The Environmental Authorisations (Scotland) Amendment Regulations 2025

• (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— receive payment for collecting the waste, or 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— clay, sand and any other naturally occurring mineral other than coal or lignite, metallurgical slag, gypsum which is a by-product of any activity,
• “dewatered” in relation to digestate means digestate which— has had liquid removed from it so that it consists of at least 20% dry material, and 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— 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[^f00022], and 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— with a tree canopy cover of more than 20 percent, which is planted with trees, which trees collectively have the capacity to provide a tree canopy cover of more than 20 percent, or which meets all of the following criteria— it was used in the last 5 years as land described in paragraph (a), it is to remain fallow of trees for a maximum of 4 consecutive years, and 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— synthetic rubbers, EPDM (ethylene propylene diene monomer rubber) and butyl, plastics, including polyvinyl chloride, low density polyethylene and high-density polyethylene, and 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[^f00023],
• “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— whole digestate, the liquid fraction, or 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 liquid digestate tank, any feedstock tank used in connection with the liquid digestate tank, and 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[^f00024],
• “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— 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, influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient, preserving plant products, destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants, 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— effluent produced from any forage crop which is being made or has been made, into silage, 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— excreta, including any liquid fraction, produced by livestock whilst in a yard or building (including woodchip corrals), and 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 slurry storage tank, any reception pit and any effluent tank used in connection with the slurry storage tank, and 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[^f00025],
• “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[^f00026],
• “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—

1. Activity	2. Period
Grazing animals
(1) Where conventionally treated sewage sludge has been deep injected or ploughed down into land where grass or a forage crop is grown for grazing.	Three weeks commencing on the date of application to land.
(2) Where conventionally treated sewage sludge has been applied to land, but not deep injected or ploughed down and where forage crops have been grown for harvesting, and those forage crops have been harvested.	No grazing in the growing season of application.
(3) Where enhanced treated sewage sludge has been applied to land where grass or a forage crop is grown for grazing, or applied to land where forage crops have been grown for harvesting, and those forage crops have been harvested.	Three weeks commencing on the date of application to land.
(4) Where any other types of sewage sludge or any other methods of application to land are used.	Application not permitted.
Harvesting forage crops
(1) Where conventionally treated sewage sludge or enhanced treated sewage sludge, or both, has been applied to land where forage crops are grown for harvesting.	Three weeks commencing on the date of application to land.
(2) Where any other types of sewage sludge are used.	Application not permitted.
Harvesting vegetable crops
(1) Where conventionally treated sewage sludge has been applied to land where vegetable crops are grown for harvesting.	Twelve months commencing on the date of application to land.
(2) Where enhanced treated sewage sludge has been applied to land where vegetable crops are grown for harvesting.	Ten months commencing on the date of application to land.
(3) Where any other types of sewage sludge are used.	Application not permitted.
Harvesting salad crops
(1) Where conventionally treated sewage sludge has been applied to land where salad crops are grown for harvesting.	Thirty months commencing on the date of application to land.
(2) Where enhanced treated sewage sludge has been applied to land where salad crops are grown for harvesting.	Ten months commencing on the date of application to land.
(3) Where any other types of sewage sludge are used.	Application not permitted.
Harvesting fruit or horticultural crops
(1)Where enhanced treated sewage sludge has been applied to land where fruit or horticultural crops are grown for harvesting	Ten months commencing on the date of application to land.
(2) Where any other types of sewage sludge are used.	Application not permitted.

PART 3 — Amendment of the 2013 Regulations

Amendment of the 2013 Regulations

41

• (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, and (b) 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

Repeals and revocations

42

Schedule 21 makes provision for repeals and revocations.

Consequential amendments

43

Schedule 22 makes consequential amendments.

Transitional and savings provisions

44

Schedule 23 makes transitional and savings provisions.

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

Sewerage (Scotland) Act 1968

1

• (1) The Sewerage (Scotland) Act 1968[^f00094] is amended in accordance with sub-paragraphs (2) to (5).

• (2) In section 29A(1) (priority substances etc)[^f00095], 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[^f00096],

• (3) In section 38A (application of part) and section 38C (common maintenance)[^f00097], 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)[^f00098]—

• (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[^f00099],”,

• (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[^f00100]”.

Environmental Protection Act 1990

2

• (1) The Environmental Protection Act 1990[^f00101] 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.)[^f00102]—

• (a) for “a waste management licence” in each place where it appears, substitute “an authorisation under the Environmental Authorisations (Scotland) Regulations 2018[^f00103]”,

• (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[^f00104]”.

• (3) In section 34 (duty of care etc. as respects waste)[^f00105]—

• (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[^f00106], 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[^f00107], 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[^f00108], 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[^f00109]”.

• (5) In section 78A (preliminary)[^f00110], for subsection (4A) substitute—

(4A) “Harm”, in relation to the water environment, means— (a) harm to the health of human beings or other living organisms, (b) harm to the quality of the water environment, including— (i) harm to the quality of the water environment taken as a whole, (ii) other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, (c) offences to the senses of human beings, (d) damage to property, or (e) impairment of, or interference with, amenities or other legitimate uses of the water environment.

• (6) In section 78YB (interaction of this part with other enactments)[^f00111]—

• (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”)[^f00112] apply, and

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

(b) one or more of the following sub-paragraphs apply— (i) the activity is authorised under the 2018 Regulations, (ii) the Scottish Environment Protection Agency has served, or has advised the enforcing authority that it intends to serve, either a notice under regulation 31 (revocation notice), regulation 46(2) (regulatory notice), or paragraph 14(2) of schedule 1 (surrender notice of the 2018 Regulations requiring steps to be taken to prevent, mitigate or remedy the harm referred to in sub-paragraph (a)), (iii) the Scottish Environment Protection Agency has taken, is taking or has advised the enforcing authority that it intends to take, steps to prevent, mitigate or remedy the harm in question (or has secured, is securing, or has advised the enforcing authority that it intends to secure, the taking of such steps) under regulation 62 (action by SEPA) of the 2018 Regulations, (iv) an order has been made under regulation 75 (powers of the court to order offence to be remedied) of the 2018 Regulations requiring steps to be taken to remedy or mitigate the harm.

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

Planning and Compensation Act 1991

3

In schedule 18 (compensation provisions referred to in section 80) of the Planning and Compensation Act 1991[^f00113], in Part 1, omit the entries in the table relating to the Environmental Protection Act 1990.

Criminal Procedure (Scotland) Act 1995

4

In schedule 9 (certificates as to proof of certain routine matters) of the Criminal Procedure (Scotland) Act 1995[^f00114], omit the entries in the table relating to the Control of Pollution (Amendment) Act 1989 and the Water Environment (Controlled Activities) (Scotland) Regulations 2011.

Environment Act 1995

5

• (1) The Environment Act 1995[^f00115] 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)[^f00116], 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— harm to the health of human beings or other living organisms, harm to the quality of the water environment, including— harm to the quality of the water environment taken as a whole, other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, offence to the senses of human beings, damage to property, or 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[^f00117] or regulations made under that Act, (p) in relation to SEPA, the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003[^f00118], the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004[^f00119] and the Water Environment (Remedial Measures) (Scotland) Regulations 2016[^f00120] 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)[^f00121]—

• (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)[^f00122]—

• (a) omit head (d),

• (b) for head (e) substitute—

(e) regulation 55(1)(o) or (p) of the Environmental Authorisations (Scotland) Regulations 2018[^f00123].

Goods Vehicles (Licensing of Operators) Act 1995

6

For paragraph 5(i)(iii) of schedule 2 (information about, convictions of, applicants for and holders of operator’s licences) of the Goods Vehicles (Licensing of Operators) Act 1995[^f00124], substitute—

(iii) regulation 69(1)(a) of the Environmental Authorisations (Scotland) Regulations 2018[^f00125]; or

Forth Crossing Act 2011

7

In section 69 (protection of the water environment) of the Forth Crossing Act 2011[^f00126], 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[^f00127]”.

Water Resources (Scotland) Act 2013

8

• (1) The Water Resources (Scotland) Act 2013[^f00128] 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[^f00129],

• (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[^f00130],”,

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

PART 2 — Subordinate legislation

Environmental Protection (Prescribed Processes and Substances) Regulations 1991

9

• (1) Regulation 3A (exclusion of prescribed processes under control of the Pollution Prevention and Control (Scotland) Regulations 2012) of the Environmental Protection (Prescribed Processes and Substances) Regulations 1991[^f00131] 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[^f00132]”.

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

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

Controlled Waste Regulations 1992

10

In regulation 7(1) (waste not to be treated as industrial or commercial waste) of the Controlled Waste Regulations 1992[^f00133]—

• (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[^f00134].

• (b) omit sub-paragraph (c).

Conservation (Natural Habitats, &c.) Regulations 1994

11

• (1) The Conservation (Natural Habitats, &c.) Regulations 1994[^f00135] 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[^f00136]”.

• (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[^f00137]”.

• (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[^f00138] (the “2018 Regulations”). (2) Where, in a case referred to in paragraph (1), the competent authority consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided by making any permit or registration subject to conditions, they may grant a permit or registration, or vary a permit or registration subject to those conditions. (3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any permit or registration under the 2018 Regulations. (4) Where on the review of a permit or registration the competent authority consider that any adverse effects on the integrity of a European site or European offshore marine site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the permit or registration, they may vary it, or cause it to be varied accordingly.

Landfill Tax Regulations 1996

12

In the Landfill Tax Regulations 1996[^f00139], 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[^f00140], (i) an order granted under regulation 75 of the Environmental Authorisations (Scotland) Regulations 2018[^f00141].

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

Special Waste Regulations 1996

13

• (1) The Special Waste Regulations 1996[^f00142] 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[^f00143];

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

• “environmental authorisation” means a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018[^f00144];

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

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

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

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

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

• (6) In regulation 15 (registers)—

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

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

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

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

14

In regulation 5(2) (application of part 1 of the Scottish act in relation to the Solway Tweed River Basin District) of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004[^f00145], omit “20”.

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

15

In the Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005[^f00146], 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[^f00147]”.

Transfrontier Shipment of Waste Regulations 2007

16

In the Transfrontier Shipment of Waste Regulations 2007[^f00148], in regulation 16 (waste management licensing regulations 1994 etc.), omit “Paragraph 6(1)(c) of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011 and”.

Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008

17

In the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008[^f00149], 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[^f00150] to collect, recover or dispose of manure;

Environmental Liability (Scotland) Regulations 2009

18

In the Environmental Liability (Scotland) Regulations 2009[^f00151], 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)[^f00152].

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

19

In the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011[^f00153], 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[^f00154]”,

• (b) for paragraph (5) substitute—

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

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

20

In the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011[^f00155], in schedule 1—

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

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

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

21

• (1) The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012[^f00156] 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[^f00157].

• (3) In regulation 6(1)(b)(ii), for “Pollution Prevention and Control (Scotland) Regulations 2012” substitute “Environmental Authorisations (Scotland) Regulations 2018[^f00158]”.

Feed-in Tariffs Order 2012

22

In article 9(4)(d) of the Feed-in Tariffs Order 2012[^f00159] for “Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “Environmental Authorisations (Scotland) Regulations 2018[^f00160]”.

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

23

In the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013[^f00161], 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[^f00162].

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

24

In the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014[^f00163], 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[^f00164],

• (b) in part 2—

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

• (ii) for paragraph 2(2) substitute—

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

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

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

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

25

In the Environmental Protection (Duty of Care) (Scotland) Regulations 2014[^f00165], 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[^f00166].	The relevant authorisation number (if any) issued by the competent authority.
A person who has notified SEPA under Part 3 of the Environmental Authorisations (Scotland) Regulations 2018.	The relevant authorisation number (if any) issued by the competent authority.

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

26

In the Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014[^f00167], 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[^f00168].

Control of Major Accident Hazards Regulations 2015

27

• (1) The Control of Major Accident Hazards Regulations 2015[^f00169] are amended in accordance with sub-paragraphs (2) to (4).

• (2) In regulation 2 (interpretation)—

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

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

• “the 2014 Act” means the Regulatory Reform (Scotland) Act 2014[^f00170];

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

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

Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

28

• (1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015[^f00171] are amended in accordance with sub-paragraph (2).

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

• (a) omit the rows which relate to—

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

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

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

• (iv) the Landfill (Scotland) Regulations 2003,

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

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

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

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

Regulation 18(1) (failure to comply with regulations)	YES	YES	YES	LOW

Packaging (Essential Requirements) Regulations 2015

29

In the Packaging (Essential Requirements) Regulations 2015[^f00172], 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[^f00173];

Scottish Landfill Tax (Administration) Regulations 2015

30

In the Scottish Landfill Tax (Administration) Regulations 2015[^f00174], in regulation 29(9) (bodies eligible for approval), omit sub-paragraphs (b) to (d), and (i) to (l).

Scottish Landfill Tax (Exemption Certificates) Order 2015

31

In the Scottish Landfill Tax (Exemption Certificates) Order 2015[^f00175], 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[^f00176]”.

Network Rail (Glasgow Queen Street Station) Order 2017

32

In the Network Rail (Glasgow Queen Street Station) Order 2017[^f00177], in article 37 (protection of the water environment), for “Water Environment (Controlled Activities) (Scotland) Regulations 2011” substitute “Environmental Authorisation (Scotland) Regulations 2018[^f00178]”.

Renewable Heat Incentive Scheme Regulations 2018

33

In the Renewable Heat Incentive Scheme Regulations 2018[^f00179], 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[^f00180]”.

Green Gas Support Scheme Regulations 2021

34

• (1) The Green Gas Support Scheme Regulations 2021[^f00181] 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[^f00182]”,

• (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[^f00183]

Regulation (EC) No. 1069/2009

35

In article 24(1) (approval of establishments or plants) of Regulation (EC) No. 1069/2009 of the of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002[^f00184], 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[^f00185]”.

Commission Regulation (EU) No. 142/2011

36

In article 6(1) (disposal by incineration, disposal or recovery by co-incineration and use as a fuel for combustion) of Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive[^f00186], 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[^f00187]”.

Regulation (EU) 2017/852

37

In article 7(3)(b) (industrial activities) of Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No. 1102/2008[^f00188], for “the Pollution Prevention and Control Regulations 2012” substitute “the Environmental Authorisations (Scotland) Regulations 2018[^f00189]”.

Regulation (EU) 2019/1021

38

In article 2(17)(b) (definitions) of Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) [^f00190], for “Pollution Prevention and Control (Scotland) Regulations 2012” substitute “Environmental Authorisations (Scotland) Regulations 2018[^f00191]”.

SCHEDULE 23 — TRANSITIONAL AND SAVINGS PROVISIONS

PART 1 — General

Interpretation

1

In this schedule—

• “the 1989 Act” means the Control of Pollution (Amendment) Act 1989[^f00192],

• “the 1990 Act” means the Environmental Protection Act 1990[^f00193],

• “the 1991 Regulations” means the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991[^f00194],

• “the 2011 Regulations” means the Waste Management Licensing (Scotland) Regulations 2011[^f00195],

• “the 2012 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2012[^f00196],

• “the 2018 Regulations” means the Environmental Authorisations (Scotland) Regulations 2018[^f00197],

• “the CAR Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2011[^f00198],

• “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— the application has been granted, refused or withdrawn, and 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— part of the crossing is on the bed and the total cumulative length of channel affected is no more than 15 metres, and 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— as defined in regulation 2 of the 2011 Regulations, 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, registered before the relevant date in accordance with regulation 19(1) and regulation 25 of the 2011 Regulations, and 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— granted, or treated as granted, or having effect as if granted under the 2012 Regulations on or before the relevant date, or 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 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— as defined in regulation 2 of the 2011 Regulations, registered before the relevant date in accordance with regulation 19(1) of the 2011 Regulations, and where that registration has effect immediately before the relevant date, but not including an existing complex waste exemption,

• “existing water authorisation” means— an existing water use licence, 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

Existing water use licences

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)—