The Environmental Authorisations (Scotland) Amendment Regulations 2025

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 43

SCHEDULE 22Consequential Amendments

This schedule has no associated Policy Notes

PART 1Public general acts

Sewerage (Scotland) Act 1968

1.—(1) The Sewerage (Scotland) Act 1968(1) is amended in accordance with sub-paragraphs (2) to (5).

(2) In section 29A(1) (priority substances etc)(2), for the definition of “pollutant” substitute—

““pollutant” has the meaning given in regulation 2(1) of the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013(3),”.

(3) In section 38A (application of part) and section 38C (common maintenance)(4), for “Controlled Activities Regulations” wherever it appears, substitute, “2018 Regulations”.

(4) For the title to section 38H, substitute—

“2018 Regulations”,

(5) In section 38H (controlled activities regulations)(5)—

(a)for “Controlled Activities Regulations” wherever it appears, substitute, “2018 Regulations”,

(b)in subsection (1)(a), for “Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)” substitute, “Environmental Authorisations (Scotland) Regulations 2018(6),”,

(c)in subsection (3)(b), for “section 20 of the Water Environment and Water Services (Scotland) Act 2003”, substitute “section 18 of the Regulatory Reform (Scotland) Act 2014(7)”.

Environmental Protection Act 1990

2.—(1) The Environmental Protection Act 1990(8) is amended in accordance with sub-paragraphs (2) to (7).

(2) In section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.)(9)—

(a)for “a waste management licence” in each place where it appears, substitute “an authorisation under the Environmental Authorisations (Scotland) Regulations 2018(10)”,

(b)in sub-section (1)(a), for “the licence” substitute “the authorisation”,

(c)in sub-section (4), for “waste management licences” substitute “authorisations under the Environmental Authorisations (Scotland) Regulations 2018(11)”.

(3) In section 34 (duty of care etc. as respects waste)(12)—

(a)in sub-section (1)(aa) for “regulation 11 of the Pollution Prevention And Control (Scotland) Regulations 2012, or of a condition of a permit granted under those Regulations”, substitute “regulation 7 of the Environmental Authorisations (Scotland) Regulations 2018(13), or of a condition of an authorisation granted under those Regulations”,

(b)in sub-section (1)(c)(ii) for “or any condition of a permit granted under regulation 7 of those Regulations” substitute “or regulation 7 of the Environmental Authorisations (Scotland) Regulations 2018(14), or of a condition of an authorisation granted under those Regulations”,

(c)in sub-section (3)—

(i)for paragraph (b) substitute—

“(b)any authorised person in respect of an authorisation under the Environmental Authorisations (Scotland) Regulations 2018(15), authorising waste management activities (excluding the transport of waste),”,

(ii)for paragraph (d), substitute—

“(d)any authorised person in respect of a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018, authorising the transport of another person’s waste.”,

(iii)omit paragraph (e).

(4) In section 62(2)(f) (special provision with respect to certain dangerous or intractable waste), for “under section 64(1) below”, substitute “under regulation 38 of the Environmental Authorisations (Scotland) Regulations 2018(16)”.

(5) In section 78A (preliminary)(17), for subsection (4A) substitute—

“(4A) “Harm”, in relation 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)offences 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.”,

(6) In section 78YB (interaction of this part with other enactments)(18)—

(a)for subsection (1A)(a), substitute—

“(a)the significant harm (if any), or the significant harm to the water environment (if any), by reason of which the contaminated land in question is such land, is as a result of any activity to which the Environmental Authorisations (Scotland) Regulations 2018 (“the 2018 Regulations”)(19) apply, and”.

(b)for subsection (1A)(b), substitute—

“(b)one or more of the following sub-paragraphs apply—

(i)the activity is authorised under the 2018 Regulations,

(ii)the Scottish Environment Protection Agency has served, or has advised the enforcing authority that it intends to serve, either a notice under regulation 31 (revocation notice), regulation 46(2) (regulatory notice), or paragraph 14(2) of schedule 1 (surrender notice of the 2018 Regulations requiring steps to be taken to prevent, mitigate or remedy the harm referred to in sub-paragraph (a)),

(iii)the Scottish Environment Protection Agency has taken, is taking or has advised the enforcing authority that it intends to take, steps to prevent, mitigate or remedy the harm in question (or has secured, is securing, or has advised the enforcing authority that it intends to secure, the taking of such steps) under regulation 62 (action by SEPA) of the 2018 Regulations,

(iv)an order has been made under regulation 75 (powers of the court to order offence to be remedied) of the 2018 Regulations requiring steps to be taken to remedy or mitigate the harm.”.

(c)omit subsections (2), (2A), (2B), (2C) and (4).

Planning and Compensation Act 1991

3. In schedule 18 (compensation provisions referred to in section 80) of the Planning and Compensation Act 1991(20), in Part 1, omit the entries in the table relating to the Environmental Protection Act 1990.

Criminal Procedure (Scotland) Act 1995

4. In schedule 9 (certificates as to proof of certain routine matters) of the Criminal Procedure (Scotland) Act 1995(21), omit the entries in the table relating to the Control of Pollution (Amendment) Act 1989 and the Water Environment (Controlled Activities) (Scotland) Regulations 2011.

Environment Act 1995

5.—(1) The Environment Act 1995(22) is amended in accordance with sub-paragraphs (2) to (6).

(2) In section 41(2) (power to make schemes imposing charges), after paragraph (g), insert—

“(h)the review of an environmental licence,

(i)the consolidation of environmental licences,

(j)an application for commercial confidentiality in respect of an environmental licence.”.

(3) In section 56(1) (interpretation of part 1)(23), in the definition of “environmental licence”, in the application of Part 1 in relation to SEPA, omit sub-paragraphs (aa), (b), (d), (h), (j) and (ja).

(4) In section 108(15) (powers of enforcing authorities and persons authorised by them)—

(a)after the definition of “mobile plant”, insert—

““pollution” in relation to the water environment, means the direct or indirect introduction, as a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm, and “harm” 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,”,

(b)in the definition of “pollution control functions”, after sub-paragraph (n), insert—

“(o)in relation to SEPA, the Water Environment and Water Services (Scotland) Act 2003(24) or regulations made under that Act,

(p)in relation to SEPA, the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003(25), the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(26) and the Water Environment (Remedial Measures) (Scotland) Regulations 2016(27) as those regulations may be amended from time to time,”.

(5) In section 114(2)(a) (power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals)(28)—

(a)omit sub-paragraphs (ii), (vii) and (ix),

(b)in sub-paragraph (iii), omit “43,”,

(c)in sub-paragraph (viii), omit “under section 2 of the Pollution Prevention and Control Act 1999 extending to Scotland”.

(6) In paragraph 4(3) (holding of local inquiries and other hearings by appointed persons) of schedule 20 (delegation of appellate functions of the Secretary of State)(29)—

(a)omit head (d),

(b)for head (e) substitute—

“(e)regulation 55(1)(o) or (p) of the Environmental Authorisations (Scotland) Regulations 2018(30).”.

Goods Vehicles (Licensing of Operators) Act 1995

6. For paragraph 5(i)(iii) of schedule 2 (information about, convictions of, applicants for and holders of operator’s licences) of the Goods Vehicles (Licensing of Operators) Act 1995(31), substitute—

“(iii)regulation 69(1)(a) of the Environmental Authorisations (Scotland) Regulations 2018(32); or”.

Forth Crossing Act 2011

7. In section 69 (protection of the water environment) of the Forth Crossing Act 2011(33), for “section 20(1) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3)” substitute “section 18 of the Regulatory Reform (Scotland) Act 2014(34)”.

Water Resources (Scotland) Act 2013

8.—(1) The Water Resources (Scotland) Act 2013(35) is amended in accordance with sub-paragraphs (2) to (6).

(2) In section 7(1) (exemption from approval), for “Controlled Activities Regulations”, substitute “2018 Regulations”,

(3) In the title of section 21, for “Controlled Activities”, substitute “2018”,

(4) In section 21 (controlled activities regulations)—

(a)for “Controlled Activities” wherever it appears, substitute, “2018”,

(b)in subsection (3)(a), for “Water Environment (Controlled Activities)” to the end, substitute—

“Environmental Authorisations (Scotland) Regulations 2018(36),”.

(5) In the title of section 50, for “Controlled Activities”, substitute “2018”,

(6) In section 50 (controlled activities regulations)—

(a)for “Controlled Activities”, wherever it appears, substitute “2018”,

(b)in subsection (3)—

(i)in paragraph (a), for “Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209),” substitute, “Environmental Authorisations (Scotland) Regulations 2018(37),”,

(ii)in paragraph (c), for “regulation 11 (including as applied by regulation 24)” substitute “regulations 16, 19, 22 or 25”.

PART 2Subordinate legislation

Environmental Protection (Prescribed Processes and Substances) Regulations 1991

9.—(1) Regulation 3A (exclusion of prescribed processes under control of the Pollution Prevention and Control (Scotland) Regulations 2012) of the Environmental Protection (Prescribed Processes and Substances) Regulations 1991(38) is amended in accordance with sub-paragraphs (2) to (4).

(2) In the heading, for “Pollution Prevention and Control (Scotland) Regulations 2012, substitute “Environmental Authorisations (Scotland) Regulations 2018(39)”.

(3) In paragraph (1), for “a permit under the Pollution Prevention and Control (Scotland) Regulations 2012” substitute “a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018”.

(4) In paragraph (2), after “permit” each time it appears, insert “or registration”.

Controlled Waste Regulations 1992

10. In regulation 7(1) (waste not to be treated as industrial or commercial waste) of the Controlled Waste Regulations 1992(40)—

(a)for sub-paragraph (b), substitute—

“(b)the supply or application of sewage sludge to land authorised by or under the Environmental Authorisations (Scotland) Regulations 2018(41).”,

(b)omit sub-paragraph (c).

Conservation (Natural Habitats, &c.) Regulations 1994

11.—(1) The Conservation (Natural Habitats, &c.) Regulations 1994(42) are amended in accordance with sub-paragraphs (2) to (5).

(2) In regulation 3(2) (duties relating to compliance with the Directives), for “the Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “the Environmental Authorisations (Scotland) Regulations 2018(43)”.

(3) In regulation 3A(4) (duties relating to wild bird habitat), for “the Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “the Environmental Authorisations (Scotland) Regulations 2018(44)”.

(4) Revoke regulation 83.

(5) For regulation 84 (licences under part II of the Environmental Protection Act 1990), substitute—

Permits or registrations under the Environmental Authorisations (Scotland) Regulations 2018

84.—(1) Regulations 48 and 49 (requirement to consider effect on European sites in Great Britain and European offshore marine sites) apply in relation to—

(a)the grant of a permit or registration under regulations 18 (grant of registration) or 23 (grant of permit),

(b)the variation of a permit or registration in accordance with regulation 19 (variation of registrations) or 25 (variation of permits), or a partial variation under paragraph 15(3) (notice of surrender) of schedule 1 (registrations and permits: procedures),

(c)the determination of an appeal under regulation 56 (determination of appeals) in relation against a decision of the Scottish Environmental Protection Agency in relation to the grant or variation of a permit or registration,

of the Environmental Authorisation (Scotland) Regulations 2018(45) (the “2018 Regulations”).

(2) Where, in a case referred to in paragraph (1), the competent authority consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided by making any permit or registration subject to conditions, they may grant a permit or registration, or vary a permit or registration subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any permit or registration under the 2018 Regulations.

(4) Where on the review of a permit or registration the competent authority consider that any adverse effects on the integrity of a European site or European offshore marine site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the permit or registration, they may vary it, or cause it to be varied accordingly.”.

Landfill Tax Regulations 1996

12. In the Landfill Tax Regulations 1996(46), in regulation 33(4) (bodies eligible for approval)—

(a)for sub-paragraph (h) substitute—

“(h)a regulatory notice, surrender notice or revocation notice issued under the Environmental Authorisations (Scotland) Regulations 2018(47),

(i)an order granted under regulation 75 of the Environmental Authorisations (Scotland) Regulations 2018(48).”,

(b)omit sub-paragraphs (i), (j) and (k).

Special Waste Regulations 1996

13.—(1) The Special Waste Regulations 1996(49) are amended in accordance with sub-paragraphs (2) to (7).

(2) In regulation 1(4) (citation, commencement, extent, application and interpretation)—

(a)omit the definition of “the 2011 Regulations”,

(b)after the definition of “the 1990 Act”, insert—

““the 2018 Regulations” means the Environmental Authorisations (Scotland) Regulations 2018(50);”,

(c)after the definition of “domestic waste” insert—

““environmental authorisation” means a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018(51);”,

(d)omit the definition of “waste management licence”.

(3) In regulations 6(2)(c) (consignment notes: cases in which pre-notification is not required), 10(6)(c) (consignment notes etc.: duty of consignee not accepting delivery of a consignment), and 16(1) (site records), for “waste management licence” substitute “environmental authorisation”.

(4) In regulations 2ZA(4) (determination that a waste is hazardous waste) and 2ZD(3) (provisions common to regulations 2ZB and 2ZC), for “relevant waste management objectives” to the end,” substitute—

“general aims in regulation 9(2)(a) and (c) of the 2018 Regulations, and the relevant waste management objectives referred to in paragraphs 4(2) and (3) of schedule 11 (waste management activities) of those Regulations.”.

(5) In regulation 6(2)(c) (consignment notes: cases in which pre-notification is not required), for “an operation that falls within either entry D15 in the table in Part II of schedule 4 of the 2011 Regulations, or entry R13 in the table in Part III of schedule 4 of the 2011 Regulations”, substitute, “recovery or disposal”.

(6) In regulation 15 (registers)—

(a)in paragraph (5), for “waste management licence” substitute “authorisation for the treatment or disposal of waste under the 2018 Regulations”,

(b)in paragraph (7), omit “, in circumstances other than those mentioned in paragraph (6) or (6A)”.

(7) In regulation 16(1) (site records), for “waste management licence” substitute, “authorisation for the treatment or disposal of waste under the 2018 Regulations”.

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

14. In regulation 5(2) (application of part 1 of the Scottish act in relation to the Solway Tweed River Basin District) of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(52), omit “20”.

Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005

15. In the Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005(53), in schedule 2 part II paragraph 4 (general environmental requirements), for “The Water Environment (Controlled Activities) (Scotland) Regulations 2005”, substitute “The Environmental Authorisations (Scotland) Regulations 2018(54)”.

Transfrontier Shipment of Waste Regulations 2007

16. In the Transfrontier Shipment of Waste Regulations 2007(55), in regulation 16 (waste management licensing regulations 1994 etc.), omit “Paragraph 6(1)(c) of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011 and”.

Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008

17. In the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008(56), for regulation 8 (exclusions from storage capacity) substitute—

“(d)any quantity of livestock manure to be transferred to a person authorised by permit or registration under the Environmental Authorisations (Scotland) Regulations 2018(57) to collect, recover or dispose of manure;”.

Environmental Liability (Scotland) Regulations 2009

18. In the Environmental Liability (Scotland) Regulations 2009(58), for schedule 1 paragraph 2(3) (activities for the purposes of regulation 4(1)) substitute—

“(3) Sub-paragraphs (1) and (2) do not apply to operations to the extent to which they include the recovery of residual sludge from sewage treatment works treated to an approved standard by application to agricultural land for the purpose of soil improvement (within the meaning of schedule 18 of the Environmental Authorisations (Scotland) Regulations 2018)(59).”.

Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

19. In the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011(60), in article 18B (sediment sampling)—

(a)in paragraph (3)—

(i)for “controlled activity” substitute “water activity”,

(ii)for “Part II of the Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “the Environmental Authorisations (Scotland) Regulations 2018(61)”,

(b)for paragraph (5) substitute—

“(5) “Water activity” in this article has the meaning given to it in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.”.

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

20. In the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011(62), in schedule 1—

(a)omit “The Water Environment (Controlled Activities) (Scotland) Regulations 2011”,

(b)after “The Water Environment (Remedial Measures) (Scotland) Regulations 2016”, insert “The Environmental Authorisations (Scotland) Regulations 2018.”.

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

21.—(1) The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012(63) are amended in accordance with sub-paragraphs (2) to (3).

(2) For regulation 3(4)(b) substitute—

“(b)Schedule 23 (organic solvent emissions activities) of the Environmental Authorisations (Scotland) Regulations 2018(64).”.

(3) In regulation 6(1)(b)(ii), for “Pollution Prevention and Control (Scotland) Regulations 2012” substitute “Environmental Authorisations (Scotland) Regulations 2018(65)”.

Feed-in Tariffs Order 2012

22. In article 9(4)(d) of the Feed-in Tariffs Order 2012(66) for “Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “Environmental Authorisations (Scotland) Regulations 2018(67)”.

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

23. In the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013(68), in regulation 18 (designation of mixing zones)—

(a)in paragraph (1), for “controlled activity” substitute “regulated activity”,

(b)for paragraph (5) substitute—

“(5) In paragraph (1), “regulated activity” has the meaning given in regulation 3 of the Environmental Authorisations (Scotland) Regulations 2018(69).”.

Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014

24. In the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014(70), in schedule 1 (standards for good agricultural and environmental condition)—

(a)in part 1, for the definition of “the 2011 Regulations” substitute—

““the 2018 Regulations” means the Environmental Authorisations (Scotland) Regulations 2018(71),”,

(b)in part 2—

(i)in paragraph 2(1), for “Part 2 of the 2011 Regulations” substitute “the 2018 Regulations”,

(ii)for paragraph 2(2) substitute—

“(2) In this paragraph, “abstraction” has the same meaning as in regulation 2 of the 2018 Regulations.”,

(iii)in paragraph 3(1), for “2011 Regulations” substitute “2018 Regulations”,

(iv)in paragraph 3(2), for “regulation 32(2) of the 2011 Regulations (enforcement notices)” substitute “regulation 46 of the 2018 Regulations (regulatory notices)”.

Environmental Protection (Duty of Care) (Scotland) Regulations 2014

25. In the Environmental Protection (Duty of Care) (Scotland) Regulations 2014(72), in the table in regulation 3—

(a)omit the second (relating to a waste management licence or disposal licence), third (related to a permit under the Pollution Prevention and Control (Scotland) Regulations 2012) and fifth (relating to a carrier of controlled waste) rows,

(b)after the final rows, insert (as new rows and in the appropriate columns)—

A person authorised under a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018(73).	The relevant authorisation number (if any) issued by the competent authority.
A person who has notified SEPA under Part 3 of the Environmental Authorisations (Scotland) Regulations 2018.	The relevant authorisation number (if any) issued by the competent authority.

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

26. In the Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014(74), in schedule 1 (specified activities), for paragraph 2 substitute—

Water activities

2.—(1) The carrying on of a water activity.

(2) In this paragraph, “water activity” has the same meaning as in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018(75).”.

Control of Major Accident Hazards Regulations 2015

27.—(1) The Control of Major Accident Hazards Regulations 2015(76) are amended in accordance with sub-paragraphs (2) to (4).

(2) In regulation 2 (interpretation)—

(a)omit the definition of “the 2012 Regulations”,

(b)after the definition of “the 1999 Regulations”, insert—

““the 2014 Act” means the Regulatory Reform (Scotland) Act 2014(77);”.

(3) In regulation 21(1) (power of the competent authority to accept information in another document), for “the 2012 Regulations” substitute “regulations made under section 18 of the 2014 Act”.

(4) In regulation 25 (inspections and investigations), for “the 2012 Regulations” in both places where it appears, substitute “regulations made under section 18 of the 2014 Act”.

Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

28.—(1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015(78) are amended in accordance with sub-paragraph (2).

(2) In the table in schedule 4 (relevant offences and fixed penalty amounts)—

(a)omit the rows which relate to—

(i)the Sludge (Use in Agriculture) Regulations 1989,

(ii)the Control of Pollution (Amendment) Act 1989,

(iii)sections 35(7B), 38(10) or (11), 44(1), 44(2), 63(2) and 71(3) of the Environmental Protection Act 1990,

(iv)the Landfill (Scotland) Regulations 2003,

(v)the Water Environment (Controlled Activities) Regulations 2011,

(vi)the Waste Management Licensing (Scotland) Regulations 2011,

(vii)the Pollution Prevention and Control (Scotland) Regulations 2012,

(b)for entry for Regulation 18(1) of the Special Waste Regulations 1996, substitute—

“Regulation 18(1) (failure to comply with regulations)

YES

LOW”

Packaging (Essential Requirements) Regulations 2015

29. In the Packaging (Essential Requirements) Regulations 2015(79), for schedule 1 paragraph 1(4)(b)(essential requirements on the composition and the reusable and recoverable, including recyclable, nature of packaging) substitute—

“(a)in relation to Scotland, paragraphs 4(2) and (3) of schedule 11 (waste management activities) to the Environmental Authorisations (Scotland) Regulations 2018(80);”.

Scottish Landfill Tax (Administration) Regulations 2015

30. In the Scottish Landfill Tax (Administration) Regulations 2015(81), in regulation 29(9) (bodies eligible for approval), omit sub-paragraphs (b) to (d), and (i) to (l).

Scottish Landfill Tax (Exemption Certificates) Order 2015

31. In the Scottish Landfill Tax (Exemption Certificates) Order 2015(82), in article 3(1)(b) (exemption certificates), for “regulation 57 of the Pollution Prevention and Control (Scotland) Regulations 2012” substitute “regulation 62 of the Environmental Authorisations (Scotland) Regulations 2018(83)”.

Network Rail (Glasgow Queen Street Station) Order 2017

32. In the Network Rail (Glasgow Queen Street Station) Order 2017(84), in article 37 (protection of the water environment), for “Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “Environmental Authorisation (Scotland) Regulations 2018(85)”.

Renewable Heat Incentive Scheme Regulations 2018

33. In the Renewable Heat Incentive Scheme Regulations 2018(86), in schedule 2 paragraph 1(2)(n) (information required for modification of installation capacity, extension applications, accreditation or registration), for “Pollution Prevention and Control (Scotland) Regulations 2012” substitute “Environmental Authorisations (Scotland) Regulations 2018(87)”.

Green Gas Support Scheme Regulations 2021

34.—(1) The Green Gas Support Scheme Regulations 2021(88) are amended in accordance with sub-paragraphs (2) and (3).

(2) In regulation 6(5)(d) (determination of application for registration and the central register)—

(a)for “necessary waste management licences, and environmental permits” substitute “authorisations”,

(b)in head (ii), for “Pollution Prevention and Control (Scotland) Regulations 2012, or the Waste Management Licensing (Scotland) Regulations 2011” substitute “Environmental Authorisations (Scotland) Regulations 2018(89)”,

(c)in sub-head (aa) of head (ii), for “environmental permits” substitute “authorisations”.

(3) In regulation 10(1)(j)(ii) (ongoing participant obligations: general), for “the Pollution Prevention and Control (Scotland) Regulations 2012, and any necessary waste management licence granted in accordance with the Waste Management Licensing (Scotland) Regulations 2011” substitute—

“any authorisation granted (or treated as granted) under the Environmental Authorisations (Scotland) Regulations 2018(90)”.

Regulation (EC) No. 1069/2009

35. In article 24(1) (approval of establishments or plants) of Regulation (EC) No. 1069/2009 of the of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002(91), for “the Pollution Prevention and Control (Scotland) Regulations 2012” in both places it appears substitute “a permit or registration to operate under the Environmental Authorisations (Scotland) Regulations 2018(92)”.

Commission Regulation (EU) No. 142/2011

36. In article 6(1) (disposal by incineration, disposal or recovery by co-incineration and use as a fuel for combustion) of Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive(93), for “the Pollution Prevention and Control (Scotland) Regulations 2012” in both places it appears, substitute “a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018(94)”.

Regulation (EU) 2017/852

37. In article 7(3)(b) (industrial activities) of Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No. 1102/2008(95), for “the Pollution Prevention and Control Regulations 2012” substitute “the Environmental Authorisations (Scotland) Regulations 2018(96)”.

Regulation (EU) 2019/1021

38. In article 2(17)(b) (definitions) of Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (97), for “Pollution Prevention and Control (Scotland) Regulations 2012” substitute “Environmental Authorisations (Scotland) Regulations 2018(98)”.

(1)

1968 c. 47.

(2)

Section 29A was inserted by the Water Resources (Scotland) Act 2013 (asp 5), section 34(2).

(3)

S.S.I. 2013/323.

(4)

Sections 38A and 38C were inserted by the Water Resources (Scotland) Act 2013 (asp 5), section 37.

(5)

Section 37 was inserted by the Water Resources (Scotland) Act 2013 (asp 5), section 37.

(6)

S.S.I. 2018/219, amended by S.S.I. 2025/165.

(7)

2014 asp 3.

(8)

1990 c. 43.

(9)

Section 33 was relevantly amended by the Regulatory Reform (Scotland) Act 2014 (asp 3) s. 61(2), schedule 3, paragraph 40(2) and S.S.I. 2009/247, S.S.I. 2011/226, S.S.I. 2019/26 and S.S.I. 2019/26.

(10)

S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(11)

S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(12)

Section 34(1) was relevantly amended by the Environmental Protection Act 1990 (c. 43) schedule 16, paragraph 1, S.S.I. 2009/247 and S.S.I. 2012/360.

(13)

S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(14)

S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(15)

S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(16)

S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(17)

Section 78A was inserted by the Environment Act 1995 (c. 25) section 57 and relevantly amended by S.S.I. 2005/658.

(18)

Section 78YB was inserted by the Environment Act 1995 (c. 25) section 57 and relevantly amended by S.S.I. 2016/99.

(19)

S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(20)

1991 c. 34. Schedule 18 was relevantly amended by S.S.I. 2006/181 and S.I. 1999/648.

(21)

1995 c. 46. Schedule 9 paragraph 1 was relevantly amended by the Regulatory Reform (Scotland) Act 2014 (asp 3) schedule 3(5), paragraph 31(4)(b).

(22)

1995 c. 25.

(23)

Section 56 was relevantly amended by the Environment Act 2021 (c. 30) section 64(4)(b) and S.I. 2019/458.

(24)

(25)

(26)

(27)

(28)

Section 114(2)(a)(iii) was relevantly amended by the Pollution Prevention and Control Act 1999 schedule 3 paragraph 1, S.S.I. 2006/181 and S.S.I. 2011/226.

(29)

Schedule 20, paragraph 4 was relevantly amended by S.S.I. 2006/181 and S.S.I. 2012/360.

(30)

S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(31)

1995 c. 23.

(32)

S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

(33)

2011 asp 2.

(34)

2014 asp 3.