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

On 26 March 2026 amendments were made to The Environmental Authorisations (Scotland) Regulations 2018. This had the effect of bringing the regulation of marine pen fish farms between 3 and 12 nautical miles under EASR. The full activity description is:

1. The operation of a marine pen fish farm in;
2. the discharge of fish excreta, uneaten food and other substances as listed in this permit to; and
3. the abstraction of seawater carried on in the course of operation of a fish farm from;

the Scottish marine area outside of the water environment.

We plan to regulate this activity by a permit level authorisation because we need to undertake public consultation and to apply bespoke conditions to regulate this activity.

There are five activities that fall within this heading where a change is being proposed. These are:

1. The discharge to a watercourse that provides a high amount of dilution

The discharge of sewage from:

1. less than or equal to 3 domestic properties; or
2. non-domestic properties with a total population equivalent of less than or equal to 15; or
3. a combination of domestic and non-domestic properties with a total population equivalent of less than or equal to 15;

to a watercourse that provides a high amount of dilution and is outside:

1. a zone to protect shellfish waters;
2. a zone to protect bathing waters; or
3. a phosphate sensitive catchment.

2. The discharge to a watercourse that provides a high or medium amount of dilution

The discharge of sewage from:

1. less than or equal to 10 domestic properties; or
2. non-domestic properties with a total population equivalent less than or equal to 50; or
3. a combination of domestic and non-domestic properties with a total population equivalent of less than or equal to 50;

to a watercourse that provides a:

1. high amount of dilution for discharges from between 4 and 10 domestic properties or between 16 and 50 population equivalent; or
2. medium amount of dilution for discharges from up to 10 domestic properties or up to 50 population equivalent;

and where the watercourse is outside:

1. a zone to protect shellfish waters;
2. a zone to protect bathing waters; or
3. a phosphate sensitive catchment.

3. The discharge to a watercourse that provides a low amount of dilution

The discharge of sewage from:

1. less than or equal to 10 domestic properties; or
2. non-domestic properties with a total population equivalent less than or equal to 50; or
3. a combination of domestic and non-domestic properties with a total population equivalent of less than or equal to 50;

to a watercourse that provides a low amount of dilution and is outside:

1. a zone to protect shellfish waters;
2. a zone to protect bathing waters; or
3. a phosphate sensitive catchment.

4. The discharge to coastal and transitional waters

The discharge of sewage from:

1. less than or equal to 10 domestic properties; or
2. non-domestic properties with a total population equivalent of less than or equal to 50; or
3. a combination of domestic and non-domestic properties with a total population equivalent of less than or equal to 50;

to coastal or transitional waters outside a zone to protect:

1. shellfish waters; or
2. bathing waters.

5. Discharges within a zone to protect shellfish and bathing waters

The discharge of sewage from:

1. less than or equal to 10 domestic properties; or
2. non-domestic properties with a total population equivalent of less than or equal to 50; or
3. a combination of domestic and non-domestic properties with a total population equivalent of less than or equal to 50;

to a watercourse, coastal or transitional waters within a zone to protect:

1. shellfish waters; or
2. bathing waters.

The full set of Standard Conditions which applies to these activities can be viewed on SEPA’s website, under references EASR-SC-66, EASR-SC-67, EASR-SC-68, EASR-SC-69, EASR-SC-70.

We propose to amend the Interpretation of Terms for ‘zone to protect bathing waters’ and ‘zone to protect shellfish waters’ for these activities. All conditions, for reference EASR-SC-66, EASR-SC-67, EASR-SC-68, EASR-SC-69, EASR-SC-70, and other Interpretation of Terms will remain as currently published.

Current Interpretation of Terms for zone to protect bathing waters

• any surface water designated by the Scottish Ministers under Regulation 3 of the Bathing Waters (Scotland) Regulations 2008) as a bathing water; or
• a buffer zone around any surface water designated by the Scottish Ministers under Regulation 3 of the Bathing Waters (Scotland) Regulations 2008 as a bathing water. The buffer zone is 1500m as measured along the coast and/or up the river unless they have been extended because bacteria die-off may not have sufficiently taken place. Where this is the case it will be detailed in the bathing water improvement plan.

Current Interpretation of Terms for zone to protect shellfish waters

• an area of coastal water or transitional water designated as a shellfish water protected area under section 5A of the Water Environment and Water Services (Scotland) Act 2003 (“shellfish water protected area”; or
• watercourses that drain into the protected area up to 1500m inland of the shellfish water protected area; or
• a Classified Shellfish Harvesting area where the harvesting is for common mussels, pacific oyster, common cockles, carpet clams, pullet carpet shell or surf clams. A Classified Shellfish Harvesting area is an area classified as such by the Food Standards Agency; or
• a buffer zone, as measured 1500m along the coast and/or up the river, from the Classified Shellfish Harvesting area where the harvesting is for common mussels, pacific oyster, common cockles, carpet clams, pullet carpet shell or surf clams.

Proposed Interpretation of Terms for zone to protect bathing waters

• any surface water which was a designated bathing water under Regulation 3 of the Bathing Waters (Scotland) Regulations 2008 on the date the registration was granted; or
• a buffer zone around any surface water which was a designated bathing water under Regulation 3 of the Bathing Waters (Scotland) Regulations 2008 on the date the registration was granted. The buffer zone is 1500m as measured, along the shore; offshore and/or up the river unless they have been extended because bacteria die-off may not have sufficiently taken place. Where this is the case it will be detailed in the bathing water improvement plan.

Proposed interpretation of zone to protect shellfish waters

• an area of coastal water or transitional water which was a designated shellfish water protected area under section 5A of the Water Environment and Water Services (Scotland) Act 2003 on the date the registration was granted; or
• watercourses that drain into an area of coastal water or transitional water which was a designated shellfish water protected area under section 5A of the Water Environment and Water Services (Scotland) Act 2003 on the date the registration was granted and that are situation up to 1500 inland of that area; or
• an area that was a classified Shellfish Harvesting area, on the date the registration was granted, and where the harvesting is for common mussels, pacific oyster, common cockles, carpet clams, pullet carpet shell or surf clams. An area is a classified Shellfish Harvesting area if it has been classified as such by Food Standards Scotland; or
• a buffer zone, as measured 1500m along the coast and/or up the river, from an area that is a classified Shellfish Harvesting area, on the date the registration is granted and where the harvesting is for common mussels, pacific oyster, common cockles, carpet clams, pullet carpet shell or surf clams. An area is a classified Shellfish Harvesting area if it has been classified as such by Food Standards Scotland.

Rationale

We want to change the Interpretation of Terms to include the wording ‘on the date the registration was granted’ because these zones can change over time which may result in the discharge no longer being within or outside the zone. If this were to happen the discharge would cease to be authorised because it would not meet the activity description as currently defined in the Interpretation of Terms. This would mean an application for another sewage registration activity would be required and potentially increase or decrease the minimum type of treatment required.

This was not the intent when the approach to authorisation of these activities was conceived. We also don’t think it is fair or necessary to require a householder to have to change the level of treatment because:

• Reference to these zones only applies to those discharges that were authorised after 1 November 2025 under EASR and where the treatment system was less than 2 years old. Discharges from treatment systems that are more than 2 years old or discharges that were authorised by registration under Regulation 7 of The Water Environment (Controlled Activities) (Scotland) Regulations 2011 on the 31 October 2025 do not refer to these zones and as such would not need to change the treatment.
• There are other regulatory mechanisms to require enhanced treatment should environmental standards in one of these zones be exceeded and action to upgrade the treatment of small sewage discharges is considered necessary.

For this reason, we want to change the Interpretation of Terms for these zones to apply to the zone that was in place at the time the registration was granted. This would allow for appropriate treatment to be put in place when a treatment system is being installed but will not normally require retrospective upgrades.

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under reference EASR-SC-045.

We propose to amend the activity description and one of the Standard Conditions for this activity. All other conditions under reference EASR-SC-045 will remain as currently published.

Activity description as currently published

The abstraction of groundwater, other than below the bed of coastal or transitional waters, from a borehole or boreholes and any subsequent discharge of the abstracted water, where the total volume of water abstracted is:

1. more than 50 cubic metres (m³) per day but less than or equal to 500 cubic metres (m³) per day; and 
2. more than 150 cubic metres (m³) per year but less than or equal to 5000 cubic metres (m³) per year,

and the purpose of the abstraction is to:

1. test the yield of the borehole; or
2. determine the hydraulic properties of the aquifer; or
3. sample the water quality.

Proposed activity description

We propose to amend this activity description to:

The abstraction of groundwater, other than below the bed of coastal or transitional waters, from a borehole or boreholes and any subsequent discharge of the abstracted water, where:

1. the total volume of water abstracted is more than 50 cubic metres (m³) per day but less than or equal to 5000 cubic metres (m³) per day;
2. the total volume of water abstracted is more than 150 cubic metres (m³) per year; and
3. the abstraction is for no more than 7 days,

and the purpose of the abstraction is to:

1. test the yield of the borehole; or
2. determine the hydraulic properties of the aquifer; or
3. sample the water quality.

Standard Condition as currently published

• The abstraction must be located 50 metres or more from any spring, well or borehole that supplies water for human consumption that was in existence on the date of application for this authorisation.

Proposed amendment to the Standard Conditions

We propose to amend this Standard Condition to:

• The abstraction must not have an impact on any spring, well or borehole that supplies water for human consumption that was in existence on the date of application for this authorisation.

Rationale

We want to allow for an increased rate of abstraction under the registration for the abstraction from a borehole for the purpose of testing or sampling. The current rates of abstraction as allowed for by the registration activity description are not large enough for many abstracters to undertake test pumping without having to apply for a permit. We want to allow most test pumping to be undertaken by a registration as the risk to the water environment is low due to the short-term nature of the abstraction. We are therefore proposing to increase the allowable maximum daily abstraction rate to from 500m³ to 5000m³ and limit this to a duration of 7 days. There is a slight increased risk of temporarily reducing the flow in someone’s water supply, therefore, to mitigate this we are proposing to modify the current condition to prevent impacts on any water supply regardless of distance.

There are two activities that fall within this heading.

Activity descriptions as currently published:

• Channel modification of a minor watercourse:

1. where the length of channel affected is less than or equal to 500 metres;
2. where the channel has been previously modified; and
3. that has a bed of sand, silt or clay.

• Channel modification of a watercourse that:

1. is associated with a structure; and
2. affects less than or equal to 15 metres of channel length. 

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under references EASR-SC-52 and EASR-SC-53 respectively.

Proposed activity descriptions

We propose to amend the activity descriptions for these activities. All Standard Conditions under reference EASR-SC-52 and EASR-SC-53 will remain as currently published.

We propose to amend these activity descriptions to:

• Channel modification (not including culverting for land gain) of a minor watercourse:

1. where the length of the channel affected is less than or equal to 500 metres;
2. where the channel has been previously modified (not including culverting for land gain); and
3. that has a bed of sand, silt or clay.

• Channel modification (not including culverting for land gain) that:

1. is associated with a structure; and
2. affects less than or equal to 15 metres of channel length. 

Rationale

We want to edit the registration activity descriptions because we want to exclude the ability for these registrations to be used:

• To culvert an existing watercourse for land gain.
• To modify an existing land gain culvert.

We had previously consulted that all culverts for land gain would be authorised at permit level. Amending these activity descriptions removes confusion and avoids contradictions as the current descriptions don’t exclude culverts for land gain.