What this covers
Why you need it
The power to require it sits in The Environmental Authorisations (Scotland) Regulations 2018, secondary legislation made under powers in other legislation.
What the Regulations carry
What our graph holds for The Environmental Authorisations (Scotland) Regulations 2018 as a whole — the Regulations behind this licence, not the licence conditions themselves.
- Duties on businesses
- 89
- Penalties
- 5
- Exemptions
- 34
Duties on businesses under the Regulations
- Notify SEPA and comply with existing notices when inheriting an environmental authorisation reg.5
- Do not carry on regulated activities without authorisation reg.7
- Comply with the terms of your environmental authorisation reg.8
- Notify SEPA before carrying on a regulated activity reg.12
- Apply to SEPA for registration before carrying out a regulated activity reg.16
- Apply to SEPA to vary your environmental registration reg.19
… and 83 more business duties in the same Regulations.
What happens if you get it wrong
- Breach environmental authorisation conditions Unlimited fine
- Fail to remedy environmental harm after offence Unlimited fine
- Defence to environmental offences for emergency actions
- Cause another person to commit an environmental offence
- Consent or neglect leading to company's environmental offence
Exemptions that may take you outside it
- Biomass plants exempt from dust emission limits until 2030 in clean air zones — Fires solid biomass as main fuel and plant is located in a zone conforming with EU ambient air quality limits …
- Certain activities excluded from waste incineration rules — Activity involves only: biomass, radioactive waste, animal carcasses, offshore oil/gas exploration waste burned on board, an experimental research plant treating …
- Cogeneration plant exemptions for small heat, peak power, and heat network adjacent installations — The installation is: (a) a peak load/back-up generator operating <1,500 hours per year rolling average over 5 years, OR (b) …
- Diesel engines and pulp recovery boilers exempt from emission limits — Your large combustion plant is a diesel engine, OR a recovery boiler within an installation that produces pulp
- Different dust emission limits for biomass and peat combustion plants — Your combustion plant uses biomass or peat as a fuel
… and 29 more exemptions in the same Regulations.
Read our full dossier on The Environmental Authorisations (Scotland) Regulations 2018
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.