Proposed Changes to Environmental Regulation Guidance on Who Can Hold an Authorisation, Public Participation, Types of Authorisations and Amendments to Standard Conditions for Registration Level Activities for Water, Waste and Industrial Activities

Overview

The Scottish Environment Protection Agency (SEPA) is 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 in 2018 and since 1 November 2025 waste, water, and industrial activities are also regulated under these Regulations.

Prior to 1 November 2025 we consulted and updated our guidance on:

• Types of authorisations.
• Who can hold an authorisation: In control and Fit and Proper Person test.
• Public Participation Statement.

We also consulted on and published Standard Conditions for Registration level water, waste and industrial activities.

Following its implementation we have received feedback from industry, and we are proposing changes to our guidance and changes to Standard Conditions for water, waste and industrial activities. In addition, following a legislative change, we now regulate marine pen fish farms in the Scottish Marine Area outside of the water environment (between 3 and 12 nautical miles).

We are seeking your views and feedback.

This consultation:

• Clarifies what information we require in an application for Permit or Registration to allow SEPA to undertake a fit and proper person test.

• Proposes changes to the SEPA guidance on public participation by clarifying what information we will make available and removing the requirement for SEPA to share draft decisions and draft permits with responders who made representation during a public consultation for a permit authorisation.

• Proposes the type of authorisation required for a marine pen fish farm located in the Scottish Marine Area outside of the water environment.

• Proposes five new Registration level activities and associated Standard Conditions:
  • One waste activity.
  • Four industrial activities.
• Proposes changes to activity descriptions for three registration level activities.

• Proposes amendments to the Standard Conditions for: 
  • Nine waste activities.
  • One water activity.
  • Six industrial activities.

How to respond

You can respond to this consultation online. Responses should be submitted to us by 24 August 2026. 

Where it is not possible to respond via our consultation hub, you can respond to this consultation by sending an email to consultation@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 using our online contact form or by phone: 0300 099 6699 and we’ll arrange for an Officer to call you back.

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 our published Privacy Policy.

You can indicate your preference in the Respondent Information Form.

Why your views matter

As Scotland’s principal environmental regulator, our purpose is to protect, improve Scotland’s environment in ways that as far as possible also create health and well-being benefits, and sustainable economic growth.

Our Corporate Plan sets our strategic agenda and our Annual Operating Plan implements our priorities. In delivering these priorities we engage with those who have an interest in and are impacted by our regulations and duties. One way we engage is through consultations. The feedback we receive through our consultations helps us to understand what matters most to those that are interested and affected by our work and helps to shape how we implement our duties. After the consultation closes we’ll take time to consider responses before sharing an update with you through the “we asked, you said, we did” section of our consultation website.