Contents
- Part 1 General
- Part 2 Amendment of the 2018 Regulations
- Part 3 Amendment of the 2013 Regulations
- Part 4 Miscellaneous
- Schedule 1 New schedule 10 to be inserted into the 2018 regulations
- Schedule 2 New schedule 11 to be inserted into the 2018 regulations
- Schedule 3 New schedule 12 to be inserted into the 2018 regulations
- Schedule 4 New schedule 13 to be inserted into the 2018 regulations
- Schedule 5 New schedule 14 to be inserted into the 2018 regulations
- Schedule 6 New schedule 15 to be inserted into the 2018 regulations
- Schedule 7 New schedule 16 to be inserted into the 2018 regulations
- Schedule 8 New schedule 17 to be inserted into the 2018 regulations
- Schedule 9 New schedule 18 to be inserted into the 2018 regulations
- Schedule 10 New schedule 19 to be inserted into the 2018 regulations
- Schedule 11 New schedule 20 to be inserted into the 2018 regulations
- Schedule 12 New schedule 21 to be added into the 2018 regulations
- Schedule 13 New schedule 22 to be inserted into the 2018 regulations
- Schedule 14 New schedule 23 to be added into the 2018 regulations
- Schedule 15 New schedule 24 to be added into the 2018 regulations
- Schedule 16 New schedule 25 to be added into the 2018 regulations
- Schedule 17 New schedule 26 to be inserted into the 2018 regulations
- Schedule 18 New schedule 27 to be inserted into the regulations
- Schedule 19 New schedule 28 to be inserted into the regulations
- Schedule 20 New schedule to be inserted into the 2013 regulations
- Schedule 21 Repeals and revocations
- Schedule 22 Consequential Amendments
- Schedule 23 Transitional and savings provisions
Part 1 · General
1Citation and commencement#
(1)These Regulations may be cited as the Environmental Authorisations (Scotland) Amendment Regulations 2025.
(2)These Regulations come into force on 1 November 2025 except as provided in paragraphs (3) to (5).
(3)Regulations 1, 2, 8, 11 to 18, 20, 21, 23 to 32, 34 and 36 come into force on 1 June 2025.
(4)Subject to paragraph (5), the following regulations come into force on 1 June 2025—
(a)regulation 4,
(b)regulation 6, insofar as new regulation 3(1)(a) and (c), and (2B) to be inserted into the 2018 Regulations,
(c)regulation 7, insofar as the definitions of “radioactive substances activity” and “waste management activity” to be inserted into the 2018 Regulations,
(d)regulation 9—
(i)paragraph (1) insofar as new regulation 6(1)(a), (c) and (j) to be inserted into the 2018 Regulations,
(ii)paragraph (2), insofar as it relates to schedules 2 and 9 to be inserted into the 2018 Regulations.
(5)Notwithstanding the coming into force of the regulations as specified in sub-paragraph (4), during the period between and including 1 June 2025 and 31 October 2025—
(a)the definition of “waste management activity” in regulation 7,
(b)“waste management activity” for the purposes of new regulation 3(1)(c) as inserted into the 2018 Regulations, and
(c)the provisions of schedule 2 inserting new schedule 11 into the 2018 Regulations,
apply only insofar as they relate to the activities described in paragraph 1(1) of new schedule 18 of the 2018 Regulations to be inserted by schedule 9 of these Regulations, that is, the recovery of waste by application to land for the purpose of soil improvement, and the temporary storage of waste at the place where it is to be used for that purpose.
2Interpretation#
In these Regulations—• “the 2013 Regulations” means the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013,• “the 2018 Regulations” means, except in schedule 23, the Environmental Authorisations (Scotland) Regulations 2018.
Part 2 · Amendment of the 2018 Regulations
3Amendment of the 2018 Regulations#
The 2018 Regulations are amended in accordance with regulations 4 to 40.
4Amendment of regulation 2(1) (interpretation)#
(1)In regulation 2(1) (interpretation), the following definitions are inserted—
(a)before the definition of “assimilated law”, insert—“• “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),• “the 2013 Regulations” means the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013,• “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,• “asbestos” includes any of the following fibrous silicates—(a) actinolite,(b) amosite,(c) anthophyllite,(d) chrysotile,(e) crocidolite,(f) tremolite,”
(c)after the definition of “charging scheme”, insert—“• “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,• “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,• “coke” means a black material made from coal that is used as fuel for heating,• “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,• “combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated,”
(d)after the definition of “consolidated authorisation”, insert—“• “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,• “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,• “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,”
(e)after the definition of “electronic communication” insert—“• “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,• “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,”
(f)after the definition of “enforcing officer” insert—“• “fuel” means any solid, liquid, or gaseous combustible material,”
(g)after the definition of “general binding rules” insert—“• “groundwater” means water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil,• “groundwater hazardous substances” means substances which have been identified by SEPA in accordance with regulation 24A of the 2013 Regulations,• “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—(a) harm to the quality of the water environment taken as a whole,(b) 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,• “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,• “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,• “ISO” means International Organization for Standardization (ISO),• “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),• “incineration” means the thermal treatment of waste with or without recovery of the combustion heat generated,• “industrial emissions activity” has the meaning given in regulation 4 and schedule 19,”
(h)after the definition of “inland water”, insert—“• “land” includes land covered by waters where the land is above the low water mark of ordinary spring tides,• “landfill” has the meaning given in paragraph 2 of schedule 13,• “landfill activity” has the meaning given in paragraph 3 of schedule 13,• “large combustion plant” has the meaning given in paragraph 1(2) of schedule 21,• “loch” means a body of standing inland water,• “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,• “non-hazardous waste” means waste which is not hazardous waste,• “operating a medium combustion plant” has the meaning given in paragraph 1 of schedule 27,• “organic solvents emissions activity” has the meaning given in paragraph 2 of schedule 23,”
(i)after the definition of “off-site condition”, insert—“• “other emissions activity” has the meaning given in regulation 4 and schedule 26,”
(j)after the definition of “owner”, insert—“• “petrol vapour recovery activity” has the meaning given in paragraph 2 of schedule 28,• “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, or cause offence to any human sense, or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment,”
(k)after the definition of “radioactive substances activity”, insert—“• “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,• “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,• “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,• “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,”
(l)after the definition of “relevant function”, insert—“• “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,”
(m)after the definition of “revocation notice”, insert—“• “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,”
(n)after the definition of “SEPA”, insert—“• “sewer”, “public sewer”, “private sewer”, “sewage treatment works” and “sewage” have the meanings given in section 59(1) of the Sewerage (Scotland) Act 1968,• “shellfish” includes crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish,”
(o)after the definition of “standard conditions”, insert—“• “storage” in relation to waste, includes keeping, managing or depositing waste,• “substance” includes any chemical element and its compounds (including bacteria and other pathogens),• “surface water” means inland water (other than groundwater), transitional water and coastal water,”
(p)after the definition of “technical schedule”, insert—“• “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,• “the water environment” means all surface water, groundwater and wetlands,• “titanium dioxide activity” has the meaning given in paragraph 1 of schedule 24,• “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,• “treatment” means in relation to waste, recovery or disposal operations, including preparation prior to recovery or disposal,”
(q)for the definition of “waste”, substitute—“• “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,• “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,• “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,• “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste,• “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,• “waste management activity” has the meaning given in regulation 4 and schedule 11,• “water activity” has the meaning given in regulation 4 and schedule 10,• “WEEE” means waste electrical and electronic equipment,• “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.”
5New regulation 2A (interpretation: best available techniques (“BAT”)#
After regulation 2 (interpretation), insert—“2A 1 For the purposes of these Regulations—• “best available techniques (“BAT”)” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other authorisation conditions designed to prevent, and where that is not practicable, to reduce emissions and the impact on the environment as a whole.2 In paragraph (1)—a “techniques” includes both the technology used and the way in which an installation is designed, built, maintained, operated and decommissioned,b “available techniques” means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the United Kingdom as long as they are reasonably accessible to the operator,c “best” means most effective in achieving a high general level of protection of the environment as a whole.”
6Amendment of regulation 3 (interpretation: regulated activity)#
In regulation 3 (interpretation: regulated activity)—
(a)for paragraph (1), substitute—“3 1 In these Regulations, “regulated activity” means—a a radioactive substances activity,b a water activity,c a waste management activity,d an industrial emissions activity,e an other emissions activity.”
(b)after paragraph (2), insert—“2A Paragraph 2 does not apply to a person carrying on a water activity.2B For the purposes of paragraph 2, in relation to a waste management activity (other than the transportation of waste), “domestic activity” does not include an activity in relation to household waste carried on outwith the curtilage of the private dwelling or place of residence from which the waste arises.”
(c)after paragraph (3), insert—“4 Where a person carries on an activity which meets the definitions of more than one of the regulated activities in regulation 4 and as specified in paragraph (1)(a) – (e) of this regulation, that person carries on each of those regulated activities.”
7Amendment of regulation 4 (interpretation: radioactive substances activity)#
For regulation 4 (interpretation: radioactive substances activity), substitute—“4 In these Regulations—• “industrial emissions activity” means—(a) an activity listed in Part 4 of schedule 20 (“a schedule 20 emissions activity”),(b) operating a large combustion plant,(c) incineration and co-incineration of liquid and solid waste at a waste incineration plant or waste co-incineration plant,(d) an organic solvent emissions activity,(e) a titanium dioxide activity,• “other emissions activity” means—(a) an activity listed in Part 3 of schedule 26,(b) operating a medium combustion plant,(c) a petrol vapour recovery activity,• “radioactive substances activity” means an activity involving either or both—(a) radioactive material,(b) radioactive waste,• “waste management activity” means—(a) the storage, treatment (including sorting), recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites,(b) the collection and transport of waste on a professional basis,(c) acting as a dealer or broker,in or on land, or in the vicinity of land when connected with a waste management activity taking place on land,• “water activity” means—(a) any activity liable to cause the direct or indirect introduction, as a result of human activity, of any substance or heat into the water environment which may give rise to harm to the water environment,(b) abstraction of water from the water environment,(c) construction or alteration of impounding works in inland water (other than in groundwater) or wetland,(d) operation of impounding works in surface water or wetland,(e) carrying out building or engineering works, or works other than those referred to in sub-paragraphs (c) or (d)—(a) in inland water (other than groundwater) or wetland, or(b) in the vicinity of inland water (other than groundwater) or wetland and having or likely to have a significant adverse impact on the water environment,(f) artificial recharge or augmentation of groundwater,(g) the direct or indirect discharge, and any activity likely to cause a direct or indirect discharge, into groundwater of—(a) any groundwater hazardous substance, or(b) any other substance or heat liable to cause harm to the water environment,(h) any other activity which directly or indirectly has or is likely to have a significant adverse impact on the water environment.”
8Amendment of regulation 5 (interpretation: authorised person)#
In regulation 5 (interpretation: authorised person)—
(a)in paragraph (2)(c), in the opening words, for “the” substitute “an”,
(b)after paragraph (3), insert—“4 Where a person becomes an authorised person—a as a result of the operation of paragraph (2),b in respect of an activity which is carried on in accordance with a permit or a registration, andc there is a regulatory notice, surrender notice or costs recovery notice in effect in respect of that permit or registration,the duty to comply with the notice is transferred to that person.”
9Amendment of regulation 6 (interpretation: technical schedule)#
(1)For regulation 6 (interpretation: technical schedule), substitute—“6 1 The technical schedules are—a schedule 8 (radioactive substances activities),b schedule 10 (water activities),c schedule 11 (waste management activities),d schedule 12 (hazardous waste mixing and waste oil mixing, and treatment of waste oil activities),e schedule 13 (landfill activities),f schedule 14 (management of separately collected recyclable waste and operation of a materials facility),g schedule 15 (management of waste vehicles),h schedule 16 (management of waste electrical and electronic equipment),i schedule 17 (management of waste batteries),j schedule 18 (recovery of waste by application to land for the purpose of soil improvement),k schedule 19 (industrial emissions activities),l schedule 20 (schedule 20 emissions activities),m schedule 21 (operating a large combustion plant),n schedule 22 (incineration and co-incineration of waste at a waste incineration plant or waste co-incineration plant),o schedule 23 (organic solvent emissions activities),p schedule 24 (titanium dioxide activities),q schedule 25 (energy efficiency requirements for specified activities),r schedule 26 (other emissions activities),s schedule 27 (operating a medium combustion plant),t schedule 28 (petrol vapour recovery activities).2 If a provision of a technical schedule is inconsistent with any other provision of these Regulations, the provision in the technical schedule prevails to the extent of that inconsistency.”
(2)Schedules 1 to 19 of these Regulations are inserted as schedules 10 to 28 of the 2018 Regulations.
10Amendment of regulation 10 (general binding rules)#
In regulation 10 (general binding rules)—
(a)for paragraph (1), substitute—“1 Subject to paragraph (4), a regulated activity specified in column 1 of the relevant Chapter of Part 1 of schedule 9 is authorised under these Regulations if it is carried on in compliance with the rules (“general binding rules”) specified for that activity in column 2 of the corresponding Chapter in Part 1 of the schedule.”
(b)after paragraph (3), insert—“4 A regulated activity specified in Chapter 1 of Part 1 of schedule 9, is authorised under these Regulations to the extent that any substance is a radioactive substance and is not authorised to the extent that the activity would, if no account were to be taken of any radioactive substance, constitute a regulated activity.”
11Amendment of regulation 17 (form and content of a registration)#
In regulation 17 (form and content of a registration)—
(a)in paragraph (1)(c), for “the” where it first appears, substitute “any”,
(b)in paragraph (2), for “the”, substitute “any”,
(c)in paragraph (5)—
(i)omit “either or both”,
(ii)after sub-paragraph (b), at the end, insert—“,c any standard conditions, in circumstances where no standard conditions were specified at the time the registration was granted”
12Amendment of regulation 19 (variation of registrations)#
In regulation 19(1) (variation of registrations), insert “or more” after “one”.
13Amendment of regulation 22 (form and content of permits)#
In regulation 22(3) (form and content of permits), after “granting”, insert “or varying”.
14Amendment of regulation 24 (review of permits)#
In regulation 24 (review of permits)—
(a)re-number the existing provision as paragraph (1),
(b)after paragraph (1) as re-numbered, insert—“2 Where SEPA carries out a review under paragraph (1), any fee payable under a charging scheme for that review is payable by the authorised person.”
15Amendment of regulation 28 (effect of transfer)#
In regulation 28(1) (effect of transfer), for “permit being transferred”, substitute “registration or permit being transferred”.
16Amendment of regulation 30 (surrender of registration or permit)#
In regulation 30(c)(ii) (surrender of registration or permit), after “registration”, insert “or permit”.
17Amendment of regulation 31 (revocation of permits and registrations)#
For regulation 31(revocation of permits and registrations), substitute—“31 1 SEPA may at any time revoke (in whole or in part) a permit or registration by—a serving a notice (a “revocation notice”) on the authorised person, orb where paragraph (2) or (3) applies—i publishing a revocation notice on its website, andii sending a copy of the revocation notice to the last known address of the authorised person.2 This paragraph applies where the authorised person is a sole operator who has died and—a an executor has not been appointed to that person’s estate, orb following the appointment of an executor, the estate has been wound up and the executor discharged.3 This paragraph applies where the authorised person is a body corporate that has been dissolved.4 In this regulation—• “dissolved” means dissolved under the law of Scotland, England and Wales, or Northern Ireland (whether or not by a process referred to as dissolution),• “wound up” means wound up under the law of Scotland, England and Wales or Northern Ireland.”
18Amendment of regulation 33 (determining and revising standard conditions)#
In regulation 33 (determining and revising standard conditions), at the end, insert—“4 SEPA may include such conditions as it thinks fit in any standard conditions.”
19Amendment of regulation 37 (power to require the provision of information)#
In regulation 37(2)(b)(iii) (power to require the provision of information), after “waste” both times it appears, insert, “, including radioactive waste,”.
20Amendment of regulation 38 (register)#
In regulation 38 (register)—
(a)in paragraph (3), at the end insert “unless otherwise specified in relation to a particular entry.”,
(b)after paragraph (4), insert—“5 Information contained in the register as to a permit or registration, the authorised person in relation to that permit or registration, the conditions of that permit or registration, and whether it is in force, suspended or revoked is, in the absence of evidence to the contrary, proof in any proceedings of that permit or registration, the authorised person in relation to that permit or registration, the conditions of that permit or registration and whether it is in force, suspended or has been revoked.6 A certified extract from the register is admissible without further proof in evidence in any proceedings.7 For avoidance of doubt, this regulation applies to information contained in the register as to a deemed permit or deemed registration.8 In this regulation, “a certified extract” means a document certified to be a true extract from the register by any person having authority from SEPA to certify it.”
21Amendment of regulation 41 (application for commercial confidentiality)#
In regulation 41 (application for commercial confidentiality), after paragraph (1), insert—“1A Where an application for commercial confidentiality is made to SEPA, any fee payable under a charging scheme for the application is payable by the applicant or the authorised person, as appropriate.”
22Amendment of regulation 46 (regulatory notices)#
In regulation 46(5)(b) (regulatory notices), after “waste”, insert “, including radioactive waste,”.
23Amendment of regulation 51 (costs recovery notices)#
In regulation 51(costs recovery notices)—
(a)in paragraph (1), for “, and up to the time of, service of the notice (a “costs recovery notice”)”, substitute—“—a a regulatory notice,b a revocation notice,c steps taken by SEPA, or arrangements made by SEPA for steps to be taken, under regulation 62,up to the time of service of the notice (a “costs recovery notice”) under this regulation.”
(b)in paragraph (2)—
(i)in sub-paragraph (a), at the end, insert—“or to whom the duty to comply with the notice has transferred as a result of regulation 28(2),”
(ii)in sub-paragraph (b), at the end, insert—“or to whom the duty to comply with the notice has transferred as a result of regulation 29(5),”
(iii)for sub-paragraph (d), substitute—“where SEPA takes steps, or arranges for steps to be taken, under regulation 62(2) or (3)—i the person on whom the regulatory notice, surrender notice or revocation notice was served,ii the person who would have been served with the regulatory notice, surrender notice or revocation notice, oriii the person to whom a duty to comply with the regulatory notice, surrender notice or revocation notice has transferred under regulation 28(2) or 29(5).”
24Amendment of regulation 52 (payment requirements for costs recovery notices)#
In regulation 52(2) (payment requirements for costs recovery notices), for “penalty” substitute “notice.”.
25Amendment of regulation 54 (notices – general provisions)#
In regulation 54 (notices – general provisions)—
(a)in paragraph (2), at the end, insert—“or, where paragraph 2A applies, by being sent to the person using electronic communication.2A This paragraph applies where, before the notice is served, SEPA and the person upon whom it is to be served agree in writing that the notice may be sent to the person by being transmitted to an agreed electronic address, and in an agreed electronic form.”
(b)After paragraph (4), insert—“5 Where a document is served as mentioned under paragraph (2) to a postal address in the United Kingdom or by electronic communication to an electronic address, it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.”
26Amendment of regulation 55 (appeals to the Scottish Ministers)#
In regulation 55(1) (appeals to the Scottish Ministers)—
(a)in sub-paragraph (e), after “form of authorisation” the first time it appears, insert, “or has been treated as having notified an activity”,
(b)in sub-paragraph (q), at the end, for “and” substitute “or”.
27Amendment of regulation 57 (effect of notices etc. during consideration of appeal)#
In regulation 57(2) (effect of notices etc. during consideration of appeal), at the end of sub-paragraph (f), insert—“,g an off-site condition under regulation 22(3)(b) by a person whose consent is required in order for the authorised person to comply with it, the appealed condition does not take effect until the day following the day on which—i the appeal is withdrawn, orii the appeal is finally determined, and the condition is affirmed.”
28Amendment of regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule)#
(1)In the heading to regulation 59, for “schedule”, substitute “schedules”.
(2)In regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule), for “schedule” substitute “schedules”.
29Amendment of regulation 60 (power of SEPA to impose authorisations)#
In regulation 60 (power of SEPA to impose authorisations)—
(a)in paragraph (3), for “or” substitute “and”,
(b)in paragraph (4), after (1), insert “(b) or (c)”,
(c)after paragraph (4), insert—“5 Where SEPA treats an activity in accordance with paragraph (1), the person or persons it considers to be in control of the carrying on of the activity are to be treated for the purposes of these Regulations as—a in relation to treatment as a notification, the person who makes a notification in accordance with regulation 12(3),b in relation to treatment as a permit or registration, the applicant.”
30Amendment of regulation 62 (action by SEPA)#
In regulation 62 (action by SEPA)—
(a)in paragraph (3), at the end, insert “, or to whom the notice or the duty to comply with the notice has transferred.”,
(b)in paragraph (4)(b), after “served” insert, “, or to whom the notice or the duty to comply with the notice has transferred,”,
(c)in paragraph (5)(a), after “notice” insert,“, or to whom the duty to comply with a regulatory notice has transferred.”,
(d)in paragraph 5(b), for “or revocation notice”, substitute—“notice or upon whom the duty to comply with a surrender notice has transferred, orc SEPA served a revocation notice, or to whom a revocation notice has transferred.”
31Amendment of regulation 63 (accelerated applications)#
In regulation 63 (accelerated applications)—
(a)in paragraph (1)(b), after “initiated by SEPA”, insert “in relation to a permit”,
(b)in paragraph (6), in the opening words, delete “in so far as it is practicable to do so”.
32Amendment of regulation 64 (consolidation of permits and registrations)#
In regulation 64 (consolidation of permits and registrations), after paragraph (9), insert—“9A Where SEPA carries out a SEPA initiated consolidation under paragraph (2) or (4), any fee payable under a charging scheme for that consolidation is payable by the authorised person.”
33Amendment of regulation 67 (SEPA’s public participation statement)#
In regulation 67(2) (SEPA’s public participation statement)—
(a)in sub-paragraph (a), at the end, omit “and”,
(b)after sub-paragraph (a) insert—“aa paragraph 1A of schedule 1 (pre-application community engagement), and”
34Amendment of regulation 69 (offences)#
In regulation 69 (offences), after paragraph (1)(l), insert—“la knowingly causes false information or, information falsely purporting to be a copy or reproduction of information, to be contained in the register required to be maintained by SEPA under regulation 38 of these Regulations.”
35Amendment of schedule 1 (registrations and permits: procedures)#
In schedule 1(registrations and permits: procedures)—
(a)before paragraph 1, insert—“1A 1 SEPA may require a person who intends to apply for a permit or a variation to an existing permit to consult with members of the public likely to be affected by the proposed activity or variation.2 SEPA may require that person to take such steps as SEPA considers appropriate.”
(b)after paragraph 2(1)(b), before “and” insert—“ca any information relating to pre-application community engagement required by SEPA under paragraph 1A.”
(c)in paragraph 4—
(i)renumber the existing provision as sub-paragraph (1),
(ii)after sub-paragraph (1) as renumbered, insert—“2 Where an application is modified by the applicant, any fee payable under a charging scheme for the modification of an application is payable by the applicant.”
(d)in paragraph 7(3)—
(i)in head (b), for “has the potential”, substitute “is likely”,
(ii)in head (c), at the end, insert, “having regard to the public participation statement”,
(e)in paragraph 8—
(i)after sub-paragraph (1)(d), insert—“e the times and places where, or the means by which, public consultees may access copies of the application, proposed SEPA initiated variation and any other relevant information required to be publicised.”
(ii)in sub-paragraph (2), omit “(a) or (b)”,
(iii)in sub-paragraph (3), omit “further”,
(f)in paragraph 12, omit sub-paragraphs (1)(c) and (2),
(g)in paragraph 13, after sub-paragraph (2), insert—“3 Where SEPA issues a SEPA initiated variation notice under regulation 25, any fee payable under a charging scheme for the variation is payable by the authorised person.”
(h)in paragraph 14(3), omit “on the date specified in the notice and”,
(i)in paragraph 15—
(i)for sub-paragraph (1)(a)(v), substitute—“v remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area,”
(ii)in sub-paragraph (1)(b)(i) and (ii), after “effect”, insert “in whole or in part”,
(iii)in sub-paragraph (5)(b) for “applicant” substitute “authorised person”,
(j)in paragraph 16—
(i)for sub-paragraph (1)(a)(v), substitute—“v remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area,”
(ii)in sub-paragraph (1)(d)(i), for “or” substitute “and”,
(iii)after sub-paragraph (2), insert—“3 SEPA may impose an off-site condition in a revocation notice.”
(k)in paragraph 18(b), at the end, omit—“,in respect of which a third party representation has been made”
(l)after paragraph 19(1), insert—“1A The Scottish Ministers must consult SEPA before issuing a direction under sub-paragraph (1),”
(m)omit paragraphs 20 to 22,
(n)in paragraph 24, omit the definition of “third party representation”,
(o)after paragraph 24, insert—“25 1 This paragraph applies to a function of the Scottish Ministers in connection with a matter referred to them for determination in compliance of a direction made under paragraph 19(1).2 Where this paragraph applies, the Scottish Ministers may—a appoint a person to exercise any such function on their behalf, with or without payment,b refer a matter to a person they may appoint for the purpose, with or without payment.”
36Amendment of schedule 2 (off-site conditions)#
In schedule 2 (off-site conditions)—
(a)in paragraph 3(2)(b), after “permit”, insert “or the person upon whom a notice imposing an off-site condition was served”,
(b)in paragraph 3(3)(b)—
(i)after “person”, the second time it appears, insert “or the person upon whom a notice imposing an off-site condition was served”,
(ii)delete “authorised”, the second time it appears.
37Amendment of schedule 3 (register)#
In schedule 3 (register)—
(a)in Table 1—
(i)after entry 7, insert—“”
(ii)after entry 13, insert—“”
(iii)in entry 37, for “Any” substitute “An”,
(iv)in entry 38, for “inspection report” substitute “programme of inspections (as defined in schedule 8)”,
(v)after entry 38, insert—“In relation to a decision to grant a surrender application for a schedule 20 emissions activity, a copy of any notice issued by SEPA under paragraph 15(5)(b) of schedule 1 confirming that steps specified in a surrender notice have been satisfied.This information must be made available electronically.”
(vi)in entries 2, 3, 4, 6, 8, 13, 14, 15 and 32, insert, at the end—“Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically.”
(b)in paragraph 1—
(i)after “non-compliance penalty”, insert “and”,
(ii)omit “and “notice of intent””.
38Amendment of schedule 4 (provisions relating to appeals)#
In schedule 4 (provisions relating to appeals)—
(a)in paragraph 4—
(i)in sub-paragraph (b) before “withdrawal” insert “deemed”,
(ii)in sub-paragraph (c) delete “of determination”,
(iii)in sub-paragraph (d)—
(aa)for “the authorised person”, substitute “another person”,
(bb)for “an authorisation”, substitute “a notice or permit”,
(cc)for “of the notice”, substitute “that a copy of the notice or permit is”,
(dd)for “3” substitute “4”,
(b)in paragraph 24, for “inquiry” substitute “hearing”.
39Amendment of schedule 8 (radioactive substances activities)#
In schedule 8 (radioactive substances activities)—
(a)in paragraph 1—
(i)the current paragraph becomes sub-paragraph (2),
(ii)before sub-paragraph (2) as renumbered, insert—“1 This schedule applies to radioactive substances activities.”
(b)in paragraph 2—
(i)for sub-paragraph (1)(d), substitute—“d the disposal of radioactive waste at a landfill or at a waste incineration plant or waste co-incineration plant where—i the radioactive waste may be disposed of in solid waste that is not radioactive waste in accordance with the general binding rules in Chapter 1 of schedule 9, andii the radioactive waste has not been segregated from waste that is not radioactive waste,”
(ii)for sub-paragraph (1)(e), substitute—“e the disposal of radioactive waste described in paragraph 6(1)(a) or (b) in a landfill or at a waste incineration plant or waste co-incineration plant where the activity of the radioactive waste does not exceed the concentrations specified in schedule 9, Part 3, Table 1, Column 2.”
(c)in paragraph 3, omit the definitions of “PPC permit” and “waste management licence”,
(d)in paragraph 4—
(i)in sub-paragraph (1)—
(aa)in the definition of “disposal”, in the opening words, before “includes”, insert “, in relation to radioactive waste,”,
(bb)after the definition of “disposal” insert—“• “high-activity sealed source” means a sealed source where the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Table 4,”
(cc)in the definition of “nuclear site”, renumber paragraph (e) as (a), and paragraph (f) as (b),
(dd)after the definition of “radioactive substance” insert—“• “sealed source” means a radioactive source in which the radioactive substance is permanently sealed in a capsule or incorporated in a solid form with the objective of preventing under normal conditions of use, any dispersion of radioactive substances.”
(ii)in sub-paragraph (2), before “waste” each time it appears, insert “radioactive”,
(e)in paragraph 5, omit the definitions of “high-activity sealed source” and “sealed source”,
(f)in paragraph 6(4), after “radioactive”, insert “,”,
(g)in paragraph 13(b), before “waste” the second time it appears, insert “radioactive”,
(h)in paragraph 14(2)—
(i)omit head (a),
(ii)in head (b), after “site”, insert “arising from the operation or decommissioning of that nuclear site”,
(i)in paragraph 18—
(i)in sub-paragraph (1), before “waste” each time it appears, insert “radioactive”,
(ii)in sub-paragraph (3), for “high-activity sealed source” substitute “sealed source in IAEA Categories 1 to 4”,
(j)in paragraph 19—
(i)after “unless”, insert—“—”
(ii)from “the activity” to the end becomes sub-paragraph (a),
(iii)at the end of new sub-paragraph (a), insert—“insofar as those regulations apply to the activity, orb it is an existing class or type of practice.”
(k)in paragraph 22(2), after “carried on”, insert “at”,
(l)in paragraph 23(c)(vii), before “waste”, on each occasion it appears, insert “radioactive”,
(m)in paragraph 26—
(i)for the heading, substitute “General Principles of Radiological Protection: Optimisation and Dose Limitation”,
(ii)in sub-paragraph (2), after “individual”, insert “member of the public”,
(iii)for sub-paragraph (4)(a) substitute—“a ICRP publication 144: Dose Coefficients for External Exposures to Environmental Sources”
(n)in paragraph 27(1), after “doses”, insert “to an individual member of the public”,
(o)in paragraph 36(1)—
(i)in the opening words, before “waste” the second place it occurs, insert “radioactive”,
(ii)in head (a), before “waste”, insert “radioactive”,
(p)in Part 6, in column 2 of Table 4—
(i)for “6 x 10 -2” in each place it appears, substitute—“6 x 10-2”
(ii)for “2 x 10 -2”, substitute—“2 x 10-2”
(iii)for “5 x 10 – 2”, substitute—“5 x 10-2”
(iv)for “3 x 10 -2”, substitute—“3 x 10-2”
(v)for “1 x 10 -1”, substitute—“1 x 10-1”
(vi)for “1 x 10 0”, in each place it appears, substitute—“1”
(vii)for “8 x 10 -2”, substitute—“8 x 10-2”
(viii)for “4 x 10 1”, substitute—“4 x 101”
(ix)for “4 x 10 – 2”, substitute—“4 x 10-2”
(x)for “2 x 10 -1”, substitute—“2 x 10-1”
(xi)for “2 x 10 1”, substitute—“2 x 101”
(xii)“3 x 10 – 1”, substitute—“3 x 10-1”
40Amendment of schedule 9 (general binding rules)#
In schedule 9 (general binding rules), in Part 1—
(a)after the Part heading (general binding rules), insert—“”
(b)in the table entry for activity 2—
(i)in column 1, after “management”, insert “(other than the treatment and disposal),”,
(ii)in column 2—
(aa)for paragraph (c), substitute—“c a smoke detector must not be transferred to a person who is not legally entitled to manage it.”
(bb)omit paragraph (d),
(c)in the table entry for activity 5, in column 2, in paragraph (c), omit “waste”,
(d)in the table entry for activity 7, in column 2—
(i)in paragraphs (b) and (d), before “waste” each time it appears, insert “radioactive”,
(ii)after paragraph (e) insert—“f the maximum amount of uranium or thorium that can be held on a premises at any time is 5 kilograms.”
(e)in the table entry for activity 8, in column 2—
(i)in paragraph (e), before “waste” insert “radioactive”,
(ii)in paragraphs (f), (g) and (h)—
(aa)omit “human” wherever it appears,
(bb)before “waste” each time it appears, insert “radioactive”,
(iii)after paragraph (h) insert—“i the maximum amount of a radioactive substance that can be held on a premises at any time is—i 1 x 109 becquerels of Tc-99m, andii 2 x 108 becquerels of all other radionuclides, no more than 1 x 108 becquerels of which may be radioactive material.”
(f)in the table entry for activity 10—
(i)in column 1, substitute—“10 The disposal of gaseous radioactive waste which contains no radionuclides other than Kr-85.”
(ii)in column 2, in paragraphs (a) and (b), before “waste” insert “radioactive”,
(g)in the table entry for activity 11,
(i)in column 1—
(aa)in paragraph (a), for “column 2” substitute “column 3”,
(bb)in paragraph (b), for “column 3” substitute “column 2”,
(ii)in column 2—
(aa)in paragraph (f)(i), for “T1-201”, substitute, “Tl-201”,
(bb)in paragraph (h), before “waste” insert “radioactive”,
(cc)after paragraph (h) insert—–“i the total activity of radioactive waste disposed of in normal refuse in a year must not exceed—i 2 x 109 becquerels for tritium or C-14,ii 2 x 108 becquerels for any other radionuclide,”
(h)after table, insert—“Column 1ActivityColumn 2Ruleswhen the well or borehole is no longer required, it must be back filled or sealed to the extent necessary to—(i) avoid loss of groundwater from any aquifer, and(ii) avoid the introduction, into any body of groundwater, of—(aa) any substances or heat which may give rise to harm to the water environment, or(bb) water of a different chemical composition,The abstraction must not cause the introduction to any body of groundwater of—(i) any substances or heat which may give rise to harm to the water environment, or(ii) water of a different chemical composition,”
(i)In Part 2 (interpretation of general binding rules), paragraph 1—
(i)before the definition for “barium eluting source”, insert—“• “agriculture” has the meaning given in paragraph 4 of schedule 18 of these Regulations,• “application” means the spreading, spraying, incorporating or injecting into or onto land,• “arrestment equipment” means equipment used to mitigate the effects of emissions,• “bank reprofiling” means the alteration of the slope of the bank of a river, burn, ditch or loch,”
(ii)after the definition for “barium eluting source”, insert—“• “bed width” means the straight line distance that is between the opposite bank toes of a river, burn or ditch, and which spans the bed of the river, burn or ditch, including any exposed bars and vegetated islands,• “buffer zone” means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the water environment,”
(iii)after the definition for “category 5 sealed source”, insert—“• “channel width” means the straight line distance that is between opposite bank tops of a river, burn or ditch and which spans the bed of a river, burn or ditch, including any exposed bars and vegetated islands,”
(iv)after the definition for “Class C gaseous tritium light device”, insert—“• “collection point” means a place used for the collection of waste by a person where that person does not—(a) receive payment for collecting the waste, or(b) collect waste as their main business activity,• “constructed farm wetland” means a series of ponds for the treatment of slurry or silage effluent consisting mainly of rainwater, which have been constructed in such a manner that any discharge from the ponds does not result in the introduction of any substances or heat which may give rise to harm to the water environment,• “container” means a single or double skinned fixed tank, a drum, a mobile bowser or (even if not connected to fixed pipe or fixed pipework) an intermediate bulk container,• “conventionally treated sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,• “crop” includes any plant grown for a commercial purpose,• “crossing” means any structure which is constructed and installed for the purpose of supporting a footpath, cycle route or transport route across any river, burn, ditch or loch or any pipe, pipeline or cable which crosses over or underneath any river, burn, ditch or loch, but excluding temporary crossings, impounding works and culverts installed for land gain,• “cultivation” includes the preparation of land prior to planting, and the harvesting of any crop,• “designated mineral or mineral product” means—(a) clay, sand and any other naturally occurring mineral other than coal or lignite,(b) metallurgical slag,(c) gypsum which is a by-product of any activity,• “dewatered” in relation to digestate means digestate which—(a) has had liquid removed from it so that it consists of at least 20% dry material, and(b) is capable of being stacked in a free-standing heap without slumping and without liquid draining from the heap,”
(v)for the definition of “disposed of in normal refuse”, substitute—“• means disposed of with substantial quantities of solid waste that is not radioactive waste for landfill or incineration, where—(a) the solid waste meets the definition of “waste” in section 75(2) of the Environmental Protection Act 1990, read with section 75A of that Act, and(b) the radioactive waste will be mixed with such solid waste for the purposes of such burial, incineration or recovery,”
(vi)after the definition of “disposed of in normal refuse”, insert—“• “ditch” means an open channel which collects and conveys drainage water from surface or subsurface drainage to the wider surface water environment,• “draff” means the residue of grain after fermentation of the grain in a brewing or distilling process,• “draw off pipe” means a pipe used to withdraw oil from a container,• “drum” means an oil drum or similar container used for storing oil,”
(vii)after the definition for “electrodeposited source”, insert—“• “enhanced treated sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,• “farm” means land occupied as a unit for agricultural purposes,• “farmyard manure” means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food),• “fertiliser” means any substance containing nutrients which is utilised on land to enhance plant growth, but excludes forestry brash,• “fill pipe” means a pipe used to deliver oil into a container,• “fixed tank” includes an intermediate bulk container which is connected to fixed pipework,• “forage crop” means any crop grown as food for livestock or for use in energy production,• “forest” means land of an area of more than 0.5 hectares—(a) with a tree canopy cover of more than 20 percent,(b) which is planted with trees, which trees collectively have the capacity to provide a tree canopy cover of more than 20 percent, or(c) which meets all of the following criteria—(a) it was used in the last 5 years as land described in paragraph (a),(b) it is to remain fallow of trees for a maximum of 4 consecutive years, and(c) when replanted with trees it will be replanted as land described in paragraph (b),• “forestry operations” means operations carried out on land with a tree canopy cover of more than 10% over an area of more than 0.5 hectares,• “fruit” includes top fruit including apples and pears, stone fruit including plums and cherries, soft fruit including currants and berries, vines, hops and nuts,”
(viii)after the definition for “gaseous tritium light device”, insert—“• “horticulture” includes mushrooms, nursery stock and bulbs for export, seed potatoes including those for export, basic seed production and crops grown in soil based glasshouse or polythene tunnel production including tomatoes, cucumbers, and peppers,• “housed” means kept permanently or overwintered, indoors or outside, on a collection-based slurry system,• “impermeable sheet material” means—(a) synthetic rubbers, EPDM (ethylene propylene diene monomer rubber) and butyl,(b) plastics, including polyvinyl chloride, low density polyethylene and high-density polyethylene, and(c) reinforced geomembrane,• “invasive species of plant outwith its native range” has the same meaning as in section 14P of the Wildlife and Countryside Act 1981,• “instream structure” means any structure that occupies a portion of the bed of the river, burn, ditch including bed reinforcement, jetties, platforms, marinas, croys, groynes and other flow deflectors, but excluding temporary structures, bridge piers and impounding works,• “liquid digestate” means—(a) whole digestate,(b) the liquid fraction, or(c) any run-off from the storage of fibrous residue, resulting from an anaerobic digestion process of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process,• “liquid digestate storage system” means—(a) a liquid digestate tank,(b) any feedstock tank used in connection with the liquid digestate tank, and(c) any channels and pipes used in connection with the liquid digestate tank or feedstock tank,• “liquid digestate tank” includes a lagoon or tower used for the storage of liquid digestate,• “livestock” means any animal kept for use or profit as part of a commercial enterprise,”
(ix)after the definition for “medical or veterinary radioactive substance”, insert—“• “moling” means a cultivation method if an implement is used to open a conduit within the soil along which water may flow,• “oil” means any kind of oil and includes fuel oil, waste oil and hydraulic oil,• “pesticide” has the meaning given in section 16 of the Food and Environment Protection Act 1985,• “place of production” means, in relation to any waste, the place where the waste was originally produced,• “plant protection products” means products, in the form in which they are supplied to the user, consisting of, or containing, active substances, safeners or synergists, and intended for one of the following uses—(a) protecting plants or plant products against all harmful organisms or preventing the action of such organisms, unless the main purpose of these products is considered to be for reasons of hygiene rather than for the protection of plants or plant products,(b) influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient,(c) preserving plant products,(d) destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants,(e) checking or preventing undesired growth of plants, except algae unless the products are applied on soil or water to protect plants,• “precision equipment” means equipment capable of low emission, accurate application techniques including a dribble bar or band spreader, trailing hose, trailing shoe or direct injection,• “private dwelling” means any part of a building used or intended to be used as a dwelling,• “reception pit” means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank,”
(x)after the definition for “relevant sewer”, insert—“• “revetment” means a modification to a bank of a river, burn, ditch or loch that increases the resistance of the bank to lateral erosion,• “rip rap” means irregular shaped stones placed along a bank of a river, burn, ditch or loch for the purpose of increasing the resistance of the bank to erosion,• “rural land use activities” means agricultural, forestry or leisure activity,• “salad crops” includes lettuce, radish, onions, beans including runner, broad, and dwarf French, vining peas, mangetout, cabbage, cauliflower, calabrese or broccoli, courgettes,celery, red beet, carrots, herbs, asparagus, garlic, shallot, spinach, chicory and celeriac,”
(xi)after the definition for “sea”, insert—“• “secondary containment system” means a drip tray, an area surrounded by a bund or catchpit, or any other system for preventing liquid which is no longer in its container from escaping from the place where it is stored or treated,• “sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,• “silage” means any forage crop (including draff) which is being, or has been, conserved by fermentation or preservation (including the use of additives), or both,• “silage effluent” means—(a) effluent produced from any forage crop which is being made or has been made, into silage,(b) a mixture consisting wholly of or containing such effluent, rainwater or groundwater emanating from a silo, silage effluent collection system or drain,• “silo” means any structure used for making or storing silage,• “slurry” includes—(a) excreta, including any liquid fraction, produced by livestock whilst in a yard or building (including woodchip corrals), and(b) a mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or middens, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present,• “slurry storage system” means—(a) a slurry storage tank,(b) any reception pit and any effluent tank used in connection with the slurry storage tank, and(c) any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank,• “slurry storage tank” includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry,”
(xii)omit the definitions for “sealed source” and “sewer”, “public sewer”, “private sewer”, “sewage treatment works” and “sewage”,
(xiii)after the definition for “smoke detector”, insert—“• “soil improvement” has the meaning given in paragraph 2 of schedule 18 of these Regulations,• “SUD system” has the meaning given in section 59 of the Sewerage (Scotland) Act 1968,• “surface water drainage system” means a system, such as system that is used to collect and drain water run-off from one or more premises and transport it to, and discharge it into, the water environment, and may include, among other things, any surface water sewers and associated inlets, outfalls, gullies, manholes, oil interceptors, silt traps, and attenuation, settlement and treatment facilities,”
(xiv)for the definition of “Table 1” and “Table 2”, substitute—“• “Table 1”, “Table 2” and “Table 3” mean the tables with that number in Part 3,• “temporary crossing” means any crossing which will be removed within a period of 12 months beginning with the date on which its installation commences,• “temporary structure” means any structure, excluding impounding works, which will be removed within a period of 12 months beginning with the date on which its installation commences,”
(xv)after the definition for “thorium alloy”, insert—“• “trade effluent” has the meaning given in section 59 of the Sewerage (Scotland) Act 1968,• “treated sewage sludge” has the meaning given in regulation 4 of schedule 18 of these Regulations,• “trees or parts of trees” includes any root wads, brash, stakes made of live willow and willow spiling but does not include timber products or wood prepared for use in building or carpentry,”
(xvi)after the definition for “tritium source”, insert—“• “trunk road” has the meaning given in section 151 of the Roads (Scotland) Act 1984,• “uncultivated land” means land which has not been ploughed, rotovated or improved by management practices, but excludes land mounded for the purpose of planting riparian woodland),”
(xvii)after the definition for “uranium or thorium compound”, insert—“• “vegetable crops” includes potatoes, leeks, sweetcorn, brussels sprouts, parsnips, swedes or turnips, marrows, pumpkins, squashes, rhubarb and artichokes,• “water for human consumption” means water that may be ingested by humans, used in the preparation of food or drink, or used in the cleaning of materials involved in the storage or consumption of food or drink,• “water-bound road” means a road or track constructed of coarse stone and fine aggregate to form a tightly bound semi-impervious surface,• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices and passages through which water flows and includes artificial watercourses and underground watercourses,• “waterlogged” means soil which is at water retaining capacity, except in a forest where it means where water is visible on the soil surface,• “water run-off” means any water from rainfall or any meltwater from ice or snow flowing over or horizontally through the surface of the ground and any matter picked up by that water as it does so,• “well” includes a permeable underground collection tank,• “willow spiling” means live willow rods woven between live willow uprights driven into the bank or bed of a watercourse.”
(j)in Part 2, in paragraph 2(1)(c) for “Table 2” substitute “Table 1”,
(k)in Part 2, in paragraph 3—
(i)in sub-paragraph (d) for “normal refuse” substitute “waste”,
(ii)in sub-paragraph (g), before “waste” insert “radioactive”,
(l)in Part 3—
(i)in Table 2 for “1 x 100” each time it appears, substitute “1”,
(ii)after Table 2 (including the notes to the Table and the table listing parent radionuclides and their progeny), insert—“”
Part 3 · Amendment of the 2013 Regulations
41Amendment of the 2013 Regulations#
(1)The 2013 Regulations are amended in accordance with this regulation.
(2)In regulation 2(1) (interpretation)—
(a)for the definition of “hazardous substance” substitute—“• “groundwater hazardous substance” means a substance identified in accordance with regulation 24A,”
(b)for the definition of “pollutant” substitute—“• “pollutant” means any substance or heat liable to cause pollution to the water environment, including those listed in the schedule,”
(c)after the definition of “SEPA”, insert—“• “substance” includes any chemical element and its compounds (including bacteria and other pathogens),”
(3)After regulation 24 (measures to prevent or limit inputs of pollutants into groundwater), insert—“24A 1 SEPA must identify—a substances or groups of substances which are toxic, persistent and liable to bio-accumulate, and other substances or groups of substances which give rise to an equivalent level of concern, andb substances or groups of substances which are entering, or liable to enter groundwater.2 In identifying the substances referred to in paragraph (1), SEPA must take particular account of substances belonging to the families or groups of pollutants referred to in paragraphs 1 to 6 of the schedule as well as substances belonging to the families or groups of pollutants referred to in paragraphs 7 to 9 of the schedule, if those are considered to be hazardous.3 SEPA must publish and maintain a list of the substances identified in accordance with paragraph (1).”
(4)Schedule 20 of these Regulations is inserted as the schedule to the 2013 Regulations.
Part 4 · Miscellaneous
Schedule 1 · New schedule 10 to be inserted into the 2018 regulations
Schedule 2 · New schedule 11 to be inserted into the 2018 regulations
Schedule 3 · New schedule 12 to be inserted into the 2018 regulations
Schedule 4 · New schedule 13 to be inserted into the 2018 regulations
Schedule 5 · New schedule 14 to be inserted into the 2018 regulations
Schedule 6 · New schedule 15 to be inserted into the 2018 regulations
Schedule 7 · New schedule 16 to be inserted into the 2018 regulations
Schedule 8 · New schedule 17 to be inserted into the 2018 regulations
Schedule 9 · New schedule 18 to be inserted into the 2018 regulations
Schedule 10 · New schedule 19 to be inserted into the 2018 regulations
Schedule 11 · New schedule 20 to be inserted into the 2018 regulations
Schedule 12 · New schedule 21 to be added into the 2018 regulations
Schedule 13 · New schedule 22 to be inserted into the 2018 regulations
Schedule 14 · New schedule 23 to be added into the 2018 regulations
Schedule 15 · New schedule 24 to be added into the 2018 regulations
Schedule 16 · New schedule 25 to be added into the 2018 regulations
Schedule 17 · New schedule 26 to be inserted into the 2018 regulations
Schedule 18 · New schedule 27 to be inserted into the regulations
Schedule 19 · New schedule 28 to be inserted into the regulations
Schedule 20 · New schedule to be inserted into the 2013 regulations
Schedule 21 · Repeals and revocations
Part 1 · Repeals
(1)The enactments listed in column 1 of the Table are repealed to the extent specified in column3.
| Legislation | Reference | Extent of Repeal |
|---|---|---|
| Control of Pollution (Amendment) Act 1989 | 1989 c. 14 | The whole Act. |
| Environmental Protection Act 1990 | 1990 c. 43 | Sections 34(3)(c), (d) and (e), 35 to 42, 43(1), (2A) to (7), 44, 74, 77(2) and the definition of “existing disposal licence” in section 77(1).Schedule 15 paragraph 31. |
| Natural Heritage (Scotland) Act 1991 | 1991 c. 28 | Schedule 2, paragraph 10(2). |
| Environment Act 1995 | 1995 c. 25 | Section 114(2)(a)(ii), and in head (iii), the reference to section 43.Schedule 19, paragraph 3.Schedule 22, paragraphs 37, 66 to 77. |
| Town and Country Planning (Scotland) Act 1997 | 1997 c. 8 | Section 150(7)(c). |
| Pollution Prevention and Control Act 1999 | 1999 c. 24 | Section 4.Schedule 2, paragraph 5. |
| Nature Conservation (Scotland) Act 2004 | 2004 asp 6 | Schedule 7, paragraph 7. |
| Antisocial Behaviour etc. (Scotland) Act 2004 | 2004 asp 8 | Schedule 2, paragraph 8. |
| Water Resources (Scotland) Act 2013 | 2013 asp 5 | Sections 21(3)(b), (4) and (5), and 50(3)(b). |
| Regulatory Reform (Scotland) Act 2014 | 2014 asp 3 | Sections 47 and 48.Schedule 3, paragraph 3(2). |
| The Circular Economy (Scotland) Act 2024 | 2024 asp 13 | Section 20(1) and (3). |
Part 2 · Revocations
(2)The enactments listed in column 1 of the Table are revoked to the extent specified in column3.
| Legislation | Reference | Extent of Revocation |
|---|---|---|
| Control of Pollution (Licensing of Waste Disposal) (Scotland) Regulations 1977 | S.I. 1977/2006 | The whole instrument, insofar as not previously revoked. |
| Sludge (Use in Agriculture) Regulations 1989 | S.I. 1989/1263 | The whole instrument. |
| Sludge (Use in Agriculture) (Amendment) Regulations 1990 | S.I. 1990/880 | The whole instrument. |
| Environmental Protection (Applications, Appeals and Registers) Regulations 1991 | S.I. 1991/507 | The whole instrument, insofar as not previously revoked. |
| Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 | S.I. 1991/1624 | The whole instrument. |
| Controlled Waste Regulations 1992 | S.I. 1992/588 | Regulations 9 and 10. |
| Waste Management Licensing (Amendment etc.) Regulations 1995 | S.I. 1995/288 | Regulations 3 and 4. |
| Waste Management Licensing (Amendment No. 2) Regulations 1995 | S.I. 1995/1950 | The whole instrument. |
| Environment Act 1995 (Consequential Amendments) Regulations 1996 | S.I. 1996/593 | Schedule 2, paragraphs 5 and 9. |
| Waste Management Regulations 1996 | S.I. 1996/634 | The whole instrument. |
| Waste Management Licensing (Scotland) Regulations 1996 | S.I. 1996/916 | The whole instrument. |
| Special Waste Regulations 1996 | S.I. 1996/972 | Regulations 15(6) and (6A), 17, 17A, 20, 20A and 22. |
| Environment Act 1995 (Consequential and Transitional Provisions) (Scotland) Regulations 1996 | S.I. 1996/973 | Schedule 1, paragraph 9. |
| Waste Management Licensing (Amendment) Regulations 1996 | S.I. 1996/1279 | The whole instrument. |
| Special Waste (Amendment) Regulations 1997 | S.I. 1997/251 | The whole instrument. |
| Waste Management (Miscellaneous Provisions) Regulations 1997 | S.I. 1997/351 | The whole instrument. |
| Waste Management Licensing (Amendment) Regulations 1997 | S.I. 1997/2203 | The whole instrument. |
| Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations 1998 | S.I. 1998/605 | The whole instrument. |
| Waste Management Licences (Consultation and Compensation) Regulations 1999 | S.I. 1999/481 | The whole instrument. |
| Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000 | S.S.I. 2000/62 | Schedule 8, Part 1. |
| Waste Management Licensing Amendment (Scotland) Regulations 2003 | S.S.I. 2003/171 | The whole instrument. |
| Landfill (Scotland) Regulations 2003 | S.S.I. 2003/235 | The whole instrument. |
| Landfill (Scotland) Amendment Regulations 2003 | S.S.I. 2003/343 | The whole instrument. |
| End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 | S.S.I. 2003/593 | The whole instrument. |
| Special Waste Amendment (Scotland) Regulations 2004 | S.S.I. 2004/112 | Regulation 2(11). |
| Waste Management Licensing Amendment (Scotland) Regulations 2004 | S.S.I. 2004/275 | The whole instrument. |
| Waste (Scotland) Regulations 2005 | S.S.I. 2005/22 | Regulations 4, 6 and 8. |
| Contaminated Land (Scotland) Regulations 2005 | S.S.I. 2005/658 | Regulation 2(3)(c) and (11)(b). |
| Waste Management Licensing (Water Environment) (Scotland) Regulations 2006 | S.S.I. 2006/128 | The whole instrument. |
| Waste Management Licensing Amendment (Scotland) Regulations 2006 | S.S.I. 2006/541 | The whole instrument. |
| Waste Management Licensing Amendment (Waste Electrical and Electronic Equipment) (Scotland) Regulations 2007 | S.S.I. 2007/172 | The whole instrument. |
| Waste Batteries (Scotland) Regulations 2009 | S.S.I. 2009/247 | Regulations 5 to 9. |
| Management of Extractive Waste (Scotland) Regulations 2010 | S.S.I. 2010/60 | Regulation 3(2) and (4). |
| Water Environment (Controlled Activities) (Scotland) Regulations 2011 | S.S.I. 2011/209 | The whole instrument. |
| Waste (Scotland) Regulations 2011 | S.S.I. 2011/226 | Regulations 2(5) to (11), 6(8) to (9).Schedule 1, paragraphs 10, 11, 13 and 14. |
| Waste Management Licensing (Scotland) Regulations 2011 | S.S.I. 2011/228 | The whole instrument. |
| Waste (Scotland) Regulations 2012 | S.S.I. 2012/148 | Regulations 4 and 5. |
| Pollution Prevention and Control (Scotland) Regulations 2012 | S.S.I. 2012/360 | The whole instrument. |
| Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013 | S.S.I. 2013/176 | The whole instrument. |
| Landfill (Scotland) Amendment Regulations 2013 | S.S.I. 2013/222 | The whole instrument. |
| Animal By-Products (Enforcement) (Scotland) Regulations 2013 | S.S.I. 2013/307 | Schedule 2, paragraphs 1, 2 and 23. |
| Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013 | S.S.I. 2013/323 | Regulation 27. |
| Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 | S.S.I. 2013/325 | Regulation 11. |
| Pollution Prevention and Control (Scotland) Amendment Regulations 2014 | S.S.I. 2014/267 | The whole instrument. |
| Environmental Regulation (Relevant Offences) (Scotland) Order 2014 | S.S.I. 2014/319 | Schedule 1, paragraphs 1, 7, 11 and 13.Schedule 2, paragraphs 2, 3, 4(c) to (e), 10, 12, 20, 21 and 23.Schedule 3, paragraphs 1, 7, 11, and 13.Schedule 4, paragraphs 1, 2, 7 and 8. |
| Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014 | S.S.I. 2014/324 | Schedule 1, paragraphs 5, 6, 10, 16 and 17. |
| Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 | S.I. 2014/469 | Schedule 2, paragraph 12.Schedule 3, paragraph 206. |
| Scottish Landfill Tax (Administration) Regulations 2015 | S.S.I. 2015/3 | Regulation 29(9)(f), (g) and (h). |
| Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 | S.S.I. 2015/438 | Articles 3, 7 and 8. |
| Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 | S.S.I. 2015/100 | Schedule 1, paragraphs 2, 3 and 34. |
| Waste (Recyclate Quality) (Scotland) Regulations 2015 | S.S.I. 2015/101 | The whole instrument. |
| Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015 | S.S.I. 2015/188 | Regulations 4, 11 and 12. |
| Water Environment (River Basin Management Planning etc.) (Miscellaneous Amendments) (Scotland) Regulations 2015 | S.S.I. 2015/211 | Regulation 5. |
| Control of Major Accident Hazards Regulations 2015 | S.I. 2015/483 | Schedule 6, paragraph 7. |
| Water Environment (Remedial Measures) (Scotland) Regulations 2016 | S.S.I. 2016/19 | Regulations 8(3), 11(2) and (3), 22 and the definition of “the 2011 Regulations” in regulation 2. |
| Pollution Prevention and Control (Scotland) Amendment Regulations 2016 | S.S.I. 2016/39 | The whole instrument. |
| Waste Management Licensing (Scotland) Amendment Regulations 2016 | S.S.I. 2016/40 | The whole instrument. |
| Water Environment (Amendment of Part IIA of the Environmental Protection Act 1990: Contaminated Land) (Scotland) Regulations 2016 | S.S.I. 2016/99 | The whole instrument. |
| Dangerous Goods in Harbour Areas Regulations 2016 | S.I. 2016/721 | Schedule 5, paragraph 11. |
| Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 | S.S.I. 2017/114 | Regulation 51(1) to (3). |
| Water Environment (Miscellaneous) (Scotland) Regulations 2017 | S.S.I. 2017/389 | Regulations 2 to 7. |
| Environmental Authorisations (Scotland) Regulations 2018 | S.S.I. 2018/219 | Schedule 6, paragraphs 11 and 12. |
| Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 | S.S.I. 2018/391 | Regulations 3, 8, 12, 13 and 16. |
| Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 | S.S.I. 2019/26 | Regulations 7(7) and (8), 9 to 11. |
| Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019 | S.S.I. 2019/175 | Regulation 4. |
| Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 | S.S.I. 2019/421 | Schedule 5, paragraph 7. |
| Environment (EU Exit) (Scotland) (Amendment etc.) (No. 2) Regulations 2019 | S.S.I. 2019/436 | Regulation 6. |
| Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 | S.I. 2019/620 | Regulation 4. |
| Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 | S.S.I. 2020/314 | Regulations 3(3), 4, 7 and 8. |
| Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020 | S.I. 2020/620 | Schedule 1, paragraph 3. |
| Road Vehicles (Approval) Regulations 2020 | S.I. 2020/818 | Schedule 6, paragraph 19. |
| Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 | S.S.I. 2021/412 | The whole instrument. |
| Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 | S.I. 2023/374 | Schedule 2, paragraphs 3, 21 and 23. |
Schedule 22 · Consequential Amendments
Part 1 · Public general acts
(1)
(1)The Sewerage (Scotland) Act 1968 is amended in accordance with sub-paragraphs (2) to (5).
(2)In section 29A(1) (priority substances etc), 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)In section 38A (application of part) and section 38C (common maintenance), for “Controlled Activities Regulations” wherever it appears, substitute, “2018 Regulations”.
(4)For the title to section 38H, substitute—“”
(5)In section 38H (controlled activities regulations)—
(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,”,
(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”.
(2)
(1)The Environmental Protection Act 1990 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.)—
(a)for “a waste management licence” in each place where it appears, substitute “an authorisation under the Environmental Authorisations (Scotland) Regulations 2018”,
(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”.
(3)In section 34 (duty of care etc. as respects waste)—
(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, 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, 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, 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”.
(5)In section 78A (preliminary), 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, ore 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)—
(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”) 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).
(3)In schedule 18 (compensation provisions referred to in section 80) of the Planning and Compensation Act 1991, in Part 1, omit the entries in the table relating to the Environmental Protection Act 1990.
(4)In schedule 9 (certificates as to proof of certain routine matters) of the Criminal Procedure (Scotland) Act 1995, omit the entries in the table relating to the Control of Pollution (Amendment) Act 1989 and the Water Environment (Controlled Activities) (Scotland) Regulations 2011.
(5)
(1)The Environment Act 1995 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), 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—(a) harm to the quality of the water environment taken as a whole,(b) 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 or regulations made under that Act,p in relation to SEPA, the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003, the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 and the Water Environment (Remedial Measures) (Scotland) Regulations 2016 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)—
(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)—
(a)omit head (d),
(b)for head (e) substitute—“e regulation 55(1)(o) or (p) of the Environmental Authorisations (Scotland) Regulations 2018.”
(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, substitute—“iii regulation 69(1)(a) of the Environmental Authorisations (Scotland) Regulations 2018; or”
(7)In section 69 (protection of the water environment) of the Forth Crossing Act 2011, 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”.
(8)
(1)The Water Resources (Scotland) Act 2013 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,”
(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,”,
(ii)in paragraph (c), for “regulation 11 (including as applied by regulation 24)” substitute “regulations 16, 19, 22 or 25”.
Part 2 · Subordinate legislation
(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 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”.
(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”.
(10)In regulation 7(1) (waste not to be treated as industrial or commercial waste) of the Controlled Waste Regulations 1992—
(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.”
(b)omit sub-paragraph (c).
(11)
(1)The Conservation (Natural Habitats, &c.) Regulations 1994 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”.
(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”.
(4)Revoke regulation 83.
(5)For regulation 84 (licences under part II of the Environmental Protection Act 1990), substitute—“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 (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.”
(12)In the Landfill Tax Regulations 1996, 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,i an order granted under regulation 75 of the Environmental Authorisations (Scotland) Regulations 2018.”
(b)omit sub-paragraphs (i), (j) and (k).
(13)
(1)The Special Waste Regulations 1996 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;”
(c)after the definition of “domestic waste” insert—“• “environmental authorisation” means a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018;”
(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”.
(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, omit “20”.
(15)In the Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005, 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”.
(16)In the Transfrontier Shipment of Waste Regulations 2007, 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”.
(17)In the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008, 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 to collect, recover or dispose of manure;”
(18)In the Environmental Liability (Scotland) Regulations 2009, 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).”
(19)In the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011, 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”,
(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.”
(20)In the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011, 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.”.
(21)
(1)The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 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.”
(3)In regulation 6(1)(b)(ii), for “Pollution Prevention and Control (Scotland) Regulations 2012” substitute “Environmental Authorisations (Scotland) Regulations 2018”.
(22)In article 9(4)(d) of the Feed-in Tariffs Order 2012 for “Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “Environmental Authorisations (Scotland) Regulations 2018”.
(23)In the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013, 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.”
(24)In the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014, 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,”
(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)”.
(25)In the Environmental Protection (Duty of Care) (Scotland) Regulations 2014, 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. | 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. |
(26)In the Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014, in schedule 1 (specified activities), for paragraph 2 substitute—“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.”
(27)
(1)The Control of Major Accident Hazards Regulations 2015 are amended in accordance with sub-paragraphs (2) to (4).
(2)In regulation 2 note (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;”
(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”.
(28)
(1)The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 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—“”
(29)In the Packaging (Essential Requirements) Regulations 2015, 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;”
(30)In the Scottish Landfill Tax (Administration) Regulations 2015, in regulation 29(9) (bodies eligible for approval), omit sub-paragraphs (b) to (d), and (i) to (l).
(31)In the Scottish Landfill Tax (Exemption Certificates) Order 2015, 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”.
(32)In the Network Rail (Glasgow Queen Street Station) Order 2017, in article 37 (protection of the water environment), for “Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “Environmental Authorisation (Scotland) Regulations 2018”.
(33)In the Renewable Heat Incentive Scheme Regulations 2018, 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”.
(34)
(1)The Green Gas Support Scheme Regulations 2021 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”,
(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”
(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, 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”.
(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, 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”.
(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, for “the Pollution Prevention and Control Regulations 2012” substitute “the Environmental Authorisations (Scotland) Regulations 2018”.
(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) , for “Pollution Prevention and Control (Scotland) Regulations 2012” substitute “Environmental Authorisations (Scotland) Regulations 2018”.
Schedule 23 · Transitional and savings provisions
Part 1 · General
(1)In this schedule—• “the 1989 Act” means the Control of Pollution (Amendment) Act 1989,• “the 1990 Act” means the Environmental Protection Act 1990,• “the 1991 Regulations” means the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991,• “the 2011 Regulations” means the Waste Management Licensing (Scotland) Regulations 2011,• “the 2012 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2012,• “the 2018 Regulations” means the Environmental Authorisations (Scotland) Regulations 2018,• “the CAR Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2011,• “applicable standard conditions” means conditions determined by SEPA in accordance with regulation 33 of the 2018 Regulations for a particular regulated activity,• “authorised person” has the meaning given in regulation 5 of the 2018 Regulations,• “bed width” means the straight line distance that is between the opposite bank toes of a river, burn or ditch, and which spans the bed of the river, burn or ditch, including any exposed bars and vegetated islands,• “CAR closed culvert registration activity” means a water activity under the CAR Regulations falling within the description of building or engineering works for closed culverts used for footpaths, cycle route, single track roads or single track railways in rivers equal to or less than 2 metres wide,• “concluded” means, in relation to an application, that—(a) the application has been granted, refused or withdrawn, and(b) the period allowed for appeals has passed or, where an appeal has been made during that period, the appeal has been determined or withdrawn,• “crossing” means any structure which is constructed and installed for the purpose of supporting a footpath, cycle route or transport route across any river, burn, ditch or loch or any pipe, pipeline or cable which crosses over or underneath any river, burn, ditch or loch, but excluding temporary crossings, impounding works and culverts installed for land gain,• “crossing registration activity” means a water activity under the 2018 Regulations falling within the description of building or engineering works for the installation of a crossing (excluding crossings with piers, causeways and fords) across a watercourse that has a bed width of less than or equal to 2 metres or a loch where—(a) part of the crossing is on the bed and the total cumulative length of channel affected is no more than 15 metres, and(b) the total cumulative length of all banks affected is less than or equal to 50 metres,• “existing broker or dealer registration” means an existing broker or dealer registration in accordance with paragraph 4 of schedule 5 of the 2011 Regulations in effect immediately before the relevant date,• “existing complex waste exemption” means an exempt activity—(a) as defined in regulation 2 of the 2011 Regulations,(b) as described in paragraphs 7, 8(2), 9, 10, 12, 19, 42, 46, 47, or 49 to 51 of schedule 1 of the 2011 Regulations,(c) registered before the relevant date in accordance with regulation 19(1) and regulation 25 of the 2011 Regulations, and(d) where that registration has effect immediately before the relevant date,• “existing medium combustion plant” means a medium combustion plant put into operation on or before 20 December 2018,• “existing PPC permit” means a permit—(a) granted, or treated as granted, or having effect as if granted under the 2012 Regulations on or before the relevant date, or(b) granted under the Pollution Prevention and Control (Scotland) Regulations 2000 on or before 6 January 2013 (other than a permit revoked by paragraph 2 of schedule 10 of the 2012 Regulations), and(c) in effect immediately before the relevant date,• “existing Part A PPC permit” means an existing PPC permit in relation to a Part A installation as defined in regulation 12(1) of the 2012 Regulations,• “existing Part B PPC permit” means an existing PPC permit in relation to a Part B installation as defined in regulation 12(1) of the 2012 Regulations,• “existing PCTW registration” means a PCTW registration in accordance with paragraph 12 of schedule 4 of the 2011 Regulations in effect immediately before the relevant date,• “existing solvents permit” means an existing PPC permit in relation to a solvent emissions activity as defined in regulation 12(1) of the 2012 Regulations,• “existing waste carrier registration” means a waste carrier registration under regulation 6 of 1991 Regulations in effect immediately before the relevant date,• “existing waste management licence” means a waste management licence granted, treated as granted or having effect as if granted under the 1990 Act in effect immediately before the relevant date,• “existing waste exemption” means an exempt activity—(a) as defined in regulation 2 of the 2011 Regulations,(b) registered before the relevant date in accordance with regulation 19(1) of the 2011 Regulations, and(c) where that registration has effect immediately before the relevant date,but not including an existing complex waste exemption,• “existing water authorisation” means—(a) an existing water use licence,(b) an existing water registration,• “existing water use licence” means a water use licence granted, treated as granted or having effect as if granted under regulation 8 of the CAR Regulations on or before the relevant date and in effect immediately before the relevant date,• “existing water registration” means a registration granted, or treated as granted, or having effect as if granted under regulation 7 of the CAR Regulations on or before the relevant date and in effect immediately before the relevant date,• “operator” has the meaning given in regulation 2(1) of the 2012 Regulations,• “pipe/cable crossing registration activity” means a water activity falling within the description of building or engineering works for the laying of a pipeline or cable crossing beneath the bed of an inland surface water by isolated open cut or mole plough,• “PPC Part B sunset date” means the date from which existing PPC Part B permits will be treated as registrations under the 2018 Regulations, that is 1 March 2026,• “PCTW” means professional collectors and transporters of waste, that is persons, establishments or undertakings falling within regulation 2(1)(a), (b), (f), (g), (i) or (j) of the 1991 Regulations who collect or transport waste as a normal and regular part of their activities and are required to be registered with SEPA in accordance with paragraph 12 of schedule 4 of the 2011 Regulations,• “PCTW expiry date” means the date by which any person with an existing PCTW registration must have, or must have applied for, an authorisation under the 2018 Regulations, that is 1 April 2027,• “relevant date” means 1 November 2025,• “waste carriers sunrise date” means the date from which waste carriers, brokers or dealers, and professional collectors or transporters of waste can no longer register, or where applicable, renew their existing registrations, that is 1 April 2026,• “waste exemptions sunset date” means the date from which holders of existing waste exemptions and existing complex waste exemptions, but not including exemptions under paragraph 8(1)(a) of schedule 1 of the 2011 Regulations, will require to be authorised or to be deemed to be authorised under the 2018 Regulations, that is 1 November 2026,• “water sunset date” means the date from which existing water registrations are treated as registrations under the 2018 Regulations, that is 1 March 2026.
Part 2 · Water Activities
(2)
(1)An existing water use licence which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations), has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).
(2)In accordance with sub-paragraph (1)—
(a)any condition subject to which an existing water use licence is granted has effect as if it were a condition attached to the deemed permit,
(b)the responsible person in relation to the existing water use licence is to be treated as the authorised person in respect of the deemed permit.
(3)SEPA may not revoke a deemed permit on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity before the date falling 6 months after the relevant date.
(4)In this paragraph, “responsible person” has the meaning in regulation 2 of the CAR Regulations.
(3)
(1)Subject to sub-paragraph (5) below and to paragraphs 4 and 5, an existing water registration which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) in relation to which there are applicable standard conditions has effect on or after the water sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).
(2)In accordance with sub-paragraph (1)—
(a)the deemed registration is subject to the applicable standard conditions for that regulated activity,
(b)except in relation to an existing water registration for a private sewage activity, the person notified by SEPA of the grant of the existing water registration or, as appropriate, the person who was given a consent under section 34 of the Control of Pollution Act 1974 or, as appropriate, the person who held an authorisation or applied for an authorisation under regulation 18 of the Groundwater Regulations 1998 to which paragraph 9 of schedule 10 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 applied, will be treated as the authorised person in respect of the deemed registration.
(3)Subject to paragraphs 4 and 5, an existing water registration which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) in relation to which there are no applicable standard conditions, has effect on or after the water sunset date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).
(4)In accordance with sub-paragraph (3)—
(a)any condition subject to which an existing water registration is granted has effect as if it were a condition attached to the deemed permit,
(b)the person notified by SEPA of the grant of the existing water registration or, as appropriate, the person who was given a consent under section 34 of the Control of Pollution Act 1974 or, as appropriate, the person who held an authorisation or applied for an authorisation under regulation 18 of the Groundwater Regulations 1998 to which paragraph 9 of schedule 10 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 applied, will be treated as the authorised person in respect of the deemed permit,
(5)Where the person referred to in sub-paragraph (2)(b) or, in relation to an existing water registration for a private sewage activity, the person deemed to be the authorised person by paragraph 4(2) of schedule 10 of the 2018 Regulations applies for a permit under the 2018 Regulations in relation to the activity authorised by that registration before the water sunset date—
(a)the existing water registration has effect from the date on which the application is made as if it were a permit (“a deemed permit”) until the application is determined under the 2018 Regulations,
(b)any condition subject to which the existing water registration is granted has effect as if it were a condition attached to the deemed permit,
(c)the applicant is to be treated as the authorised person until the date on which the application is determined under the 2018 Regulations.
(6)SEPA may not revoke a deemed permit or a deemed registration under this paragraph on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity before the date falling 6 months after the water sunset date.
(4)
(1)An existing water registration which authorised a CAR closed culvert registration activity, to the extent that it authorised a CAR closed culvert registration activity, has effect on or after the water sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).
(2)A deemed registration for a CAR closed culvert registration activity is subject to the standard conditions applicable to a crossing registration activity under the 2018 Regulations.
(5)
(1)An existing water registration which authorised a pipe/cable crossing registration activity, to the extent that it authorised a pipe/cable crossing registration, has effect on or after the water sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).
(2)A deemed registration for a pipe/cable crossing registration activity is subject to the standard conditions applicable to a crossing registration activity under the 2018 Regulations.
(6)An existing water registration which specifies a date after which an activity is no longer authorised to be carried on, which falls before the relevant date, ceases to have effect on the water sunset date to the extent that it authorises that activity and any conditions that only apply to that activity do not apply.
(7)For the purposes of regulation 7 of the 2018 Regulations, an existing water registration is—
(a)to be treated as an authorisation (“a deemed authorisation”) under the 2018 Regulations, and
(b)any condition subject to which the existing water registration is granted has effect as if it were a condition attached to the deemed authorisation,
during the period between the relevant date and the earlier of the water sunset date or the date on which an application for a permit is made.
(8)An existing water registration which authorises the direct discharge of substances or heat, which may give rise to harm to the water environment into groundwater as a result of construction or maintenance works in or on the ground which come into contact with groundwater as described in activity 16 in column 1 of the table in Chapter 2 of Part 1 of schedule 9 of the 2018 Regulations, where the activity consists only of the direct discharge into groundwater of grout used to facilitate ground stabilisation, ceases to have effect on the relevant date to the extent that it authorises that activity and any conditions that only apply to that activity do not apply.
Part 3 · Emissions Activities
(9)
(1)An existing Part A PPC permit which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).
(2)In accordance with sub-paragraph (1)—
(a)any condition to which an existing Part A PPC permit is subject has effect as if it were a condition attached to the deemed permit,
(b)the operator in relation to the existing Part A PPC permit is to be treated as the authorised person in respect of the deemed permit on the relevant date.
(10)
(1)Subject to paragraph 12, an existing Part B PPC permit which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).
(2)In accordance with sub-paragraph (1)—
(a)any condition to which an existing Part B PPC permit is subject has effect as if it were a condition attached to the deemed permit,
(b)the operator in relation to the existing Part B PPC permit is to be treated as the authorised person in respect of the deemed permit.
(11)
(1)Subject to paragraph 12, an existing solvents permit which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations), has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).
(2)In accordance with sub-paragraph (1)—
(a)any condition to which an existing solvents permit is subject has effect as if it were a condition attached to the deemed permit,
(b)the operator in relation to the existing solvents permit is to be treated as the authorised person in respect of the deemed permit.
(12)
(1)Subject to sub-paragraph (4), an existing Part B PPC permit or existing solvents permit which only authorises activities described in sub-paragraph (3) has effect on or after the PPC Part B sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).
(2)In accordance with sub-paragraph (1)—
(a)the deemed registration is subject to the applicable standard conditions for that regulated activity or regulated activities (within the meaning of the 2018 Regulations),
(b)the operator in relation to the existing Part B PPC permit is to be treated as the authorised person in respect of the deemed registration.
(3)The activities are those described in—
(a)Part B(b)(ii), (c), (d) and (e) of section 1.2 of Chapter 1 of part 1 of schedule 1 of the 2012 Regulations (petrol vapour recovery),
(b)Part B(a)(ii) of section 3.1 of Chapter 3 of part 1 of schedule 1 of the 2012 Regulations (blending or use of cement in bulk),
(c)Part B(e) of section 3.5 of Chapter 3 of part 1 of schedule 1 of the 2012 Regulations (roadstone coating with bitumen), excluding roadstone coating with tar,
(d)Part B(a) of section 5.1 of Chapter 5 of part 1 of schedule 1 of the 2012 Regulations (incineration of biomass),
(e)Part B(b) of section 6.4 of Chapter 6 of part 1 of schedule 1 of the 2012 Regulations (vehicle respraying),
(f)Part B(a) and (b) of section 6.6 of Chapter 6 of part 1 of schedule 1 of the 2012 Regulations (timber manufacturing excluding chemical treatment),
(g)Part B(c)(i) of section 6.8 of Chapter 6 of part 1 of schedule 1 of the 2012 Regulations (fish ensiling) ,
(h)activity 12 in column 1 of table 1 of schedule 2 of the 2012 Regulations (dry cleaning).
(4)Where the operator, in relation to an existing Part B PPC permit or existing solvents permit which authorises an activity described in sub-paragraph (3), applies for a permit under the 2018 Regulations before the PPC Part B sunset date—
(a)the existing PPC Part B permit or existing solvents permit has effect from the date on which the application is made as if it were a permit (“a deemed permit”) until the application is determined under the 2018 Regulations,
(b)any condition to which the existing Part B PPC permit or existing solvents permit is subject has effect as if it were a condition attached to the deemed permit,
(c)the applicant is to be treated as the authorised person until the date on which the application is determined under the 2018 Regulations.
(5)For the purposes of regulation 7 of the 2018 Regulations, an existing Part B PPC permit or existing solvents permit which authorises an activity described in sub-paragraph (3)—
(a)to be treated as an authorisation (a “deemed authorisation”) under the 2018 Regulations,
(b)any condition to which the existing Part B PPC permit is subject has effect as if it were a condition attached to the deemed authorisation, and
(c)the operator in relation to the existing Part B PPC permit or existing solvents permit is to be treated as the authorised person in respect of the deemed authorisation,
during the period between the relevant date and the earlier of the PPC Part B sunset date or the date on which an application for a permit is made.
(13)An existing PPC permit which authorises an activity described in Part B(a) (crushing, grinding or other size reduction (other than the cutting of stone) or the grading, screening or heating any designated mineral product where the activity is unlikely to result in the release in the air of particulate matter), (c) (crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete) or (d) (screening) of section 3.5 of Chapter 3 of schedule 1 of the 2012 Regulations ceases to have effect on the relevant date if, and to the extent that, the activity is an activity included in activity 1 in column 1 of the table in Chapter 4 of Part 1 of schedule 9 of the 2018 Regulations and any conditions that only apply to that activity do not apply.
(14)SEPA may not revoke, on the grounds that the authorised person is not in control of the regulated activity—
(a)a deemed permit resulting from the operation of paragraphs 9 to 11, before the date falling 6 months after the relevant date,
(b)a deemed registration resulting from the operation of paragraph 12(1), before the date falling 6 months after the PPC Part B sunset date.
(15)
(1)Subject to sub-paragraphs (3) and (4), regulation 7 of the 2018 Regulations applies to the activities listed in column 1 of Table 1 from the date specified in column 2.
(2)An application for an authorisation for an activity listed in column 1 of Table 1—
(a)for activities described in paragraph 1 (combustion plant generating electricity in aggregate over 1 MW)—
(i)may only be made on or after 28 February 2028, and
(ii)must be received by SEPA by 30 June 2028,
(b)for any other activity listed in column 1 of Table 1 may only be made on or after the date falling 4 months before the specified date for that activity in column 2.
(3)Where an application for authorisation is received in accordance with sub-paragraph (2), and is not determined on or before the specified date for that activity, regulation 7 of the 2018 Regulations only applies from the date the application is determined.
(4)This paragraph does not apply to activities meeting the description of activities listed in column 1 of Table 1 where that activity is, immediately before the relevant date, subject to regulation under the 2012 Regulations.
| Other emissions activities in Part 3 of schedule 26 of the 2018 Regulations | Specified date |
|---|---|
| Activities described in paragraph 1 (combustion plants generating electricity in aggregate over 1 MW) | 1 January 2029 |
| Activities described in paragraph 68 (other carbon capture activities) | 1 April 2027 |
| Activities described in paragraph 69 (non-waste anaerobic digestion) | 1 April 2028 |
(16)
(1)Subject to sub-paragraph (4), regulation 7 of the 2018 Regulations does not apply to the operation of an existing medium combustion plant with a rated thermal input equal to or greater than 1 and less than or equal to 5 megawatts until 1 January 2029.
(2)Paragraphs 8, 9 and 11 to 13 of schedule 27 of the 2018 Regulations apply to the operation of an existing medium combustion plant with a rated thermal input equal to or greater than 1 and less than or equal to 5 megawatts on or after 1 January 2030.
(3)An application under the 2018 Regulations to operate an existing medium combustion plant where the rated thermal input of the plant is equal to or greater than 1 and less than or equal to 5 megawatts—
(a)may only be made on or after 28 February 2028, and
(b)must be received by SEPA by 30 June 2028.
(4)Where an application is made in accordance with sub-paragraph (3), regulation 7 of the 2018 Regulations only applies from the date the application is determined.
Part 4 · Waste Activities
(17)
(1)An existing waste management licence which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).
(2)In accordance with sub-paragraph (1)—
(a)any condition to which an existing waste management licence is subject has effect as if it were a condition attached to the deemed permit,
(b)the licence-holder in relation to the existing waste management licence is to be treated as the authorised person in respect of the deemed permit.
(3)SEPA may not revoke a deemed permit under this paragraph on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity before 1 April 2026.
(18)
(1)Subject to sub-paragraphs (2) and (4), an existing waste exemption continues to be an exempt activity within the meaning of the 2011 Regulations until the waste exemptions sunset date.
(2)An existing waste exemption under paragraph 8(1)(a) of schedule 1 of the 2011 Regulations ceases to have effect on the relevant date and is no longer an exempt activity within the meaning of the 2011 Regulations.
(3)Subject to sub-paragraph (4), an existing complex waste exemption continues to be an exempt activity within the meaning of the 2011 Regulations until the earlier of—
(a)the date the exemption is no longer registered under paragraph 4 of schedule 5 of the 2011 Regulations,
(b)the waste exemptions sunset date.
(4)An existing waste exemption or existing complex waste exemption ceases to have effect on the relevant date to the extent that the exempt activity is an activity included in column 1 of the table in Chapter 3 of Part 1 of schedule 9 of the 2018 Regulations.
(5)Notwithstanding the revocation of the 2011 Regulations, and subject to sub-paragraphs (6) and (7), the 2011 Regulations continue to have effect in relation to an existing waste exemption and an existing complex waste exemption.
(6)Regulations 24(2) and (3), and 27(2) and (3) of the 2011 Regulations do not have effect with respect to any existing complex waste exemption on or after 1 October 2025.
(7)Regulation 26(2) of the 2011 Regulations does not have effect from the relevant date.
(8)Regulation 7 of the 2018 Regulations does not apply to—
(a)subject to head (c), an existing waste exemption until the waste exemptions sunset date,
(b)subject to head (c), an existing complex waste exemption until the earlier of—
(i)the date that the exemption is no longer registered under paragraph 4 of schedule 5 of the 2011 Regulations,
(ii)the waste exemptions sunset date,
(c)an existing waste exemption or existing complex waste exemption to which sub-paragraph (4) applies, until the relevant date.
(19)
(1)Where an application has been made for a permit or registration under the 2018 Regulations—
(a)in relation to an existing waste exemption, before the waste exemptions sunset date,
(b)in relation to an existing complex waste exemption, before the earlier of—
(i)the waste exemptions sunset date, or
(ii)the expiry of the existing complex waste registration,
the activity is deemed to be authorised (“a deemed authorisation”) until the application is concluded.
(2)In accordance with sub-paragraph (1)—
(a)any condition or limitation to which an existing waste exemption or existing complex waste exemption was subject to under the 2011 Regulations has effect as if it were a condition attached to the deemed authorisation,
(b)the applicant is to be treated as the authorised person in respect of the deemed authorisation.
(3)Where, in relation to an existing waste exemption or existing complex exemption, an activity is deemed authorised under sub-paragraph (1), the existing waste exemption or complex waste exemption (as the case may be)—
(a)will cease to have effect, and
(b)will be deemed to have been removed from the register maintained under regulation 20 of the 2011 regulations,
from the date on which the application for registration or permit is concluded.
(20)
(1)An existing waste carrier registration which is in effect immediately before the relevant date has effect on or after the relevant date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).
(2)In accordance with sub-paragraph (1)—
(a)the deemed registration is subject to the applicable standard conditions for the authorised activity from 1 April 2026,
(b)the registered carrier will be treated as the authorised person in respect of the deemed registration,
(c)the deemed registration will cease to have effect on the date three years from—
(i)the date of registration of the existing waste carrier registration, or
(ii)if the existing waste carrier registration has been renewed, the date on which it was last renewed.
(3)SEPA may not revoke a deemed registration under this paragraph before the date falling 6 months after the relevant date on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity.
(21)An existing PCTW registration has effect on or after the relevant date as if it were an authorisation under the 2018 Regulations (“a deemed authorisation”) until the PCTW expiry date.
(22)
(1)An existing broker or dealer registration has effect on or after the relevant date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).
(2)In accordance with sub-paragraph (1)—
(a)the deemed registration is subject to the applicable standard conditions for the authorised activity of acting as a broker or dealer,
(b)the registered broker or dealer will be treated as the authorised person in respect of the deemed registration,
(c)the deemed registration will cease to have effect on the date three years from—
(i)the date of registration of the existing registration as a broker or dealer under paragraph 4 of schedule 5 of the 2011 Regulations,
(ii)if the existing registration has been renewed, the date on which it was last renewed,
(iii)if at the time of the last renewal, a request was made under paragraphs 7(2) or (3) of schedule 5 of the 2011 Regulations, the date of registration as a waste carrier.
(3)SEPA may not revoke a deemed registration under this paragraph before the date falling 6 months after the relevant date on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity.
(23)
(1)Notwithstanding the coming into force of these Regulations, new applications for authorisation in relation to the collection and transportation of waste or acting as a broker or dealer may only be made under the 2018 Regulations on or after 1 April 2026.
(2)During the period between and including 1 November 2025 and 31 March 2026, new applications for authorisation must be made in accordance with this sub-paragraph—
(a)in relation to the collection and transportation of waste—
(i)for registration as a waste carrier under the 1991 Regulations, or
(ii)for a registration as a PCTW under paragraph 12 of schedule 4 of the 2011 Regulations,
(b)in relation to acting as a broker or dealer, for registration as a broker or dealer under regulation 30 and paragraph 3 of schedule 5 of the 2011 Regulations.
(3)Registrations granted in accordance with—
(a)sub-paragraph (2)(a)(i), are to be treated as an existing waste carrier registration and as if in effect immediately before the relevant date,
(b)sub-paragraph (2)(a)(ii), are to be treated as an existing PCTW registration and as if in effect immediately before the relevant date,
(c)sub-paragraph (2)(b), are to be treated as an existing registration as a broker or dealer, and as if in effect immediately before the relevant date.
(4)Notwithstanding the revocation of the 1989 Act and the 2011 Regulations—
(a)sections 2, 3 and 4 of the 1989 Act,
(b)regulations 1 to 18, and schedules 2 and 3, of the 1991 Regulations, and
(c)regulation 30 and schedules 4 and 5 of the 2011 Regulations,
continue to have effect in relation to any applications for registration made in accordance with this paragraph until the application has been concluded.
(24)
(1)Notwithstanding the coming into force of these Regulations, where—
(a)a person holds a deemed registration under paragraph 20 or 22 of this schedule, and
(b)that deemed registration expires during the period between and including 1 November 2025 and 1 April 2026,
applications for renewal of a deemed registration must be made in accordance with sub-paragraph (2), and sub-paragraphs (3) and (4) apply to those renewals.
(2)An application for renewal of a deemed registration—
(a)in relation to the collection and transportation of waste, should be made under the 1991 Regulations for registration as a waste carrier,
(b)in relation to acting as a broker or dealer, should be made under regulation 30 and paragraph 3 of schedule 5 of the 2011 Regulations for registration as a broker or dealer.
(3)Registrations granted in accordance with—
(a)sub-paragraph (2)(a), are to be treated as an existing waste carrier registration and as if in effect immediately before the relevant date,
(b)sub-paragraph (2)(b), are to be treated as an existing registration as a broker or dealer, and as if in effect immediately before the relevant date.
(4)Notwithstanding the revocation of the 1989 Act and the 2011 Regulations—
(a)sections 2, 3 and 4 of the 1989 Act,
(b)regulations 1 to 18, and schedules 2 and 3, of the 1991 Regulations,
(c)regulation 30 and schedules 4 and 5 of the 2011 Regulations,
continue to have effect in relation to any applications for registration made in accordance with this paragraph until the application has been concluded.
(25)
(1)Where a person will be carrying on an activity described in schedule 18 to be inserted into the 2018 Regulations by schedule 9 of these Regulations on or after 1 November 2025, that person may apply for a permit or registration within the meaning of the 2018 Regulations on or after 1 June 2025.
(2)An authorisation granted by SEPA before 1 November 2025 in respect of an application for a permit or registration made in accordance with sub-paragraph (1) before 1 November 2025 takes effect on 1 November 2025.
(3)Where an application for authorisation is made in relation to an activity which is currently an exempt activity under paragraph 8(1)(a) of schedule 1 of the 2011 Regulations, or an activity which may be carried on in accordance with the Sludge (Use in Agriculture) Regulations 1989, or both, and—
(a)SEPA has not determined an application made under sub-paragraph (1) on or before 1 November 2025, or
(b)SEPA has granted an authorisation, but the applicant has appealed against the conditions of that authorisation,
the activity, for the purposes of regulation 7 of the 2018 Regulations, is deemed to be authorised under the 2018 Regulations in accordance with the description of the activity given in the application made under sub-paragraph (1), and subject to the conditions in sub-paragraph (4) until the application has been concluded.
(4)A deemed authorisation under sub-paragraph (3) is subject to the following conditions—
(a)notwithstanding their revocation, the provisions of the Sludge (Use in Agriculture) Regulations 1989, and
(b)where the applicant was, on the date the application was made, the holder of an exemption under paragraph 8(1)(a) of schedule 1 of the 2011 regulations, the conditions of that exemption as provided in paragraph 8(3) of schedule 1 of the 2011 Regulations.
(5)The applicant is the authorised person in respect of any deemed authorisation under sub-paragraph (3).
(6)Where—
(a)SEPA grants an application for registration or permit under sub-paragraph (2), and
(b)the applicant has registered a complex exemption for that activity under paragraphs 7 or 8(2) of schedule 1 of the 2011 Regulations which is in effect on 1 November 2025,
that registered exemption ceases to have effect on 1 November 2025 and will be deemed to have been removed from the register maintained under regulation 20 of the 2011 Regulations on that date.
Part 5 · Continuity of Existing Proceedings
(26)
(1)If before the relevant date, a person has applied, or has been treated by SEPA as having applied for—
(a)any of the following under the CAR Regulations—
(i)a water use licence or registration under regulation 11,
(ii)an authorisation under regulation 10,
(iii)the variation of an authorisation under regulation 23 or 24,
(iv)the transfer of an authorisation under regulation 25,
(v)the surrender of an authorisation under regulation 27,
(vi)a determination of commercial confidentiality under regulation 39,
(b)any of the following under the 2012 Regulations—
(i)a permit under regulation 13,
(ii)the variation of a permit under regulation 46,
(iii)the transfer of a permit under regulation 47,
(iv)the surrender of a permit under regulation 48,
(v)a determination of commercial confidentiality under regulation 66(2),
(c)any of the following under the 1990 Act—
(i)a waste management licence under section 36 of the 1990 Act,
(ii)the variation of a waste management licence under section 37 of the 1990 Act,
(iii)the transfer of a waste management licence under section 40 of the 1990 Act,
(iv)the surrender of a waste management licence under section 39 of the 1990 Act,
(v)a determination of commercial confidentiality under section 66 of the 1990 Act,
(2)Notwithstanding the revocation of the CAR Regulations, the CAR Regulations continue to have effect in relation to any application referred to in sub-paragraph (1)(a) until the application is concluded.
(3)Notwithstanding the revocation of the 2012 Regulations, and subject to paragraph 27, the 2012 Regulations continue to have effect in relation any application referred to in sub-paragraph (1)(b) until the application is concluded.
(4)Notwithstanding the revocation of the sections 35 to 44 of the 1990 Act and the 2011 Regulations, and subject to paragraph 27, those enactments continue to have effect in relation to any application referred to in sub-paragraph (1)(c).
(5)A water licence or registration, a PPC permit, waste management licence, or variation, transfer, surrender or determination of commercial confidentiality, that is subsequently granted by SEPA following an application referred to in sub-paragraph (1)—
(a)may only be granted to the extent that it could be granted under the 2018 Regulations,
(b)is deemed to have been granted immediately before the relevant date.
and that application has not been concluded before the relevant date, sub-paragraphs (2)-(5) apply.
(27)
(1)In relation to an application referred to in paragraph 26(1)(b) to which—
(a)paragraph 26(3) applies, and
(b)regulation 18 of the 2012 Regulations applies,
(2)In relation to an application referred to in paragraph 26(1)(c) to which paragraph 26(4) applies, sub-paragraph (4) applies.
(3)Where this paragraph applies, the meaning of “fit and proper person” is as set out in regulations 2(1), 66(1)(e) and 68 of the 2018 Regulations, and the provision made in regulation 18(3) and (4) of the 2012 Regulations does not apply in relation to the application.
(4)Where this paragraph applies, the meaning of “fit and proper person” is as set out in regulations 2(1), 66(1)(e) and 68 of the 2018 Regulations, and section 74 of the 1990 Act does not apply in relation to the application.
sub-paragraph (3) applies.
(28)
(1)This paragraph applies where, on or after 10 October 2025, a person has—
(a)given written notice to SEPA of an exemption under regulation 25 of the 2011 Regulations and otherwise met the requirements of regulation 25(2), or
(b)sent a renewal notice to SEPA and otherwise met the requirements of regulation 26(2) of the 2011 Regulations in relation to a renewal of an exemption.
(2)Notwithstanding the revocation of the 2011 Regulations, the 2011 Regulations continue to have effect in relation to any notice referred to in sub-paragraph (1).
(3)In the circumstances outlined in sub-paragraph (1)(a), if the particulars of an exemption are entered or remain on the register after 1 November 2025, the exemption is deemed to have been registered or renewed before the relevant date.
(29)
(1)If, before the relevant date—
(a)an operator has given notice to SEPA of a surrender of all or any part of a permit under regulation 49(2) of the 2012 Regulations, or
(b)SEPA has given notice to an operator of—
(i)a revocation of all or any part of a permit under regulation 50(1) of the 2012 Regulations,
(ii)a suspension of all or any part of a permit under regulation 56(1) or (4) of the 2012 Regulations,
sub-paragraph (2) applies.
(2)Notwithstanding the revocation of the 2012 Regulations, the 2012 Regulations continue to have effect in relation to any notice referred to in sub-paragraph (1).
Part 6 · Specific Activities
Chapter 1 · Waste Activities
(30)A deemed permit for the operation of a materials facility which does not include the condition or conditions giving effect to those required by paragraph 4 of schedule 14 to be inserted into the 2018 Regulations by schedule 5 of these Regulations is deemed to include that condition or conditions until such date as SEPA may vary the permit to include that condition or those conditions.
Chapter 2 · Industrial Emissions Activities
(31)
(1)A deemed permit for an industrial emissions activity which does not include conditions as required by paragraph 9 (incidents, accidents and non-compliance) of schedule 19 to be inserted into the 2018 Regulations by schedule 10 of these Regulations is deemed to include the conditions in sub-paragraphs (2) and (3) until such date as SEPA may vary the permit to include those conditions.
(2)In the event of an incident or accident that significantly affects the environment, the authorised person must—
(a)inform SEPA immediately,
(b)immediately take measures to limit the environmental consequences of the incident or accident, and
(c)prevent further possible incidents or accidents.
(3)In the event of a breach of conditions, the authorised person must—
(a)immediately inform SEPA,
(b)immediately take necessary measures to ensure that compliance is restored as soon as possible,
(c)immediately cease operation of an installation or plant in the event of a breach of conditions that poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, until compliance is restored.
(32)
(1)A deemed permit for a schedule 20 emissions activity which does not include conditions as required by paragraph 16 (proposed change in operation) of schedule 20 to be inserted into the 2018 Regulations by schedule 11 of these Regulations is deemed to include the condition in sub-paragraph (2) until such date as SEPA may vary the permit to include those conditions.
(2)The authorised person must inform SEPA of a proposed change in operation which may have consequences for the environment in advance of making any such change unless an application for a variation of the permit has been made to SEPA which addresses the proposed change in operation.
(33)
(1)Authorised persons holding a deemed permit for a schedule 20 emissions activity, where the activity involves the use, production or release of relevant hazardous substances, and which was in operation before 7 January 2013 (or where a complete application was submitted before that date and operation began no later than 7 January 2014) must submit a baseline report to SEPA in advance of the next update of the permit,
(2)SEPA may, on request by the applicant, waive the requirement in sub-paragraph (1) to submit a baseline report, having regard for that purpose to the possibility of soil and groundwater contamination.
Chapter 3 · Other Emissions Activities
(34)
(1)A deemed permit for the operation of a medium combustion plant which does not include conditions as required by paragraph 14 (compliance) of schedule 27 of the 2018 Regulations is deemed to include the condition in sub-paragraph (2) until the date that SEPA varies the permit to include those conditions.
(2)The authorised person must report any planned change to the medium combustion plant which would affect the applicable emission limit values to SEPA without undue delay.
Chapter 4 · Water Activities
(35)
(1)In relation to activity 18 (storage and application of fertiliser) in column 1 of the table in Chapter 2 of Part 1 of schedule 9 of the 2018 Regulations, slurry does not need to be applied using precision equipment until 1 January 2027, unless the slurry is—
(a)applied by contractors,
(b)applied on farms with more than 100 milking cows or 200 beef cattle livestock units, or
(c)applied on pig units with more than 800 fattening pigs or 800 sows.
(2)Where paragraph 35(1) applies so that slurry does not need to be applied using precision equipment, slurry must not be applied by means of a raised splash plate or rain gun.
(3)In calculating the number of beef cattle livestock units on the farm for the purposes of sub-paragraph (1)(b)—
(a)an animal of 2 years and older is 1 unit, and
(b)an animal under 2 years old is 0.5 of a unit.
Contains public sector information licensed under the Open Government Licence v3.0.