What this covers
Why you need it
Parliament created it. The power to require it comes from Environment Act 1995.
What the Act carries
What our graph holds for Environment Act 1995 as a whole — the Act behind this licence, not the licence conditions themselves.
- Duties on businesses
- 34
- Penalties
- 27
- Exemptions
- 14
Duties on businesses under the Act
- Cause or permit pollution of rivers, lochs, or coastal waters Schedule 16
- Pollute controlled waters or impede water flow Schedule 16
- Fail to provide land information to SEPA s.27
- Notify the Environment Agency before abandoning a mine s.58
- Failure to notify SEPA of a proposed mine abandonment s.59
- Air quality partners must cooperate with local authorities s.85A
… and 28 more business duties in the same Act.
What happens if you get it wrong
- Breach of a court-ordered waste restriction or medical access order 2 years imprisonment
- Cause or permit pollution of rivers, lochs, or coastal waters 2 years imprisonment
- Fail to provide pollution control information or assistance 2 years imprisonment
- Impersonate an authorised person with powers of entry 2 years imprisonment
- Making false or misleading environmental statements 2 years imprisonment
… and 22 more penalties in the same Act.
Exemptions that may take you outside it
- Abandoned mines (pre-2000) exempt from anti-pollution works notices — The mine or part of a mine was abandoned on or before 31 December 1999, and the water in question …
- Authorised discharges exempt from oil pollution reporting — Discharge or escape of oil is authorised under Part I of the Environmental Protection Act 1990
- Emergency works exempt from SSSI consultation requirement — Anything done in an emergency, provided particulars of what was done and of the emergency are notified to the relevant …
- English National Park authorities exempt from general incidental powers — National Park authority for a National Park in England
- Fast-track regulations for specific procedural rules — Regulations that fall under section 65D(3): (a) penalties for non-compliance, (b) conditions for commercial activities, or (c) minor amendments not …
… and 9 more exemptions in the same Act.
Read our full dossier on Environment Act 1995
Who issues it
This one does not go to your council. It is issued by The Scottish Government.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.