Environmental Authorisations (Scotland) Regulations 2018: Proposed types of authorisation for Waste, Water and Industrial activities
Feedback updated 5 Aug 2024
We asked
In January 2024, we sought your views on the type of authorisation that we propose to use for the authorisation of waste management, water, and industrial activities under the Environmental Authorisations (Scotland) Regulations 2018 (EASR 2018). We also provided an explanation, where necessary, on why an activity requires the type of authorisation proposed.
In the consultation, we asked two types of question:
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Those where we sought agreement for our proposed approach on the type, tier and wording of an activity and authorisation that would be required.
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Those where we were seeking views that will help us to develop future consultations on, for example, the wording of standard conditions.
The consultation was open from 17 January 2024 to 12 April 2024.
You said
In total, we received 63 consultation responses from stakeholders.
Overall, the response was positive, with 83.7% of respondents agreeing to our proposed approach on the type, tier and wording of the activities and authorisations.
See our consultation summary for more details.
We did
We have taken on board your comments and feedback and made some changes to our proposals. For example, to some activity thresholds and updating some activity descriptions to make them clearer. Where you fed back that further clarity was need, we have reviewed this and will integrated into future proposals that we will consult on in due course.
Read our Consultation digest for more information on the responses we received and what we have done in response.
Overview
The Scottish Environment Protection Agency (SEPA) are Scotland’s principal environmental regulator, protecting and improving Scotland’s environment.
In 2018, Scottish Government brought in the Environmental Authorisations (Scotland) Regulations 2018 (EASR 2018). The aim of these Regulations is to provide a standardised, simplified, common framework for environmental authorisations in Scotland, known as an Integrated Authorisation Framework (IAF).
Radioactive substances were the first activities to be regulated under this framework. Scottish Government is now consulting on proposals to bring waste, water, and industrial activities (previously pollution prevention and control), under these Regulations.
Why your views matter
SEPA wants to be transparent about how it intends to meet statutory obligations under these Regulations and get it right, with simpler, more effective, procedures and systems. This consultation seeks your views on the type of authorisation that would be required.
This consultation:
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Proposes the type of authorisation that would normally be required for each activity; and
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Provides an explanation, where necessary, on why an activity requires the type of authorisation proposed.
SEPA will consult separately on proposed changes to application and subsistence fees for environmental authorisations. We anticipate this will take place later in 2024. Wherever possible, in this consultation, we have indicated where a change in our regulatory approach is likely to result in a change to the current fee structure.
SEPA will consult separately on proposed Standard Conditions that will apply to all registration level authorisations. We anticipate this will take place later in 2024.
You may find the list of published SEPA guidance below helpful when considering your response to this consultation. Please note we are not consulting on this guidance, it is provided for information only.
How we use your feedback
As Scotland’s principal environmental regulator, our purpose is to protect and improve Scotland’s environment in ways that, as far as possible, also contribute to improving health and well-being and achieving sustainable economic growth. Our Corporate Plan 2024-2027 sets our strategic ambition and priorities. Our Annual Operating Plans set out how we will implement our priorities every year.
In delivering these priorities we engage with those who have an interest in and/or are affected by our regulations and duties. One way we engage is through formal consultations. This is your opportunity to tell us what you think about our proposals. The feedback we receive helps us to understand what matters most to people and how we can deliver our duties efficiently and effectively.
After the consultation closes, we’ll consider the information we receive before publishing a digest of responses through the We asked, You said, We did section of our consultation website. This will close the consultation process by explaining how we have considered and, where appropriate, acted upon what we heard.
How to respond
You can respond to this consultation online, or by sending an email to iaf@sepa.org.uk. If responding by email, please complete and return the Respondent Information Form with your response.
If you wish to respond another way, please contact us online or by phone: 03000 99 66 99 and we'll arrange for an officer to call you back.
Responses must be submitted before midnight on 12 April 2024. Earlier responses are welcomed.
Handling your response
We would like to know if you are happy for your response to be made public. If you ask for your response not to be published, it will be regarded as confidential and treated in accordance with SEPA's published privacy policy.
Please note that our consultation document was updated on 8 February 2024. If you have downloaded a copy of the consultation to review before this date, please ensure you refer to the most recent version before submitting a response.
What happens next
Thank you for your response to this consultation. SEPA will now carry out an assessment of whether the types of authorisations proposed in this consultation are appropriate.
Our assessment process will consider:
- All responses and feedback received during the consultation process.
- Potential impact across each sector individually, and wider Scottish industry.
- Legitimate concerns or issues raised by non-industry stakeholders (e.g., members of the public and community groups) who may be impacted by these proposals.
- Existing SEPA guidance and policy.
- Relevant existing guidance and policy in other parts of the UK.
When the assessment process has been completed, we will publish a response confirming the outcome. This may include a summary of the proposals we intend to implement, and any changes to proposals, with information about why these changes are being made.
Events
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Information session - online
From 20 Feb 2024 at 10:00 to 20 Feb 2024 at 11:30An online session with specialists from SEPA and the Scottish Government where you can learn more about the consultation and the proposed changes, and to ask questions.
Please book a place at one of the sessions by emailing iaf@sepa.org.uk with the details of the event you would like to attend. -
Information session - online
From 22 Feb 2024 at 10:00 to 22 Feb 2024 at 11:30An online session with specialists from SEPA and the Scottish Government where you can learn more about the consultation and the proposed changes, and to ask questions.
Please book a place at one of the sessions by emailing iaf@sepa.org.uk with the details of the event you would like to attend. -
Information session - Edinburgh
From 27 Feb 2024 at 10:00 to 27 Feb 2024 at 12:00An information session with specialists from SEPA and the Scottish Government in Victoria Quay, Edinburgh, where you can learn more about the consultation and the proposed changes, and ask questions.
Please book a place at one of the sessions by emailing iaf@sepa.org.uk with the details of the event you would like to attend. -
Information session for operators of generators aggregating to 1MWth or more - online
From 4 Mar 2024 at 10:00 to 4 Mar 2024 at 11:30An online session for operators of generators of electricity aggregating to 1MWth or more.
Hosted by specialists from SEPA and the Scottish Government where you can learn more about the consultation and the proposed changes, and ask questions.
Please book a place at one of the sessions by emailing iaf@sepa.org.uk with the details of the event you would like to attend. -
Information session - Glasgow
From 12 Mar 2024 at 14:00 to 12 Mar 2024 at 16:00An information session with specialists from SEPA and the Scottish Government in Atlantic Quay, Glasgow, where you can learn more about the consultation and the proposed changes, and ask questions.
This session is now fully booked and we cannot take anymore bookings.
Audiences
- Local Authorities
- Industry
- Waste
Interests
- Regulated activities
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