Synopsis
These regulations amend the Environmental Authorisations (Scotland) Regulations 2018.
Amongst other changes, the environmental authorisations regime is applied to fish farm discharges throughout the Scottish Marine Area. Permits for waste management facilities need to include conditions requiring systems to identify and manage radioactive contamination in waste.
Summary
The Environmental Authorisations (Scotland) Amendment Regulations 2026 amend the Environmental Authorisations (Scotland) Regulations 2018, as amended on 26 March 2026.
This legislation will apply in Scotland only.
What will change?
In addition to correcting a number of errors, the amending regulations make the changes below.
Fish farm discharges
The amendments will make SEPA responsible for the regulation of fish farm discharges between three and 12 nautical miles (the entire Scottish marine area). SEPA already regulates discharges between zero and three nautical miles.
Fish farm discharges between three and 12 nautical miles will become subject to the Environmental Authorisations Scotland Regime (EASR) and will no longer be subject to marine licensing obligations under the Marine (Scotland) Act 2010.
Waste management
Further amendments by the Environmental Authorisations (Scotland) Amendment Regulations 2026 concern permitted facilities for facilities for the disposal, recovery or disposal and recovery non-hazardous waste. The amendments maintain an obligation on SEPA, which requires that appropriate conditions are included in permits on systems to detect, notify and manage radioactive contamination in received materials.
General binding rules for the storage and application of fertiliser
Other amendments made mean that the general binding rule for the storage and application of fertiliser under the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 will remain valid until 1 January 2027.
The general binding rules within the EASR require that slurry is applied with precision equipment in further circumstances from 1 January 2027.
Amendments to other legislation
The Special Waste Regulations 1996, Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000 and Packaging (Essential Requirements) Regulations 2015 will be amended to correct errors. This includes removing references to revoked legislation from the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000.
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