water.]

(2) In these Regulations a reference to anything done in writing includes reference to an electronic communication as long as it is capable of being reproduced in written form.

Textual Amendments

F1 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(a) (with reg. 1(5), sch. 23)

F2 Words in reg. 2(1) inserted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 36(2)(a)

F3 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(b) (with reg. 1(5), sch. 23)

F4 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(c) (with reg. 1(5), sch. 23)

F5 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(d) (with reg. 1(5), sch. 23)

F6 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(e) (with reg. 1(5), sch. 23)

F7 Words in reg. 2(1) omitted (26.3.2026) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 3(a)(i)

F8 Words in reg. 2(1) inserted (26.3.2026) by The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 3(a)(ii)

F9 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(g) (with reg. 1(5), sch. 23)

F10 Words in reg. 2(1) inserted (26.3.2026) by The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 3(b)

F11 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(h) (with reg. 1(5), sch. 23)

F12 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(i) (with reg. 1(5), sch. 23)

F13 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(j) (with reg. 1(5), sch. 23)

F14 Words in reg. 2(1) omitted (26.3.2026) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 3(c)(i)

F15 Words in reg. 2(1) inserted (26.3.2026) by The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 3(c)(ii)

F16 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(k) (with reg. 1(5), sch. 23)

F17 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(l) (with reg. 1(5), sch. 23)

F18 Words in reg. 2(1) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 36(2)(b)

F19 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(m) (with reg. 1(5), sch. 23)

F20 Words in reg. 2(1) inserted (26.3.2026) by The Environmental Authorisations (Scotland) Amendment Regulations 2026 (S.S.I. 2026/55), regs. 1, 3(d)

F21 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(n) (with reg. 1(5), sch. 23)

F22 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(o) (with reg. 1(5), sch. 23)

F23 Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(p) (with reg. 1(5), sch. 23)

F24 Words in reg. 2(1) substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(q) (with reg. 1(5), sch. 23)

Marginal Citations

M1 1995 c.25. Section 41 is relevantly amended by (1) the Landfill (Scotland) Regulations 2003 (S.S.I. 2003/235) schedule 6, paragraph 1(2) the Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711) Part 9, regulation 46(1)(a)(3) the Flood and Water Management Act 2010 (2010 c.29) schedule 4, paragraph 39(4) the Persistent Organic Pollutants Regulations 2007 (S.I. 2007/3106) regulation 9(1)(a)(5) the Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711) Part 9, regulation 46(1)(b)(6) the Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861) regulation 22(7) the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 (S.I. 2008/3087) Part 3, regulation 17(1)(a)(8) the Persistent Organic Pollutants Regulations 2007 (S.I. 2007/3106) regulation 9(1)(b)(8) the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 (S.I. 2008/3087) Part 3, regulation 17(1)(b)(9) the Climate Change (Scotland) Act 2009 (2009 asp 12) schedule 2, paragraph 2(10) the Waste Batteries and Accumulators Regulations 2009 (S.I. 2009/890) schedule 8, paragraph 1(2)(11) the Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. 2011/2911) schedule 1, paragraph 22(a)(12) the Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788) Part 2, regulation 4(a)(13) the Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043) Part 2, article 6(1)(a) and (14) the British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659) schedule 3, Part 1, paragraph 13.

M2 2000 c.7. Section 15(1) is amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c.21).

M3 1995 c.25. Section 108 is amended by regulation 81, and paragraph 3 of Part 1 of schedule 7 of these Regulations in accordance with powers conferred by section 58(1) and (2) of the Regulatory Reform (Scotland) Act 2014 (2014 asp 3).

M4 2003 asp 3.

M5 SEPA is established by section 20 of the Environment Act 1995 (c.25).