We Asked, You Said, We Did

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: 

1. Those where we sought agreement for our proposed approach on the type, tier and wording of an activity and authorisation that would be required. 

2. 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.

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 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.

We consulted in December on our outline proposals for the new, spatially based risk assessment framework for regulating the interaction between sea lice from marine finfish farms and wild Atlantic salmon.

The framework will be applied through the Water Environment (Controlled Activities) (Scotland) Regulations 2011.

We worked closely with scientists from Marine Scotland to develop the technical details of the proposed framework as well as with NatureScot and local planning authorities.

Input from stakeholder groups on the Salmon Interactions Working Group (finfish producers, fishery management organisations and environmental NGOs) was invaluable in helping shape and refine the framework during its development.

The proposed framework would be implemented by embedding it within our wider regulatory framework introduced in 2019, which already regulates all discharges from marine finfish farms to the water environment.

In total, we received consultation responses from 62 stakeholders.

We have published all stakeholder responses below, with personal information redacted.

We have read and considered all the responses and have made some changes to the framework as a result. We also held a series of workshops/engagement sessions in June 2022 to update stakeholders on changes to the framework and the implementation process that we were considering and take onboard any additional feedback and comments.

The main changes we intend to take forward are summarised below, alongside our full analysis of the consultation response.

• We have decided that sea trout should be included from the beginning of the framework. We will initially focus on providing protection of sea trout in Wild Salmon Protection Zones during the early sea phase of their lifecycle and the development of a sea trout monitoring programme that will provide information to help assess risk and further develop the regime.
   
• We will produce a further consultation in early 2023 detailing how the framework will operate in practice before implementing the regime. This consultation will include details of the choices we have made on controls that will apply and an assessment of the social and economic implications of the framework.
   
• To allow time for further consultation and development of risk screening models, we will now work towards starting to apply the framework to applications for proposed new farms and expansions of existing farms in the second half of 2023. However, it is important we get it right and, if necessary, we will take additional time if needed.

SEPA and local authorities worked in partnership to develop and consult on flood risk management plans.

Plans are best if they are informed by local knowledge and help tackle issues that matter to communities in Scotland. This is why the consultation on the flood risk management plans was vital, to help ensure that we get the right actions in the right places.

SEPA hosted the joint consultation on the flood risk management plans and local flood risk management plans on the citizen space platform.

The consultation was carried out in two phases between December 2020 and October 2021. The consultation was open to everyone with an interest in flood risk management. The views SEPA has received during the consultation provide a useful insight into public knowledge and understanding.

In total SEPA received 677 responses. This included 654 online responses and an additional 23 email responses, 77% of responses were from members of the public.

Read the full summary of consultation responses.

SEPA has reviewed the feedback received. Some feedback resulted in changes made to the final flood risk management plans and these are summarised below.

Summary of changes made to the plans following the consultation

1. Further actions were added to manage flood risk in several target areas.

2. Additional Local Plan District actions were added.

3. Some actions were removed from the flood risk management plans at the request of local authorities responsible for their delivery due to completion in the time between consultation and publication.

4. Further information was included on how climate change was assessed in the preparation of the plans.

5. Further information was included on how potentially vulnerable areas were identified, and when they will be reviewed again.

6. Information was included on the progress made in implementing actions and working towards objectives in the 2015 strategies.

7. A target area boundary was amended based on new information provided.

8. A description of the importance of community actions, recognising the work that communities do to manage flooding was included, along with further information on where support is available to help people reduce their own flood risk.

9. A description of the catchment-based approach SEPA has taken, and the role it plays in delivering flood risk management actions was provided.

10. The link between flood risk management plans and land use planning was clarified.

11. Habitats Regulations Appraisal statements were added to each relevant action.

12. Some other changes were made to the way information is presented to try to make it clearer e.g., on the timing of actions being carried out.

13. Further information was provided on the uncertainty associated with funding of flood risk management actions.

As part of our work to deliver One Planet Prosperity - Our Regulatory Strategy, in 2020, SEPA consulted on a new charging scheme for marine pen fish farms. The consultation is intended to address historic under-recovery and to fund the additional work introduced by the new approach to regulating aquaculture which ensures a transparent science-based approach.

SEPA received consultation responses from stakeholder groups including a mixture of community and wild fisheries interests. These representations asked for greater ambition and higher chargers.

There were five industry representations which included all the major salmon companies and the British Trout Association representing the trout companies. The industry responses highlighted previous increases over the past five years and largely opposed increases of the scale proposed.

SEPA has reviewed the feedback received and produced a Consultation on Proposals to Increase SEPA Charges for Marine Pen Fish Farms: Analysis and Response

We consulted on an application received from the Ministry of Defence regarding HMNB Clyde and radioactive substances. The consultation ran between the January and March 2020 and provided the opportunity to comment on proposed changes to existing agreements that cover the disposal of radioactive waste from both Coulport and Faslane.

HMNB Clyde applied for substantial reductions in the amount of radioactivity it could discharge to the environment.  For liquid releases this included a 95% reduction in Co-60, a 50% reduction in H-3, a 97.5% reduction in alpha emitting radionuclides and 80% reduction in non-alpha (previously reported as gross beta).  We asked your views on whether SEPA should approve that application and whether we should introduce the same provisions to the MoD’s agreement to be consistent with other civilian sites in Scotland.

In total, we received over 7000 consultation responses. A large number of the responses related to issues which were out with our regulatory control.  Overall, there was no objection to the proposal to reduce the amount of radioactivity that could be released to the environment. A summary of feedback is available in our Consultation Response Digest Report. 

We have taken on board your comments and feedback and made some changes to the proposals. More information on the responses we received and what we have done in response is outlined in the Decision Document.

SEPA ran a consultation about the steps we will take to engage stakeholders in the preparation of the third river basin management plan, RBMP, for Scotland. The consultation provided stakeholder with the opportunity to comment on; the timescales for formal consultation, how we will engage with partners, our intentions for cross border working and aligning RBMP with other plans and policies. A consultation for the Solway Tweed ran in conjunction.

We received 38 responses from a variety of well-informed stakeholders who agreed with the proposed consultation steps and timescales set out in the consultation. The respondents were very supportive of the proposed partnership approach and integration with plans and policies. They felt this was the most efficient way to use resource and delivery multiple benefits. Some respondents sought clarification about the format of engagement and more detail about how RBMP would be integrated into other plans and policies.

The full summary of responses can be found here.

Given the supportive nature of the responses SEPA will progress with the proposals outlined. SEPA will publish a communication and engagement strategy geared to the publication of the third plans to provide further detail to stakeholders.

SEPA and the Environment Agency ran a consultation about the steps we intend to take to engage stakeholders in the preparation of the third river basin management plan, RBMP.

The consultation provided stakeholders with the opportunity to comment on; the timescales for formal consultation, intentions to work with partners and our intentions for cross border working. A consultation for Scotland ran in conjunction.

Seventeen responses from a variety of well-informed stakeholders responded. Respondents were supportive of the proposed steps and timescales set out in the consultation. The respondents praised the partnership approach and support integration of plans and policies. It was acknowledged that this approach often needs to be adapted for with cross border working. They felt this was the most efficient way to use resource and deliver wider benefits.

The full summary of responses can be found here.

Given the largely supportive responses we intend to progress with the proposals outlined in the consultation to develop the third river basin management plans.

In addition to our national approaches, SEPA and the Environment Agency will jointly develop a communication and engagement strategy for catchments close to the national border.

Flood Risk Management in Scotland: 2018 Consultation on Potentially Vulnerable Areas closed on 31 July 2018 following a three month public consultation. The consultation process forms part of the work to review and update the 2011 National Flood Risk Assessment, as required by the Flood Risk Management (Scotland) Act 2009. Our understanding of flood risk is constantly improving and periodic reviews and updates are essential to ensure we can effectively support flood risk management in Scotland. The consultation provided an opportunity for members of the public and our partners to provide us with feedback on the proposed changes to Potentially Vulnerable Areas to make sure we have got it right. In addition to informing our view on Potentially Vulnerable Areas for 2021-2027, the consultation was also an important opportunity to gather views on the retention of Local Plan Districts and future consultation arrangements for flood risk management.

 A link to the Consultation Outcome Report can be found here: https://www.sepa.org.uk/media/375826/frm-in-scotland-pva-2018_consultation-outcome-report.pdf

We received a good level of support for the National Flood Risk Assessment. The 2018 National Flood Risk Assessment has significantly improved upon the previous baseline of flood risk and represents the best understanding yet of flood risk in Scotland. This in no small part reflects the input from partners and the public to improve our underlying evidence.  

We received general agreement from respondents on our proposals for new Potentially Vulnerable Areas. Only 13% of respondents challenged areas we are proposing for designation. Similarly, only 14% of respondents requested additional locations to be identified as Potentially Vulnerable Areas.

We received good support for the retention of the 14 Local Plan Districts, as well as for the planned consultation arrangements for the period 2018-2021.

The public consultation also demonstrated that many people think flooding is a major climate change risk for Scotland.

A full analysis of the responses received can be found in the Consultation Outcome Report here: https://www.sepa.org.uk/media/375826/frm-in-scotland-pva-2018_consultation-outcome-report.pdf

In taking account of the views received, SEPA has amended one of the Potentially Vulnerable Areas that we consulted on and identified two additional Potentially Vulnerable Areas. Our explanation for making these changes, and not making others that were requested via consultation, are explained in the Consultation Outcome Report, see link below.

In the consultation we proposed a minor Local Plan District boundary change, at Nairn, to better accommodate flood risk management in this area. Given the support we received, we intend to proceed with the 14 Local Plan Districts as proposed.

No changes have been made to the Statement on Consultation Arrangements.

A revised set of Potentially Vulnerable Areas have now been submitted to Scottish Ministers for approval.

Consultation on draft standard conditions for radioactive substances authorisations closed on 20 June 2018 following a 12-week public consultation.  The consultation process formed part of the procedure that SEPA needs to follow under the Environmental Authorisations (Scotland) Regulations 2018 (EASR) when making standard conditions.  The draft standard conditions we consulted on were developed following stakeholder engagement and provided an opportunity for those who will be regulated under EASR and other interested parties to comment on them.  We also consulted on the draft guidance for standard conditions.

We received a good level of response from a wide range of stakeholders and the responses were broadly supportive of the standard conditions we proposed.  Some respondents provided specific comments and sought clarification on the standard conditions.  A comprehensive review of the comments received and our response to them can be found in the Consultation Response here: Consultation response

We took account of all the comments made and have answered them in the Consultation Response document.  As a result we have made some changes to the standard conditions and guidance; the final standard conditions and guidance can be found on our website.
Standard conditions
Guidance

In February 2016, the Scottish Environment Protection Agency, the Environment Agency, and Natural Resources Wales (together referred to as “the environment agencies”) consulted on proposed new guidance on “Requirements for Release of Nuclear Sites from Radioactive Substances Regulation” (for full details of the original consultation, please see the text against the grey background in the section beginning with "Overview" below).

We received comments from 22 organisations and individuals. 

These comments generally supported the environment agencies’ approach. 

Respondents also provided many suggestions for improving the detailed text of our guidance.

We analysed the consultation comments we received, and produced a report on how we planned to act on these comments (available in the Files section below).

We also carried out a two-year period of trial-use at three different sites:

• Dounreay in Scotland
• Trawsfynydd nuclear power station in Wales
• Winfrith in England

A number of themes emerged from the consultation comments, and the learning from the trial-use period, which prompted us to improve the structure and clarity of our guidance.

However, we did not identify the need for any substantive changes to our approach.

We have now published our new guidance entitled “Management of radioactive waste from decommissioning of nuclear sites: Guidance on Requirements for Release from Radioactive Substances Regulation”, also known as the GRR.  The full text of the GRR is available from:

https://www.sepa.org.uk/regulations/radioactive-substances/nuclear-industry

https://naturalresources.wales/guidance-and-advice/environmental-topics/waste-management/management-of-radioactive-waste-guidance/?lang=en

We have also published a brief non-technical summary of the GRR, which is available from:

https://www.sepa.org.uk/regulations/radioactive-substances/nuclear-industry

https://naturalresources.wales/guidance-and-advice/environmental-topics/waste-management/management-of-radioactive-waste-guidance/?lang=en

https://www.gov.uk/government/publications/decommissioning-of-nuclear-sites-and-release-from-regulation

We sought comments from public bodies involved in management of the water environment, together with land and water managers, and commercial users about developing the second Scotland river basin management plan.

Comments received were supportive of the proposals set out in the consultation and additional suggestions that will be taken into account as we develop the second plan.

Summaries of the comments received and actions that will be taken are available at http://www.sepa.org.uk/water/river_basin_planning.aspx In 2014 we will consult on the changes that are proposed for the second plans that will be published in 2015.

We sought comments from public bodies involved in management of the water environment. Together with land and water managers and commercial users about developing the second Solway Tweed river basin management plan.

Comments received were supportive of the proposals set out in the consultation and additional suggestions were collected that will be taken into account in the development of the second plan.

Summeries of the responses received and actions that will be taken are available at: http://www.sepa.org.uk/water/river_basin_planning.aspx In 2014 we will consult on the changes that are proposed for the second plans that will be published in 2015.