Agriculture & Farming Environmental compliance Scotland

Get authorisation for a water activity in Scotland (EASR)

How to get authorisation for any activity affecting surface water or groundwater in Scotland — abstraction, impoundment, engineering in or near a water body, and discharges. Since 1 November 2025 water activities are authorised under the Environmental Authorisations (Scotland) Regulations 2018 (EASR), which replaced the Controlled Activities Regulations (CAR 2011) framework. Covers the four-tier authorisation system (General Binding Rules, notification, registration, permit), pre-application advice, fees, and enforcement, all administered by SEPA.

Guide summary

Get authorisation from SEPA before you start any water activity in Scotland, including abstraction, impoundment, engineering in or near water, or discharges. Since 1 November 2025, these activities are regulated under the Environmental Authorisations (Scotland) Regulations 2018 (EASR). The level of authorisation you need depends on the risk your activity poses. Doing a water activity without authorisation is a criminal offence – you could be fined up to £40,000 or face unlimited fines and up to 5 years in prison.

  • Check which tier applies to your water activity (GBR, notification, registration or permit)
  • Apply for a permit through the SEPA Portal for high-risk activities
  • Follow General Binding Rules for low-risk activities – no application needed
  • Notify SEPA before starting a lower-risk activity
  • Register moderate-risk activities and pay a registration fee
  • Pay annual subsistence charges if you hold a permit
  • Penalty for no authorisation: up to £40,000 fine or unlimited on indictment
  • Permit applications take up to 4 months – plan ahead
  • Use SEPA's pre-application service for complex permits
  • Existing CAR authorisations became EASR authorisations on 1 November 2025
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If your business operates in Scotland and its activities affect surface water or groundwater, you need authorisation from the Scottish Environment Protection Agency (SEPA). On 1 November 2025 water activities moved from the Water Environment (Controlled Activities) (Scotland) Regulations 2011 ("CAR") into the Environmental Authorisations (Scotland) Regulations 2018 (EASR), by amendment regulations made in 2025 (SSI 2025/165). It remains an integrated regime: one framework covers abstraction, impoundment, engineering in or near a water body, and discharges to water or groundwater. Existing CAR authorisations transitioned to the corresponding EASR tier.

Carrying out a regulated water activity without authorisation is a criminal offence. On summary conviction the fine is capped at £40,000 (with up to 12 months' imprisonment); on indictment the fine is unlimited and imprisonment can reach five years. SEPA also has civil sanctions (Fixed and Variable Monetary Penalties) under the Regulatory Reform (Scotland) Act 2014.

The four authorisation tiers

EASR uses a risk-based four-tier system. The tier that applies to your activity depends on SEPA's assessment of its environmental risk — not on your choice. Work out which tier applies before you design the activity, because higher tiers need more evidence and longer lead times. (Under the pre-November 2025 CAR framework the upper tiers were called "Simple Licence" and "Complex Licence"; these are now permits under EASR.)

Tier 1 — General Binding Rules (GBR)

Low-risk activities are authorised automatically provided you follow the relevant General Binding Rule. You do not apply; you remain legally bound. Examples include the diffuse pollution rules for land management (GBRs 18 to 24, covering activities such as the storage and application of fertiliser, keeping of livestock, cultivation of land and application of pesticides) and GBRs for small abstractions below specified volumes.

Tier 2 — Notification

Slightly higher-risk activities require you to notify SEPA before starting. SEPA acknowledges the notification; you must carry out the activity as notified.

Tier 3 — Registration

Moderate-risk activities need a Registration with SEPA. You submit a short application, pay a registration fee, and SEPA confirms the registration if the activity meets the criteria.

Tier 4 — Permit

The highest-risk activities — major abstractions, impoundments, large discharges, significant engineering — need a permit with tailored conditions, plus an annual subsistence charge. Expect to provide a full environmental assessment, modelling of impacts, and a monitoring plan. Determination typically takes four months, often extended for major projects.

How SEPA applies the Water Framework Directive

EASR water authorisations are the primary vehicle by which SEPA delivers WFD objectives in Scotland. Every authorisation decision applies the no-deterioration test and the environmental objectives set in the river basin management plan for your catchment. SEPA will check the current ecological and chemical classification of the affected water body on the Water Environment Hub before setting conditions.

For discharges, Priority Substance Environmental Quality Standards (set in the EQSD as retained and the Priority Substances Directive) drive emission limit values. For abstractions, catchment water availability and hands-off-flow thresholds apply.

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    1. Identify which tier applies to your activity

    Use SEPA's published EASR water activity guidance to find the tier for your proposed activity. Complex projects often trigger multiple tiers — for example, a hydropower scheme typically needs a permit for the impoundment, plus an authorisation for the abstraction, plus GBR, notification or registration cover for construction runoff.

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    2. Request pre-application advice

    SEPA offers a pre-application service. For permit applications this is strongly recommended — it will tell you what WFD constraints apply to the water body, whether your design needs modification, and what evidence you will need to submit. The service is chargeable for complex applications but usually saves time and money.

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    3. Gather evidence of WFD compliance

    Before submitting a permit application, collect the current classification of the affected water body, any hands-off-flow data from SEPA, Priority Substance screening for discharges, and a mitigation plan if the activity could affect ecology (fish passage, sediment, morphology).

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    4. Apply via the SEPA Portal

    Applications (notification, registration, permit) are submitted through the SEPA Portal. Upload supporting evidence, pay the application fee, and SEPA will confirm receipt. GBR activities do not require an application but you must be able to evidence compliance on request.

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    5. Respond to consultation and determination

    Permit applications are publicly consulted for 28 days. SEPA may request further information or propose conditions — respond promptly to avoid determination delays. Determination is typically 4 months from receipt of a duly made application.

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    6. Operate in line with authorisation conditions

    Once authorised, you must comply with all conditions (limits on volume or concentration, monitoring, reporting, and any specific mitigation). Submit compliance data on the schedule set in the authorisation. Breaches can trigger Fixed or Variable Monetary Penalties or prosecution.

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    7. Vary, transfer, or surrender

    If your activity changes, apply to SEPA to vary the authorisation. Authorisations transfer with the activity on change of operator, but you must notify SEPA. If you cease the activity, apply to surrender to stop subsistence charges.

Fees and timescales at a glance
GBR None Immediate (no application needed)
Notification Low (fixed) Short — SEPA acknowledges the notification
Registration Low (fixed) Typically within 3 months
Permit Moderate to high Typically 4 months; often extended for major projects

Enforcement and civil sanctions

SEPA has a graduated enforcement toolkit:

  • Compliance and warning letters for minor, fixable breaches.
  • Fixed Monetary Penalties (FMP) — set amounts of £300, £600 or £1,000 for specified minor offences under the Regulatory Reform (Scotland) Act 2014.
  • Variable Monetary Penalties (VMP) — scaled to the harm and culpability, capped at £40,000.
  • Enforcement undertakings — voluntary offers of restoration and improvement accepted as an alternative to prosecution.
  • Prosecution — unauthorised water activity offences carry, on summary conviction, a fine of up to £40,000 and/or up to 12 months' imprisonment; on indictment, an unlimited fine and/or up to 5 years' imprisonment.

SEPA guidance and tools