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Scottish Statutory Instrument
2018
Scotland
The Environmental Authorisations (Scotland) Regulations 2018
At a glance
What's here
215 compliance obligations, 3 practical guides across 2 topics · 4 journeys
Penalty landscape
2 of 215 obligations carry an unlimited fine. 2 carry different penalties and 211 have no criminal penalty — flagged in the list below.
Who this Act binds
Plus 138 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Responding to environmental enforcement
- 1 step
Dealing with a pollution incident
- 1 step
Water Framework Directive compliance for businesses
- 4 steps
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
3 guidesWhat this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Variation Notices
Other duties (1) — Crown / regulator
- SEPA must give variation notice when changing a permit or registration Statutory regulator
Surrender applications
Other duties (1) — Crown / regulator
- SEPA must consider environmental impact and reasonable steps before granting surrender Statutory regulator
Notice of surrender
- Carry out SEPA's clean-up and restoration steps when surrendering an environmental authorisation
Revocation of permits or registrations
Other duties (1) — Crown / regulator
- SEPA must include required content in revocation notices Statutory regulator
(1) The Scottish Ministers may direct SEPA that an application...
Other duties (1) — Crown / regulator
- Scottish Ministers may require SEPA to refer applications for their decision Crown / Minister / Government department
(1) This paragraph applies where Scottish Ministers have directed SEPA...
Other duties (1) — Crown / regulator
- Scottish Ministers must determine referred environmental authorisation applications and variations Crown / Minister / Government department
Notifications relating to certain applications
Other duties (1) — Crown / regulator
- SEPA must notify you of application timelines and consultation requirements Statutory regulator
Public consultation requirements
Other duties (1) — Crown / regulator
- SEPA must run a 28-day public consultation on applications or variations Statutory regulator
Duty to determine an application
Other duties (1) — Crown / regulator
- SEPA must decide and notify applicants on environmental authorisations Statutory regulator
(1) The amount to be paid by way of compensation...
- Assess compensation for off-site rights under strict rules
(1) Before imposing an off-site condition, SEPA must (so far...
Other duties (1) — Crown / regulator
- SEPA must notify landowners before imposing off-site conditions Statutory regulator
Where SEPA imposes an off-site condition, it must provide a...
Other duties (1) — Crown / regulator
- SEPA must provide copies of off-site condition permits to affected persons Statutory regulator
A person (“person A”) whose consent is required for a...
- Grant necessary land rights for off-site condition compliance
The person to whom an off-site right has been granted...
- Pay compensation for an off-site right granted to you
But where a person (other than SEPA) has failed to...
Other duties (1) — Crown / regulator
- SEPA must pay compensation when the liable person fails to pay Statutory regulator
A person who wishes to appeal under regulation 55 must...
- Send appeal notice to Scottish Ministers and copy to SEPA
SEPA must make any written representations to the Scottish Ministers...
Other duties (1) — Crown / regulator
- SEPA must submit written representations to Scottish Ministers within 28 days Statutory regulator
The appellant must make any further written representations by way...
- Submit further written representations in an appeal against SEPA within 28 days
When SEPA or the appellant makes any representations to the...
- Send copy of representations to SEPA when appealing
The Scottish Ministers must send to the appellant and SEPA...
Other duties (1) — Crown / regulator
- Scottish Ministers must share representations and allow 14 days for responses Crown / Minister / Government department
Where the Scottish Ministers cause a hearing to be held,...
Other duties (1) — Crown / regulator
- Scottish Ministers must give 28 days' notice of hearing to appellant and SEPA Crown / Minister / Government department
Where any part of a hearing is to be held...
Other duties (1) — Crown / regulator
- Scottish Ministers must publish notice of public hearing at least 21 days in advance Crown / Minister / Government department
Nothing in paragraph 20 prevents the appointed person from allowing...
Other duties (1) — Crown / regulator
- Appointed person must not unreasonably refuse permission for others to be heard Statutory regulator
The appointed person must cause notice of the time and...
Other duties (1) — Crown / regulator
- Appointed person must give notice of hearing to interested persons Tribunal / Court
(1) Where the Scottish Ministers or the appointed person make...
Other duties (1) — Crown / regulator
- Scottish Ministers must certify expense amounts and recover as debt Crown / Minister / Government department
After the conclusion of a hearing, the appointed person must...
Other duties (1) — Crown / regulator
- Appointed person must report to Scottish Ministers after hearing Crown / Minister / Government department
(1) The Scottish Ministers must— (a) give written notice to...
Other duties (1) — Crown / regulator
- Scottish Ministers must notify appellant of appeal decision and reasons Crown / Minister / Government department
SEPA must, within 14 days of receipt of the copy...
Other duties (1) — Crown / regulator
- SEPA must notify consultees and others about environmental appeals Statutory regulator
A notice under paragraph 6 must— (a) describe the subject...
Other duties (1) — Crown / regulator
- SEPA must include appeal information in enforcement notice Statutory regulator
SEPA must within 14 days of sending a notice under...
Other duties (1) — Crown / regulator
- SEPA must notify Scottish Ministers after sending enforcement notices Statutory regulator
In the event of an appeal being withdrawn, SEPA must...
Other duties (1) — Crown / regulator
- SEPA must notify all parties when an appeal is withdrawn Statutory regulator
(1) This paragraph applies to a person (“A”) who has...
- Apply to vary your licence for high-activity sealed sources within 6 months
(1) A permit for a Part A installation at which...
- Establish radioactive contamination detection and notify SEPA
Applications
Other duties (1) — Crown / regulator
- SEPA must set proportionate radiation protection info requirements for permit applications Statutory regulator
Consultation: local authorities and relevant water authorities
Other duties (1) — Crown / regulator
- SEPA must consult local/water authorities before granting radioactive waste authorisation Statutory regulator
Consultation: security of sealed sources
Other duties (1) — Crown / regulator
- SEPA must consult on security before deciding certain radioactive substances authorisations Statutory regulator
Authorisation conditions: general
- Meet SEPA permit conditions for radioactive substances activities
Authorisation conditions: discharge limits
Other duties (1) — Crown / regulator
- SEPA must set discharge limits in radioactive substances permits using specified criteria Statutory regulator
Authorisation conditions: monitoring
- Monitor and report radioactive discharges if you operate a permitted activity
Authorisation conditions: high-activity sealed sources
Other duties (1) — Crown / regulator
- SEPA must include high-activity source safety conditions in permits Statutory regulator
Authorisation conditions: manufacture and supply of high-activity sealed sources
Other duties (1) — Crown / regulator
- SEPA must include source identification and warning conditions in permits Statutory regulator
Authorisation conditions: records of high-activity sealed sources
- Keep records of high-activity sealed sources and provide to SEPA
Estimation of doses to the members of the public
Other duties (1) — Crown / regulator
- SEPA must estimate radiation doses to the public Statutory regulator
SEPA must— (a) identify radioactive substances activities for which an...
Other duties (1) — Crown / regulator
- SEPA must identify radioactive substances activities requiring public dose assessment and allow realistic or screening methods Statutory regulator
Where it has specified that an assessment must be carried...
Other duties (1) — Crown / regulator
- SEPA must specify realistic assessment scope for radioactive doses Statutory regulator
Inspections
Other duties (1) — Crown / regulator
- SEPA must inspect radioactive substances activities and report findings Statutory regulator
Record keeping
Other duties (1) — Crown / regulator
- SEPA must keep records of high-activity sealed source authorisations Statutory regulator
Sealed sources
Other duties (1) — Crown / regulator
- SEPA must set up a system for authorised persons to report high-activity sealed source transfers Statutory regulator
Orphan Sources
Other duties (1) — Crown / regulator
- SEPA must provide technical advice on orphan sources to non-specialists Statutory regulator
(1) SEPA must have plans, preparations or provisions in place...
Other duties (1) — Crown / regulator
- SEPA must prepare plans for orphan source control and emergency response Statutory regulator
Where an authorisation requires or permits radioactive waste to be...
Other duties (1) — Crown / regulator
- Local authorities must accept and deal with radioactive waste as authorised Local authority
Authorisation conditions: protection of the water environment
Other duties (1) — Crown / regulator
- SEPA must include water protection conditions in water activity authorisations Statutory regulator
Duties: general
Other duties (1) — Crown / regulator
- SEPA must assess water activity impacts before permitting Statutory regulator
Duties: environmental objectives
Other duties (1) — Crown / regulator
- SEPA must secure environmental objectives for water bodies and have regard to related regulations Statutory regulator
Duty on SEPA: waste hierarchy
Other duties (1) — Crown / regulator
- SEPA must consider waste hierarchy when setting permit conditions Statutory regulator
Duty on SEPA: inspections
Other duties (1) — Crown / regulator
- SEPA must carry out periodic inspections of waste management activities Statutory regulator
Authorisations: waste treatment
Other duties (1) — Crown / regulator
- SEPA must authorise waste treatment by permit/registration with conditions Statutory regulator
Authorisations: record-keeping
- Keep records of waste and recovery operations as per SEPA authorisation conditions
Authorisation conditions: metal contamination
Other duties (1) — Crown / regulator
- SEPA must include radioactive detection conditions in metal contamination permits Statutory regulator
Authorisations: hazardous waste mixing
Other duties (1) — Crown / regulator
- SEPA must authorise hazardous waste mixing only via permit/registration with conditions Statutory regulator
Authorisations: separation of mixed hazardous waste
Other duties (1) — Crown / regulator
- SEPA must authorise conditions requiring separation of mixed hazardous waste Statutory regulator
Authorisations: waste oils
Other duties (1) — Crown / regulator
- SEPA must include conditions in waste oil authorisations to prioritise regeneration and prevent mixing Statutory regulator
Authorisation conditions: waste which may be accepted in different classes of landfill
Other duties (1) — Crown / regulator
- SEPA must set permit conditions for landfill waste acceptance based on class Statutory regulator
Authorisation conditions: costs of disposal of waste in landfill
Other duties (1) — Crown / regulator
- SEPA must set permit conditions ensuring landfill charges cover full costs Statutory regulator
Authorisation conditions: waste acceptance procedures
Other duties (1) — Crown / regulator
- SEPA must set waste acceptance conditions in landfill permits Statutory regulator
Authorisation conditions: control and monitoring of operational landfill sites
Other duties (1) — Crown / regulator
- SEPA must set landfill permit conditions for monitoring and remediation Statutory regulator
Authorisation conditions: closure and after-care procedures for landfills
- Follow closure and after-care procedures in your landfill permit
Surrender or revocation of permit for landfill activity
Other duties (1) — Crown / regulator
- SEPA must not approve surrender or revocation of landfill permit while hazard remains Statutory regulator
Additional criteria for acceptance of waste at landfills for hazardous waste
- Check hazardous waste meets landfill acceptance criteria before disposal
Additional criteria for acceptance of waste at landfills for non-hazardous waste
- Ensure non-hazardous waste accepted without testing meets landfill criteria
Criteria for asbestos waste
- Operate asbestos waste landfill in compliance with strict criteria
Additional criteria for waste acceptable without testing at landfills for inert waste
- Accept inert waste without testing only from a single source and single waste stream
Criteria for underground storage
- Follow site-specific safety assessment for underground waste storage
Specific acceptance criteria for the temporary storage of mercury
- Comply with acceptance criteria for storing mercury over one year
Basic characterisation
- Characterise all waste before accepting it at a landfill
Compliance testing
- Conduct compliance testing on regularly generated waste and keep records
Emission data: water, leachate and gas control
- Monitor leachate, surface water, and gas emissions from your landfill
Protection of groundwater: sampling
- Sample groundwater at your landfill to monitor leachate impact
Location
Other duties (1) — Crown / regulator
- SEPA must only permit landfill if site location poses no serious environmental risk Statutory regulator
Protection of soil and water and leachate collection and sealing systems
- Design and operate landfill to prevent pollution and collect leachate
Gas control
- Control, collect, treat and flare landfill gas safely
Nuisances and hazards
- Minimise nuisances and hazards from your landfill site
Stability
- Ensure waste placement stability and prevent slippage
Site security
- Secure landfill site and control access
Site requirements for the temporary storage of mercury
- Comply with site requirements for temporary mercury storage over one year
Authorisation by permit and landfill classification
Other duties (1) — Crown / regulator
- SEPA must classify landfill before granting a permit Statutory regulator
Authorisation conditions: general
Other duties (1) — Crown / regulator
- SEPA must include conditions in landfill permits covering competence, training, accident prevention, financial security, pre‑inspection, reporting and waste limits Statutory regulator
Authorisation conditions: prohibition of acceptance of certain waste at landfills
Other duties (1) — Crown / regulator
- SEPA must ban certain wastes from landfills through permit conditions Statutory regulator
Authorisations: separately collected waste
Other duties (1) — Crown / regulator
- SEPA must include conditions to prevent mixing of separately collected waste Statutory regulator
Authorisations: storage prior to treatment
Other duties (1) — Crown / regulator
- SEPA must include site condition requirements in waste vehicle storage authorisations Statutory regulator
Authorisations: site requirements
Other duties (1) — Crown / regulator
- SEPA must impose site condition requirements on waste vehicle treatment authorisations Statutory regulator
Authorisations: required treatment operations
Other duties (1) — Crown / regulator
- SEPA must set depollution conditions for waste vehicle treatment Statutory regulator
Authorisations: recovery and recycling
Other duties (1) — Crown / regulator
- SEPA must include recycling conditions in waste vehicle treatment authorisations Statutory regulator
Authorisation conditions: treatment of WEEE
Other duties (1) — Crown / regulator
- SEPA must include WEEE treatment conditions in authorisations Statutory regulator
Selective treatment for materials and components of WEEE
- Remove specified hazardous components from separately collected WEEE and treat as required
Authorisations: conditions
Other duties (1) — Crown / regulator
- SEPA must impose fluid removal and surface conditions in battery treatment authorisations Statutory regulator
Authorisation conditions: records
Other duties (1) — Crown / regulator
- SEPA must impose record-keeping conditions on waste-to-land authorisations Statutory regulator
Authorisations: general
Other duties (1) — Crown / regulator
- SEPA must set conditions in waste-to-land authorisations Statutory regulator
Authorisation conditions: soil concentrations
Other duties (1) — Crown / regulator
- SEPA must set soil concentration limits in waste-to-land authorisations Statutory regulator
Authorisation conditions: sewage sludge
Other duties (1) — Crown / regulator
- SEPA must include sewage sludge conditions in land-spreading authorisations Statutory regulator
Authorisation conditions: soil sampling
Other duties (1) — Crown / regulator
- SEPA must include soil testing conditions in authorisations for land recovery of waste Statutory regulator
Authorisation conditions: waste sampling
Other duties (1) — Crown / regulator
- SEPA must set waste sampling conditions in land-spreading authorisations Statutory regulator
Authorisations: greenhouse gas emissions
Other duties (1) — Crown / regulator
- SEPA must not set greenhouse gas emission limits where a UK ETS permit already applies Statutory regulator
Duties relating to best available techniques
Other duties (1) — Crown / regulator
- SEPA must track best available techniques and share information publicly Statutory regulator
Authorisations: incidents, accidents and non-compliance
- Report incidents, accidents and non-compliance immediately to SEPA
Permits: emission limit values and environmental quality standards
- Ensure your permit emission limits meet BAT levels or apply for a SEPA derogation
Permits: surrender applications
Other duties (1) — Crown / regulator
- SEPA must refuse permit surrender unless site is cleaned up Statutory regulator
Permits: reviews
Other duties (1) — Crown / regulator
- SEPA must periodically review and update emission permit conditions Statutory regulator
Environmental inspection plans
Other duties (1) — Crown / regulator
- SEPA must maintain and review environmental inspection plans for emissions activities Statutory regulator
Environmental inspections
Other duties (1) — Crown / regulator
- SEPA must inspect emissions sites regularly and report findings Statutory regulator
Proposed change in operation
Other duties (1) — Crown / regulator
- Notify SEPA before changing operations that could affect the environment Statutory regulator
Public consultation
Other duties (1) — Crown / regulator
- SEPA must conduct public consultation for certain permit applications and variations Statutory regulator
SEPA: trans-boundary effects
Other duties (1) — Crown / regulator
- SEPA must notify Scottish Ministers of cross-border environmental risks Statutory regulator
Scottish Ministers’ duties: trans-boundary effects
Other duties (1) — Crown / regulator
- Scottish Ministers must consult neighbouring states on emissions activities with cross-border effects Crown / Minister / Government department
Scottish Ministers’ duties: access to justice
Other duties (1) — Crown / regulator
- Scottish Ministers must make information about appeals and judicial reviews publicly available Crown / Minister / Government department
General principles: waste hierarchy
Other duties (1) — Crown / regulator
- SEPA must apply waste hierarchy when setting permit conditions Statutory regulator
Duties relating to standard conditions
Other duties (1) — Crown / regulator
- SEPA must set and update standard conditions using best available techniques Statutory regulator
Permits: general conditions
Other duties (1) — Crown / regulator
- Include environmental permit conditions set by SEPA Statutory regulator
Carbon capture and storage
Other duties (1) — Crown / regulator
- SEPA must assess CCS feasibility for large combustion plants (300MW+) Statutory regulator
Abatement equipment malfunction or breakdown
- Notify SEPA and take corrective action if abatement equipment breaks down
Emissions monitoring and compliance
Other duties (1) — Crown / regulator
- SEPA must set permit conditions for large combustion plant monitoring and compliance Statutory regulator
Multi-fuel firing combustion plants
Other duties (1) — Crown / regulator
- SEPA must set emission limits for multi-fuel combustion plants using a fuel-weighting formula Statutory regulator
Monitoring and reporting
Other duties (1) — Crown / regulator
- SEPA must ensure permits include combustion plant reporting conditions Statutory regulator
Measurements
- Measure SO2, NOx, dust, CO and mercury emissions from large combustion plants
Changes in fuel used or mode of operation of the plant
- Notify SEPA of significant changes in fuel type or plant operation
Relevant standards
- Use approved standards for emissions monitoring and annually verify automated systems
Confident interval values
- Ensure emission measurements meet confidence interval limits
Authorisations: permits
- Obtain a permit before operating a large combustion plant
Permits: discharge of waste gases
- Discharge waste gases via a stack with calculated height to protect health and environment
Permits: emission limit values
- Keep emissions within permitted limits for large combustion plants
Emission limit value exemptions: fuel shortages and interruptions
- Apply to SEPA for emission limit exemption during fuel shortages
Authorisations: delivery and reception of waste
Other duties (1) — Crown / regulator
- SEPA must include waste delivery and reception conditions in incineration permits Statutory regulator
Authorisations: residues
Other duties (1) — Crown / regulator
- SEPA must set licence conditions to minimise and manage waste residues Statutory regulator
Authorisations: incineration of batteries
Other duties (1) — Crown / regulator
- SEPA must prohibit incineration of waste industrial and automotive batteries in authorisations Statutory regulator
Authorisations: review of conditions
Other duties (1) — Crown / regulator
- SEPA must periodically review and update permit conditions Statutory regulator
Reports
Other duties (1) — Crown / regulator
- SEPA must set reporting conditions for large waste incineration plants Statutory regulator
(1) All emission limit values are to be calculated—
- Comply with emission limit values for waste incineration plants
Measurement techniques
- Measure your emissions using proper standards and methods
Measurements relating to air polluting substances: requirements
- Carry out required emission measurements and standardisation for waste incineration plants
Measurements relating to water polluting substances
- Carry out wastewater monitoring at your incineration plant
Authorisations: general conditions
Other duties (1) — Crown / regulator
- SEPA must include specific conditions in waste incineration authorisations Statutory regulator
Authorisations: control of emissions
Other duties (1) — Crown / regulator
- SEPA must impose emission control conditions in waste incineration authorisations Statutory regulator
Authorisations: emissions monitoring
Other duties (1) — Crown / regulator
- SEPA must include emissions monitoring conditions in incineration authorisations Statutory regulator
Authorisations: operating conditions
- Operate waste incineration with minimum temperature and slag quality conditions
Variations to operating conditions
Other duties (1) — Crown / regulator
- SEPA must ensure conditions are met before varying incineration levels or temperatures Statutory regulator
Authorisation conditions: monitoring of emissions
Other duties (1) — Crown / regulator
- SEPA must set emission monitoring conditions in your authorisation Statutory regulator
Compliance: collection and reporting of data
Other duties (1) — Crown / regulator
- SEPA must impose record-keeping conditions in organic solvent emissions authorisations Statutory regulator
Authorisations: substantial change
- Do not make a substantial change without an authorisation variation
Solvent management plans: requirements
- Use a solvent management plan to track and reduce emissions
Reduction schemes: principles and requirements
- Implement emission reduction scheme for coating, varnish, adhesive or ink applications
Authorisation conditions: substitution of hazardous substances
Other duties (1) — Crown / regulator
- SEPA must impose substitution conditions in authorisations for organic solvents emissions activities Statutory regulator
Authorisation conditions: control of emissions
- Control volatile organic compound emissions from your installation
Authorisation conditions: control of emissions of hazard statement solvent substances
Other duties (1) — Crown / regulator
- SEPA must set emission controls for hazard statement solvent substances in authorisations Statutory regulator
Authorisation conditions: aggregation
Other duties (1) — Crown / regulator
- SEPA must set aggregation conditions for multiple solvent emission activities Statutory regulator
Authorisation conditions: start-up and shut-down
Other duties (1) — Crown / regulator
- SEPA must include VOC-minimisation conditions in authorisations for start-up and shut-down Statutory regulator
Authorisation conditions: disposal of waste
Other duties (1) — Crown / regulator
- SEPA must prohibit disposal of titanium dioxide waste into water environments Statutory regulator
Emissions: water
- Comply with emission limit values for water discharges from titanium dioxide installations
Emissions: air
Other duties (1) — Crown / regulator
- SEPA must set strict air emission conditions in titanium dioxide authorisations Statutory regulator
Emissions: monitoring and compliance
Other duties (1) — Crown / regulator
- SEPA must include monitoring conditions in authorisations for titanium dioxide activities Statutory regulator
Determining the efficiency of the cogeneration process
- Calculate and demonstrate primary energy savings for cogeneration units
Cost-benefit analysis
- You must include a cost-benefit analysis with your authorisation application (unless already covered nationally)
Cost-benefit analysis: principles
Other duties (1) — Crown / regulator
- SEPA must conduct cost-benefit analyses following prescribed principles Statutory regulator
Determination of applications
Other duties (1) — Crown / regulator
- SEPA must consider cost-benefit analysis and national assessment when determining authorisation applications Statutory regulator
Emissions monitoring
- Monitor emissions and keep records for medium combustion plants
Compliance
Other duties (1) — Crown / regulator
- SEPA must include immediate-compliance conditions in medium combustion plant authorisations Statutory regulator
Compliance and measurement
Other duties (1) — Crown / regulator
- SEPA must check your compliance with emission limits Statutory regulator
Authorisations
- Get the correct type of authorisation for your medium combustion plant
Emission limit values: general
- Keep emissions of SO2, NOx and dust within legal limits for medium combustion plants
Authorisation conditions: storage installations at terminals
Other duties (1) — Crown / regulator
- SEPA must impose vapour recovery storage conditions on terminal authorisations Statutory regulator
Authorisation conditions: specifications for bottom-loading, vapour collection and overfill protection of European road tankers
Other duties (1) — Crown / regulator
- SEPA must include bottom-loading and vapour recovery conditions in petrol vapour recovery authorisations Statutory regulator
Authorisation conditions: loading and storage equipment at service stations
Other duties (1) — Crown / regulator
- SEPA must set conditions for petrol vapour recovery at service stations Statutory regulator
Authorisations: requirements for Stage II petrol vapour recovery systems
Other duties (1) — Crown / regulator
- SEPA must set conditions for Stage II petrol vapour recovery systems in authorisations Statutory regulator
Browse 238 other Schedules — structural / supplementary
Form of application
Time limits for determining applications
Extension of determination periods
Calculating the determination period
Interpretation: satisfactory state
This Part applies to— (a) an application for—
Pre-application community engagement
Accompanying information
Before granting an application or issuing a variation to which...
SEPA must not determine an application or SEPA initiated variation...
The days specified are— (a) where every person who made...
In this schedule— “application” or “applications” includes reference to any...
(1) This paragraph applies to a function of the Scottish...
Withdrawing an application
Modifying an application
Further information in respect of an application
Public Consultation: scope
For the purposes of this schedule SEPA imposes an off-site...
(1) Subject to sub-paragraph (2), an entitlement to compensation under...
(1) An application for compensation under this schedule must be...
(1) Compensation payable carries interest at the rate for the...
(1) Compensation that is determined to be due is payable—...
In this schedule— “1963 Act” means the Land Compensation (Scotland)...
(1) SEPA may impose an off-site condition for any of...
This Part applies in any case where either—
Subject to paragraph 12, compensation is payable for—
In this schedule, “fixed monetary penalty”, “variable monetary penalty”, “VMP...
The Scottish Ministers may require exchanges of written representations between...
Before determining an appeal under regulation 56, the Scottish Ministers...
A hearing may, if the appointed person so decides, be...
The Scottish Ministers may vary the date fixed for the...
The documents specified are— (a) a written statement of the...
The persons entitled to be heard at a hearing are—...
The appointed person may— (a) by notice in writing require—...
But the appointed person may not require any person to...
(1) A person who is required to give evidence at...
(1) The Scottish Ministers or the appointed person may treat...
(1) The Scottish Ministers or the appointed person may make...
An appellant may withdraw an appeal by notice to the...
Subject to paragraph 5, notice of appeal in accordance with...
The Scottish Ministers may in a particular case allow notice...
Interpretation
(1) An existing licence which— (a) is in effect immediately...
(1) If before the relevant date a person—
(1) This paragraph applies to a person (“A”) carrying on...
The 1993 Act continues to have effect notwithstanding its repeal...
Nuclear Installations Act 1965
Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003
Waste Management Licensing (Scotland) Regulations 2011
Water Environment (Controlled Activities) (Scotland) Regulations 2011
Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014
Environmental Regulation (Relevant Offences) (Scotland) Order 2014
The Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014
Environmental Regulation (Enforcement Measures) (Scotland) Order 2015
Scottish Landfill Tax (Administration) Regulations 2015
Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
Environmental Protection Act 1990
Environment Act 1995
Food Standards Act 1999
Energy Act 2004
Special Waste Regulations 1996
Ionising Radiations Regulations 2017
Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000
Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003
The enactments listed in column 1 of the Table are...
The enactments listed in column 1 of the Table are...
Scope
Radionuclides not of natural terrestrial or cosmic origin in background radioactivity
Substances or articles after disposal
Historic radium contamination
General Binding Rules – disapplication
Authorisation by permit or registration
Refusal of applications
SEPA must refuse to grant an authorisation for a radioactive...
(1) “Radioactive substances activity” does not include—
General Principles of Radiological Protection: Optimisation and Dose Limitation
Dose constraints
Interpretation
(1) Where SEPA is satisfied that radioactive waste ought to...
Where a local authority or relevant water authority takes any...
Statutory provisions
Interpretation: this schedule and schedule 9
Interpretation: radioactive material and radioactive waste
NORM industrial activity
Processed radionuclides of natural terrestrial or cosmic origin
Radionuclides not of natural terrestrial or cosmic origin
Radionuclides with a short half-life
In this schedule— “ agriculture ” has the meaning given...
Interpretation: NORM
Interpretation: radioactive substances common rules
Scope
(1) The water environment includes any part of the water...
Authorised person in relation to a private sewage activity
Scope
(1) “ Waste management activity ” includes, but is not...
Scope
Scope
General criteria for the acceptance of waste at all landfill
Additional general criteria for the acceptance of waste at landfills for hazardous waste
Additional general criteria for the acceptance of waste at landfills for non-hazardous waste
Additional general criteria for the acceptance of waste at landfills for inert waste
Interpretation: landfill
Criteria for granular stable non-reactive hazardous waste deposited in a cell on its own and granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell
Criteria relating to gypsum based waste
Limit values for waste acceptable at landfills for inert waste
Interpretation: landfill activity
This Part sets out minimum procedures for monitoring to be...
Sampling and test methods
Protection of groundwater: monitoring
Protection of groundwater: trigger levels
Topography of the site: data on landfill body
Water control and leachate management
Interpretation: general
Exemptions for certain landfills on islands and in isolated settlements
Applications for authorisations
Scope
Interpretation: general
Authorisations: Materials Facilities Code
Scope
Interpretation: general
Authorisations: general
Authorisations: general conditions
Scope
Interpretation: General
Technical requirements for sites for storage of WEEE prior to treatment
Technical requirements for WEEE treatment sites
Scope
Interpretation
Scope
(1) In this schedule “ soil improvement ” means any...
For the purposes of this schedule, waste is applied to...
Interpretation: general
Scope
Duties related to environmental impact assessments
(1) “ Industrial emissions activity ” does not include—
Interpretation: general
Interpretation: substantial change
Interpretation: threshold values
Interpretation: baseline and site reports
Authorisations: general
Authorisations: multiple installations and multiple authorised persons
Scope
Exception for the testing and use of emerging techniques
Interpretation: polluting substances
General principles: BAT
BAT: criteria for determining
Authorisations: general
Permits: applications
Scope and interpretation: operating a large combustion plant
Start-up and shut-down periods
Calculation of emission limit values
Emission limit values for SO2 for combustion plants using solid or liquid fuels (with the exception of gas turbines and gas engines)
Emission limit values for SO2 combustion plants using gaseous fuels (with the exception of gas turbines and gas engines)
Emission limit values for NOx for combustion plants using solid or liquid fuels (with the exception of gas turbines and gas engines)
Interpretation: general
Emission limit values for gas turbines using light and middle distillates as liquid fuels
Emission limit values for NOx and CO for gas fired combustion plants
Emission limit values for dust for combustion plants using solid or liquid fuels (except gas turbines and gas engines)
Emission limit values for dust for combustion plants using gaseous fuels (except gas turbines and gas engines)
Calculation of emission limit values
Emission limit values for SO2 combustion plants using solid or liquid fuels (except gas turbines and gas engines)
Emission limit values for SO2 combustion plants using gaseous fuels (except gas turbines and gas engines)
Emission limit values for NOx for combustion plants using solid or liquid fuels (except gas turbines and gas engines)
Emission limit values for NOx and CO for gas turbines (including CCGT) using middle and light distillates as liquid fuels
(1) Emission limit values (mg/Nm 3 ) for NO x...
Aggregation rules
Emission limit values for dust for combustion plants using solid or liquid fuels (except gas turbines and gas engines)
Emission limit values for dust for combustion plants using gaseous fuels (except gas turbines and gas engines)
Measurement of oxygen content, temperature, pressure and water vapour content of waste gases
Validated hourly and daily averages
Sulphur content
(1) For continuous measurements, the emission limit values set out...
Minimum rate of desulphurisation for combustion plants referred to in...
The minimum rate of desulphurisation for combustion plants referred to...
The minimum rates of desulphurisation set out in this Chapter...
(1) Average emission limit values (mg/Nm 3 ) for SO...
Emission limit value exemptions: general
Emission limit value exemptions: desulphurisation for combustion plants firing indigenous solid fuel
Scope
Public consultation
For the purpose of this Part the following definitions apply—...
In order to determine the total concentration of dioxins and...
(1) The formula (mixing rule) in sub-paragraph (2) is to...
Incineration and co-incineration of solid and liquid waste at a...
Special provisions for cement kilns co-incinerating waste
Special provisions for combustion plants co-incinerating waste
Special provisions for waste co-incineration plants in industrial sectors not covered under paragraphs 20 and 21 of this Part
Emission limit values for discharges of wastewater from the cleaning...
Measurements relating to air polluting substances: SEPA discretion as to requirements
Formula
Air emission limit values: general compliance
Interpretation: general
Air emission limit values: carbon monoxide compliance
Air emission limit values: determination of average values
Water emission limit values
Authorisations: applications
Scope
Compliance: emissions
Compliance: emission limit values
Emission limit values: vehicle coating industry
Solvent management plans: interpretation
Use of solvent management plans for verification of compliance
Reduction schemes: authorisation
Interpretation: organic solvent emissions activity
Interpretation: general
Applications for authorisations
Scope and interpretation
Scope and interpretation
Calculation of efficiency reference values
Interpretation: specified activity
Specified activity: exemptions
Interpretation: general
Interpretation: high-efficiency cogeneration
General principles for the calculation of electricity from cogeneration
Scope
Emission limit values: exemptions
Emission limit values: temporary exemptions
Emission limit values: multiple fuels
Public requests for monitoring data
Interpretation: operating a medium combustion plant
Interpretation: general
Aggregation
Applications for medium combustion activity authorisations
Emission limit values: calculation
Emission limit values: existing medium combustion plant exemptions
Scope
“ Petrol vapour recovery activity ” means any of the...
Interpretation
Authorisation conditions: general
Authorisation conditions: loading and unloading installations at terminals
“The table 1 summation rule” means the sum of the...
Table 5
Information to be provided in records for high-activity sealed sources...
The summation rule in respect of column 2 of Table...
The summation rule in respect of columns 3 and 4...
The summation rule in respect of column 2 of Table...
The summation rule in respect of column 3 of Table...
+Parent radionuclides, and their progeny whose dose contributions are taken...
Interpretation: authorised person
- Notify SEPA and comply with existing notices when inheriting an environmental authorisation
Prohibition
- Do not carry on regulated activities without authorisation
Responsibility of authorised person
- Comply with the terms of your environmental authorisation
General aims
Other duties (1) — Crown / regulator
- SEPA must consider environmental aims when carrying out relevant functions Statutory regulator
Notifications
- Notify SEPA before carrying on a regulated activity
Application for a registration
- Apply to SEPA for registration before carrying out a regulated activity
Form and content of a registration
Other duties (1) — Crown / regulator
- SEPA must issue a written registration with key details Statutory regulator
Grant of a registration
Other duties (1) — Crown / regulator
- SEPA must only grant a registration if the applicant has control and is fit and proper Statutory regulator
Variation of registrations
- Apply to SEPA to vary your environmental registration
Applications for permits
- Apply to SEPA for a permit before carrying out a regulated activity
Form and content of permits
Other duties (1) — Crown / regulator
- SEPA must grant permits in writing specifying key details and may impose conditions Statutory regulator
Grant of permit
- Apply to SEPA for a permit before starting regulated activities
Variation of permits
Other duties (1) — Crown / regulator
- SEPA must not reduce permit scope and must check fitness before granting variation Statutory regulator
Transfer of a registration or permit
- Apply to SEPA to transfer your environmental permit or registration
Transfer of revocation notice
- Apply to SEPA to take over a revocation notice duty
Surrender of registration or permit
- You must surrender your environmental permit or registration when you stop the activity
Standard conditions: consultation
Other duties (1) — Crown / regulator
- SEPA must consult on standard conditions Statutory regulator
Standard conditions: publication
Other duties (1) — Crown / regulator
- SEPA must publish any standard conditions it determines or revises Statutory regulator
Notification of revisions of standard conditions
Other duties (1) — Crown / regulator
- SEPA must notify you before changing your authorisation conditions Statutory regulator
Register
Other duties (1) — Crown / regulator
- SEPA must maintain a public register of environmental authorisations Statutory regulator
Application for commercial confidentiality
- Apply for commercial confidentiality when giving information to SEPA
Review of decision on commercial confidentiality
Other duties (1) — Crown / regulator
- SEPA must review commercial confidentiality decisions with notice and opportunity to respond Statutory regulator
Effect of decision
Other duties (1) — Crown / regulator
- SEPA must delay publishing non-confidential information for 28 days Statutory regulator
Register – exclusion of information affecting national security
Other duties (1) — Crown / regulator
- SEPA must exclude national security-sensitive information from the register Statutory regulator
Regulatory notices
- Comply with SEPA regulatory notices to prevent or remedy environmental harm
SEPA: regulatory notices requiring cessation
Other duties (1) — Crown / regulator
- SEPA must issue cessation notices with specified details when requiring activity to stop Statutory regulator
Withdrawing regulatory notices
Other duties (1) — Crown / regulator
- SEPA must withdraw regulatory notice when steps are completed Statutory regulator
Costs recovery notices
- Pay SEPA's costs from enforcement actions or environmental harm steps
Payment requirements for costs recovery notices
- Pay SEPA costs recovery notice in time or within appeal deadlines
Determination of appeals
Other duties (1) — Crown / regulator
- Scottish Ministers must determine SEPA appeals and SEPA must comply Crown / Minister / Government department
Duty on SEPA to exercise its functions in accordance with the technical schedules
Other duties (1) — Crown / regulator
- SEPA must follow technical schedules when exercising its functions Statutory regulator
Power of SEPA to impose authorisations
- Pay fees and comply with regulations when SEPA treats your unauthorised activity as notified or applied for
Power of SEPA to escalate or de-escalate authorisations
Other duties (1) — Crown / regulator
- SEPA can reassign your environmental authorisation type Statutory regulator
Accelerated applications
Other duties (1) — Crown / regulator
- SEPA must fast-track applications in emergencies Statutory regulator
Communication of consolidation
Other duties (1) — Crown / regulator
- SEPA must notify you when replacing multiple permits with one consolidated authorisation Statutory regulator
SEPA guidance
Other duties (1) — Crown / regulator
- SEPA must publish guidance on environmental authorisation requirements Statutory regulator
SEPA's public participation statement
Other duties (1) — Crown / regulator
- SEPA must publish and maintain a public participation statement Statutory regulator
Offences
Unlimited fine- Breach environmental authorisation conditions
Offences by bodies corporate
- Consent or neglect leading to company's environmental offence
Offences — acts or default of third person
- Cause another person to commit an environmental offence
Power of court to order offence to be remedied
Unlimited fine- Fail to remedy environmental harm after offence
Guidance to SEPA
Other duties (1) — Crown / regulator
- SEPA must have regard to Scottish Ministers' guidance Statutory regulator
Application of the Regulations to SEPA
Other duties (1) — Crown / regulator
- SEPA must comply with Scottish Ministers' guidance on regulated activities Statutory regulator
Browse 110 other sections — procedural / definitional / commencement
Citation and commencement
Combustion of fuels in installations with a total rated thermal...
Interpretation
Interpretation: best available techniques (“BAT”)
Refining of mineral oil and gas.
Interpretation: regulated activity
Production of coke.
Interpretation: regulated activities
Gasification or liquefaction of— (a) coal, (b) other fuels in...
Metal ore (including sulphide ore) roasting or sintering.
Interpretation: technical schedule
Production of pig iron or steel (primary or secondary fusion)...
Processing of ferrous metals— (a) operation of hot-rolling mills with...
Operation of ferrous metal foundries with a production capacity exceeding...
Processing of non-ferrous metals— (a) production of non-ferrous crude metals...
General binding rules
Surface treatment of metals or plastic materials using an electrolytic...
Notification and application of general binding rules
Production of cement, lime and magnesium oxide—
Production of asbestos or the manufacture of asbestos-based products.
Effect and cessation of notifications
Manufacture of glass including glass fibre with a melting capacity...
Surrender of notifications
Melting mineral substances including the production of mineral fibres with...
Registrations
Manufacture of ceramic products by firing, in particular roofing tiles,...
Production of organic chemicals— (a) simple hydrocarbons (linear or cyclic,...
Production of inorganic chemicals— (a) gases, such as ammonia, chlorine...
Production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound...
Production of plant protection products or of biocides.
Permits
Production of pharmaceutical products including intermediates.
Production of explosives.
In this Chapter, “ production ” means the production on...
Disposal or recovery of hazardous waste with a capacity exceeding...
Review of permits
Disposal or recovery of waste in waste incineration plants or...
(1) Disposal of non-hazardous waste with a capacity exceeding 50...
Schedule 1
Landfills receiving more than 10 tonnes of waste per day...
Temporary storage of hazardous waste not covered under paragraph 26,...
Effect of transfer
Underground storage of hazardous waste with a total capacity exceeding...
In this chapter, “ inert waste ” has the meaning...
Pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of...
Revocation of permits and registrations
Tanning of hides and skins where the treatment capacity exceeds...
Subsistence of a registration or permit
(1) Operating slaughterhouses with a carcass production capacity greater than...
Determining and revising standard conditions
Disposal or recycling of animal carcases or animal waste with...
Intensive rearing of poultry or pigs— (a) with more than...
Surface treatment of substances, objects or products using organic solvents,...
Production of carbon (hard-burnt coal) or electrographite by means of...
Power to require the provision of information
Capture of CO 2 streams from industrial emissions activities for...
Preservation of wood and wood products with chemicals with a...
Register – exclusions
Independently operated treatment of wastewater not covered by Directive 91/271/EEC...
Commercially confidential information
In this Chapter— “ animal ” includes a bird or...
The fusion of calcinated bauxite for the production of artificial...
Firing heavy clay goods or refractory goods other than heavy...
Vapour glazing earthenware or clay with salts.
Information relating to criminal proceedings
The activities in paragraphs 36 to 43 of this Chapter...
In this Chapter— “ clay ” includes a blend of...
Producing halogens or any compound comprising only—
The carrying out of any activity involving the use in...
The flame bonding or cutting with heated wires of polyurethane...
Regulatory notices: off-site conditions
(1) Any activity for the polymerisation or co-polymerisation of any...
Enforcement by the courts
Any production activity which is likely to result in the...
Any production activity which uses, or is likely to result...
Producing any compounds, or using or recovering any mixture (other...
Recovery of payments
Any other activity which may result in the release into...
Notices – general provisions
Any activity for the manufacture of a chemical which may...
Appeals to the Scottish Ministers
The storage, other than as part of another activity or...
Unless falling within any other activity description in this Part,...
Effect of notices etc. during consideration of appeal
In this Chapter— “ acrylate ” includes— acrylic acid, substituted...
Appeals – miscellaneous
Cremation of human remains.
(1) Distilling or heating tar or bitumen in connection with...
Manufacturing new tyres, other than remoulds or re-treads, involving the...
The mixing, milling or blending of natural rubber, or a...
Action by SEPA
(1) Any activity (other than the repainting or respraying of,...
(1) manufacturing wood products at any works, if the manufacture...
Consolidation of permits and registrations
Unless it is an exempt activity listed in paragraph 70(2),...
Breeding maggots in any case where 5 kilograms or more...
(1) Storage of dead fish or fish offal prior to...
Unless it is an exempt activity listed in paragraph 70(2)...
SEPA guidance – fit and proper person
Any activity carried on in a technical unit for the...
Anaerobic digestion of non waste materials and associated feedstock and...
(1) In this Chapter— “ adhesive ” means any mixture,...
A reference in this Part to the release into the...
Offences – more than one authorised person
Offences – defences
Admissibility of evidence
Crown application
Transitional and savings provisions
Consequential amendments
Repeals and revocations
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- SEPA EASR authorisations (opens in a new tab) Detailed Guidance
- portal.sepa.org.uk (opens in a new tab) Detailed Guidance
- Abstraction (opens in a new tab) Detailed Guidance
- Engineering (opens in a new tab) Detailed Guidance
- Water (opens in a new tab) Detailed Guidance
- Water environment hub (opens in a new tab) Detailed Guidance
- Environment Agency enforcement and sanctions policy (opens in a new tab) Publication
- Environmental permits: when and how you are charged (opens in a new tab) Publication
- SEPA pollution control guidance (opens in a new tab) Detailed Guidance
- Report environmental problem (opens in a new tab) Detailed Guidance
- ... and 6 more
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