Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities

Closes 24 Nov 2024

Registrations and standard conditions

Standard conditions are a set of rules that apply to a particular activity and must be consulted upon before they are used. Once they have been published, they cannot be appealed. This consultation proposes the standard conditions that will apply to registration level authorisations for all water, waste, and industrial activities we will regulate under EASR.  

There are four types of authorisation: General Binding Rules, Notification, Registration, and Permit. These are shown in graphic image 1 below.

The types of authorisation for activities are based on level of risk. Level of risk increases from low at the bottom level, to high at the top level. The order of authorisation level from bottom to top is General Binding Rule, Notification, Registration, Permit.

When we proposed the type of authorisation required for each activity, we considered: 

  • Risk to the environment and human health.
     
  • Legislative requirements.
     
  • Fairness to the operator.
     
  • Public and third-party interests.

Registrations will be used to regulate lower risk activities than those we regulate under the permit level, but still require an assessment prior to SEPA deciding whether to grant or refuse the authorisation. 

SEPA have 28 days to determine an application for a registration level activity. If authorised, the Registration will be issued to the Authorised Person with standard conditions. If the person wishing to undertake a registration level activity cannot comply with the associated standard conditions, they must apply for a Permit instead. 

Unless specifically stated, Registrations do not expire. The authorisation exists until it is surrendered by the authorised person or revoked by SEPA. 

The standard conditions have been written to be enforceable, transparent and proportionate to the risk to the environment.