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

Closes 24 Aug 2026

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Public Participation Statement (PPS)

Our Public Participation Statement (PPS) sets out when and how we will involve the public and our partners in decisions relating to environmental authorisations, and what information we will make available.

We want communities and individuals to take part in significant decisions that might affect them, and we recognise that the quality of these decisions can be improved through the active involvement of the public concerned. We also recognise other statutory bodies make a valuable contribution to environmental decision-making by providing specialist knowledge and perspective. The statement was first published in 2018 and was reconsulted upon and published in 2025 following changes to the Environmental Authorisations (Scotland) Regulations 2018 by the Scottish Ministers. The main changes were:  

  • Further information on the process requiring an applicant to carry out pre-application engagement on certain activities due to their nature or location being of significant public interest or where experience has shown this would be beneficial to the application process (for example, in relation to marine pen fish farms).
  • Simplification of the procedure by which the Scottish Ministers can require a particular application to be referred to them for a determination (known as the call-in procedure).

Proposed changes

Since publishing our guidance, we have received feedback which requires us to clarify our guidance, and therefore we are proposing the following in this consultation.

Change to Table 2 content in the 'Public Participation Statement'

In Table 2, (when will you be consulted and when will we provide information), we are proposing to include the text “We will make available either on our website or on request” for clarification. While we aspire to have all relevant regulatory information available on our website, we may not have the capacity to do this. Where the information is not available on our website, we will be able to make it available on request. The exception to this is certain information we cannot make available due to the sensitivity of its nature, for example, it is commercially confidential, for reasons of national security or personal information.

Do you agree with the proposal to change the guidance in Table 2 to clarify that we will make the relevant information available on our website or by request?
Change to Step 3 in the application process

Under the section “Steps in the application process for a permit” we are also proposing to amend Step 3 relating to contacting you if you have responded to a public consultation, and what information we will make available.

The current text states:

“Step 3, the final step in the process is where the permit decision will be made and the permit will be granted or refused. If you have responded to the public consultation, we will contact you with information about the draft permit and the decision document (a record of how the decision has been made). In addition, we will consult on the draft decision for some permits. For certain applications (those subject to the Industrial Emissions Directive) we will consult on the draft decisions for 28 days regardless of if a public response has been received or not. This gives you and other interested parties the opportunity to review our decision.”

We are proposing to amend Step 3 to remove the commitment to directly contact individuals who have responded to a public consultation and to clarify how information will be made available following a determination. The current wording reflects a previous process linked to the third-party call-in mechanism, which has now been removed from legislation by Scottish Ministers. As a result, there is no longer a procedural step requiring SEPA to notify respondents of draft decisions.

The proposed amendment aligns the guidance with the current legislative framework and clarifies the different approaches to decision making and engagement under the Environmental Authorisations (Scotland) Regulations (EASR):

  • Applications associated with Schedule 20 industrial emissions activities – SEPA is required to publish and consult on draft decisions for a statutory 28‑day period, providing an opportunity for further representations before a final decision is made.
  • Other applications – there is no statutory requirement to consult on draft decisions. Decisions are made following the initial public consultation and no further representations are sought before determination.
  • Applications with a high level of public interest – SEPA may, where appropriate, carry out a voluntary consultation on the draft decision.

Under all approaches, information relating to the determination process, including decision documents, will be made available via SEPA’s Consultation Hub or Public Register. This provides a consistent and transparent means for all interested parties to access information.

Overall, the amendment improves clarity by reflecting the current legislative position and clearly setting out when consultation on draft decisions will, and will not, take place.

We are therefore proposing to replace the text with the following:

“Step 3, the final step in the process is where the permit decision will be made and the permit will be granted or refused. Information about the outcome of the determination process, including decision documents, will be made available via our Consultation Hub or Public Register.

For applications associated with Schedule 20 industrial emissions activities, we will consult on draft decisions for 28 days, allowing you and other interested parties to review and comment before the decision is finalised. For other applications, decisions are made following the initial public consultation and we will not normally consult on draft decisions, although we may do so in cases where there is a high level of public interest.”

Do you agree with the proposal to remove the need for SEPA to contact all responders to a public consultation for a permit application with the draft permit and our draft decision?