Better Regulation: Background & Resources

Overview

Why do we need to change our approach to regulation?

The Environmental Authorisations (Scotland) Regulations 2018 (EASR) will transform how we work by providing a framework that enables innovation and a proportionate, joined-up, outcome-focused approach to regulation.

Historically, our regulatory work has developed separately across water, waste management, industrial activities (known previously as Pollution Prevention and Control or PPC) and radioactive substances, adopting different approaches to achieve similar outcomes.

This separate development has allowed complexities around authorisations to grow and create unnecessary differences between the procedural requirements of the existing regimes, such as who holds the authorisation, how their suitability is assessed, determination periods and how the public is consulted.

To tackle these problems, new legislation was introduced in 2018 - the Environmental Authorisations (Scotland) Regulations 2018 (EASR), and the regulation of radioactive substances was brought into the new framework.

In early 2024, the Scottish Government published a consultation proposing amendments to EASR 2018, extending the framework to regulate water, waste management, and industrial activities. Alongside this, SEPA consulted on the proposals outlining the type of authorisation that would apply to these activities when regulated under the framework. The consultation also explained why an activity requires the proposed type of authorisation and indicated where a change in the regulatory approach is likely to result in a change to the current charging structure.

Further information

The documents linked below will provide you with more information about our approach to better regulation, including our guidance on who can hold an authorisation, and how we will involve the public in our decision making.