Synopsis
These regulations will amend the Environmental Authorisations (Scotland) Regulations 2018.
Amendments will bring pollution prevention and control, waste management, discharges to controlled waters, water abstractions and waste carrier/broker/dealer licensing into an Integrated Authorisation Framework (IAF). The IAF will include four tiers of authorisation. The IAF previously only concerned radioactive substance activities.
Summary
The Environmental Authorisations (Scotland) Amendment Regulations 2025 will amend the Environmental Authorisations (Scotland) Regulations 2018. The amending regulations will come into force on 1 November 2025, although some supporting elements will apply from 1 June 2025.
A range of legislation will be revoked and replaced. This is listed later in this summary.
This legislation will apply in Scotland only.
What will change?
The Integrated Authorisation Framework (IAF)
The IAF will apply a common, integrated framework for environmental authorisations in Scotland. This enables more than one type of activity to be authorised via an integrated authorisation, similar to the environmental permitting system in England and Wales.
The IAF includes four tiers of authorisation:
Addition to further regimes to the IAF
The IAF previously only concerned radioactive substances activities in Scotland.
The Environmental Authorisations (Scotland) Amendment Regulations 2025 will bring the following regimes into an ‘Integrated Authorisation Framework’ (IAF). The former implementing legislation for these regimes will be revoked and replaced
Regime |
Associated legislation to be revoked and replaced |
Pollution Prevention and Control (PPC) |
The Pollution Prevention and Control (Scotland) Regulations 2012, as amended |
Waste management |
The Waste Management Licensing (Scotland) Regulations 1996 and Waste Management Licensing (Scotland) Regulations 2011, as amended |
Discharges to, abstractions from and other activities affecting controlled waters |
The Water Environment (Controlled Activities) (Scotland) Regulations 2011, as amended The Landfill (Scotland) Regulations 2003, as amended |
Waste carrier, broker, dealer licensing Professional collectors and transporters of waste |
The Control of Pollution (Amendment) Act 1989 and Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, as amended |
Broadly, activities requiring authorisation under the IAF and the conditions applied do not significantly differ from the preceding legislation. However, the types of authorisation required, the application process and the way activities are regulated will change. The regulations will also expand public participation on applications certain authorisations.
New activities brought into the IAF
The Environmental Authorisations (Scotland) Amendment Regulations 2025 includes IAF requirements for a small number of activities that were not previously regulated:
Applying sewage sludge to land, which was previously subject to the Sludge (Use in Agriculture) Regulations 1989, as amended, will be regulated under a general binding rule, registration or permit under the IAF.
Impact on holders of or applicants for existing authorisations
Schedule 23 applies transitional arrangements for holders of pre-existing authorisations. Pre-existing authorisations will generally remain valid and will become ‘deemed’ authorisations under the IAF.
The Table below summarises anticipated changes to existing authorisations.
Prior authorisation |
Status under the IAF |
Date of change |
Comments |
PPC Part A permit |
Deemed permit |
1 November 2025 |
- |
PPC Part B permit |
Deemed registration |
1 March 2026 |
Deemed registration, where corresponding activity is an IAF registration |
Solvent permit |
Deemed permit |
1 November 2025 |
Deemed registration, where corresponding activity is an IAF registration |
Medium combustion plant permit |
Deemed permit |
1 November 2025 |
- |
Waste management licence |
Deemed permit |
1 November 2025 |
Deemed registration, where corresponding activity is an IAF registration |
Waste exemption |
Remain valid until sunset date or expiry date |
1 November 2026 |
Paragraph 8(1)(a) exemptions cease on 1 November 2025 |
Water licence / water registration |
Deemed permits / deemed licences |
1 March 2026 |
Subject to permit / registration status under IAF |
Carrier, broker and dealer registration |
Deemed registration until expiry |
1 April 2026 |
Registration or renewal from 1 April 2026 must be for collection and transportation of waste |
Professional collector and transporter of waste registration |
Deemed registration expiring 1 April 2027 |
1 April 2027 |
Registration or renewal from 1 April 2026 must be for collection and transportation of waste |
Where an application was underway for an authorisation prior to 1 November 2025, this is to be processed under the legislation prior to the IAF.
Pollution Prevention and Control (Industrial emissions and other emissions activities)
The PPC regime will be integrated into the IAF as follows:
Authorisations required for industrial emissions activities and other emissions activities
The Pollution Prevention and Control (Scotland) Regulations 2012 include two types of permit: Part A and Part B. Part B permits authorise discharges to air only.
The IAF does not classify Part A or Part B activities, but transfers the majority of Part B activities into Schedule 26 (other emissions activities). Certain Part A activities, such as the production halogens, will become other emissions activities.
The following activities are expected to move from requiring a permit to requiring registration:
Other emissions activities: General binding rules requiring notification
General binding rules will authorise the use of crushing and screening equipment aboveground to process designated minerals, mineral products, waste bricks, tiles or concrete at the place it is produced, where the attached conditions can be met. The general binding rule also authorises associated temporary storage of waste.
Water activities
Water activities previously subject to the Water Environment (Controlled Activities) (Scotland) Regulations 2011, as amended, will be regulated as ‘water activities’ under the IAF. Water activities are defined as:
Schedule 10 concerns the regulation of water activities under the Integrated Authorisation Framework.
Water activities: General binding rules
Conditions attached to a number of general binding rules will be revised. A new general binding rule will authorise the discharge of hot tub effluent to groundwater, where a site only has one hot tub.
Waste management
Activities requiring a waste management licence or exemption will become ‘waste management activities’ under the IAF. Waste management activities are defined as:
Schedule 11 sets out arrangements for SEPA to regulate waste management activities and record keeping requirements for authorised persons.
Former waste exemptions
The prior system of waste management exemptions under the existing waste management licensing system will end. Activities that were formerly exempt may instead require notification, registration or a permit. In some cases, a low-risk waste position or general binding rules may authorise activity formerly requiring an exemption under the IAF.
A number of exemptions will also be deleted as they are no longer required.
Waste: General binding rules
General binding rules reflect prior non-Waste Framework Directive exemptions and will concern the following activities:
A further general binding rule will concern the ‘use of agricultural land following the application of sewage sludge to agricultural land for the purposes of soil improvement.’
Waste carrier, broker and dealer licensing
Organisations collecting and transporting, or acting as a broker or dealer in, waste will ultimately be required to register under the IAF. These registrations will remain valid for three years, as at present.
Additional requirements will apply on registration applications. Standard conditions on these registrations are expected to require operations to be managed in line with the waste hierarchy, comply with technical competence standards, avoid risks to human health or the environment and require records to be kept.
Carrier, broker and dealer registrations in England and Wales will continue to be recognised for use in Scotland.
Amendments to the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013
Amendments by the Environmental Authorisations (Scotland) Amendment Regulations 2025 reflect changes to as a result of the IAF and are necessary to ensure this legislation continues to function.
A new Schedule is inserted, providing an indicative list of the main pollutants.
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