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The Environmental Authorisations (Scotland) Regulations 2018

Type Scottish-Statutory-Instrument

Publication 2018-06-28

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 28th June 2018

Coming into force: 1st September 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 18 and 58 and schedule 2 of the Regulatory Reform (Scotland) Act 2014 (“the 2014 Act”), and all other powers enabling them to do so.

In accordance with section 19 of the 2014 Act, the Scottish Ministers have consulted (a) the Scottish Environment Protection Agency and (b) such other persons as they thought fit, including such persons appearing to them to be representative of the interests of local government, industry, agriculture, fisheries or small businesses as they considered appropriate.

In accordance with section 58(4) of the 2014 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

PART 1 — General

Citation and commencement

1

These Regulations may be cited as the Environmental Authorisations (Scotland) Regulations 2018 and come into force on 1st September 2018.

Interpretation

2

(1) In these Regulations—

“the 2000 Commission Decision” means Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (notified under document number C(2000) 1147),

“the 2013 Regulations” means the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013,

“abstraction” means the doing of anything whereby any water is removed or diverted by mechanical means, pipe or any engineering structure or works from any part of the water environment, whether temporarily or permanently, including anything whereby the water is so removed or diverted for the purpose of being transferred to another part of the water environment, and includes—the construction or extension of any well, borehole, water intake or other work by which water may be abstracted, andthe installation or modification of any machinery or apparatus by which additional quantities of water may be abstracted by means of a well, borehole, water intake or other work,

“asbestos” includes any of the following fibrous silicates—actinolite,amosite,anthophyllite,chrysotile,crocidolite,tremolite,

“assimilated law” has the same meaning as in section 6(7) of the European Union (Withdrawal) Act 2018

“authorise”, in relation to regulated activities, means authorise the carrying on of the activities in accordance with a permit, subject to registration, subject to notification or subject to compliance with general binding rules; and related expressions are to be construed accordingly;

“authorised person” has the meaning given in regulation 5;

“authorised place” means the place at which a regulated activity is authorised, and may be a geographical area;

“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste,

“CEN” means the European Committee for Standardization (CEN),

“charging scheme” means a charging scheme made in accordance with section 41 of the Environment Act 1995 ;

“coastal water” means water (other than groundwater) within the area extending landward from the 3 mile limit up to the limit of the highest tide or, where appropriate, the seaward limits of any bodies of transitional water, but does not include any water beyond the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland,

“co-incineration” means—the use of waste as a regular or additional fuel in a co-incineration plant, orthe thermal treatment of waste for the purposes of disposal in a co-incineration plant,

“coke” means a black material made from coal that is used as fuel for heating,

“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility,

“combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated,

“consolidated authorisation” has the meaning given in regulation 64(2);

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste,

“disposal” in relation to waste, means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy and includes, but is not limited to, the activities listed in Annex I of the Waste Framework Directive,

“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current,

“electronic communication” has the same meaning as given in section 15(1) of the Electronic Communications Act 2000 ;

“emission” means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation or plant into air, water or land,

“emission limit value” means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time,

“enforcing officer” means a person authorised under section 108 of the Environment Act 1995 and includes a person designated under paragraph 2 of schedule 18 of that Act;

“fuel” means any solid, liquid, or gaseous combustible material,

“fit and proper person” means a person SEPA considers to be a fit and proper person having regard to guidance published under regulation 66(1)(e);

“general binding rules” has the meaning given in regulation 10;

“groundwater” means water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil,

“groundwater hazardous substances” means substances which have been identified by SEPA in accordance with regulation 24A of the 2013 Regulations,

“harm to the water environment” means—harm to the health of human beings or other living organisms,harm to the quality of the water environment, including—harm to the quality of the water environment taken as a whole,other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,offence to the senses of human beings,damage to property, orimpairment of, or interference with, amenities or other legitimate uses of the water environment,

“hazardous substance” means a hazardous substance or mixture as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures,

“hazardous waste” means waste that is—listed as hazardous in the 2000 Commission Decision,determined to be hazardous pursuant to regulation 2ZA of the Special Waste Regulations 1996, ora specific batch of waste which is determined to be hazardous waste pursuant to regulation 2ZB of the Special Waste Regulations 1996,

“ISO” means International Organization for Standardization (ISO),

“impounding works” means in relation to surface water—any dam, weir or other works by which water may be impounded,any works diverting the flow of water in connection with the construction or alteration of any dam, weir or other works falling within sub-paragraph (a),

“incineration” means the thermal treatment of waste with or without recovery of the combustion heat generated,

“industrial emissions activity” has the meaning given in regulation 4 and schedule 19,

“inland water” has the same meaning given in section 3(6) of the Water Environment and Water Services (Scotland) Act 2003 ;

“land” includes land covered by waters where the land is above the low water mark of ordinary spring tides,

“landfill” has the meaning given in paragraph 2 of schedule 13,

“landfill activity” has the meaning given in paragraph 3 of schedule 13,

“large combustion plant” has the meaning given in paragraph 1(2) of schedule 21,

“loch” means a body of standing inland water,

“municipal waste” means—mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, biowaste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture,mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households,but does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities,

“non-hazardous waste” means waste which is not hazardous waste,

“operating a medium combustion plant” has the meaning given in paragraph 1 of schedule 27,

“organic solvents emissions activity” has the meaning given in paragraph 2 of schedule 23,

“non-consolidated authorisation” means, as appropriate, a permit or registration which is to be replaced or has been replaced with a consolidated permit or registration in accordance with regulation 64;

“off-site condition” means—a condition to which a permit is subject; ora step specified in a notice issued under these Regulations,which requires a person to carry out works or do other things in relation to land outwith the ownership or control of that person;

“other emissions activity” has the meaning given in regulation 4 and schedule 26,

“owner” means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive the rents of the land, or who would if the land were let be entitled to receive the rents, and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the person to whom management of the land is entrusted;

“petrol vapour recovery activity” has the meaning given in paragraph 2 of schedule 28,

“pollution” means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health, or cause offence to any human sense, or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment,

“provision” means, in relation to a registration or permit, anything specified in a registration or permit, including as a requirement of regulations 17 and 22, which is not a condition or standard condition;

“publish” means publish on SEPA's website, unless otherwise indicated;

“radioactive substances activity” has the meaning given in regulation 4 and schedule 8;

“rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel expressed as megawatts thermal,

“recovery” means, in relation to waste, any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy and includes, but is not limited to the activities listed in Annex II of the Waste Framework Directive,

“recovery of waste by application to land for the purpose of soil improvement” has the meaning given in paragraphs 2 and 3 of schedule 18,

“recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original purpose or for other purposes, including reprocessing of organic materials, but excluding energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations,

“register” means the register maintained by SEPA under regulation 38;

“regulated activity” has the meaning given in regulation 3;

“regulatory notice” has the meaning given in regulation 46;

“relevant function” means a function of SEPA under these Regulations;

“reuse” means any operation by which products and components that are not waste are used again for the same purpose for which they were conceived,

“revocation notice” has the meaning given in regulation 31;

“schedule 20 emissions activity” means an activity listed in Part 4 of schedule 20 where the installed capacity is at or above any applicable threshold in Part 4, whether or not the activity is carried on below the threshold,

“SEPA” means the Scottish Environment Protection Agency ;

“sewer”, “public sewer”, “private sewer”, “sewage treatment works” and “sewage” have the meanings given in section 59(1) of the Sewerage (Scotland) Act 1968,

“shellfish” includes crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish,

“standard conditions” means conditions determined by SEPA under Part 7 of these Regulations and to which a permit or registration may be subject in accordance with regulation 17 or 22;

“storage” in relation to waste, includes keeping, managing or depositing waste,

“substance” includes any chemical element and its compounds (including bacteria and other pathogens),

“surface water” means inland water (other than groundwater), transitional water and coastal water,

“surrender notice” means a notice issued under paragraph 14(2) of schedule 1;

“technical schedule” has the meaning given in regulation 6;

“the 3 mile limit” means the limit consisting of a line every point of which is at a distance of 3 miles on the seaward side from the nearest point of the baseline from which the breadth of the territorial sea of the United Kingdom adjacent to Scotland is measured, and “miles” means international nautical miles of 1,852 metres,

“the water environment” means all surface water, groundwater and wetlands,

“titanium dioxide activity” has the meaning given in paragraph 1 of schedule 24,

“transitional water” means water (other than groundwater) in the vicinity of river mouths which partly saline in character as a result of its proximity to coastal water but which is substantially influenced by freshwater flows,

“treatment” means in relation to waste, recovery or disposal operations, including preparation prior to recovery or disposal,

“waste”, except where otherwise defined—in relation to schedule 8 and Chapter 1 of schedule 9, means any substance or article which the holder discards or intends or is required to discard,in any other case has the meaning given in section 75(2) of the Environmental Protection Act 1990 and read in accordance with section 75A of that Act,

“waste oil” means any mineral or synthetic lubrication or industrial oil which have become unfit for the use for which it was originally intended, such as used combustion engine oil and gearbox oil, lubricating oil, oil for turbines and hydraulic oils,

“waste prevention” means measures taken before a substance, materials or product has become waste, which reduce—the quantity of waste, including through the re-use of products or the extension of the life span of products,the adverse impacts of the generated waste on the environment and human health, orthe content of hazardous substances in materials and products,

“Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste,

“waste electrical and electronic equipment” means electrical or electronic equipment which is waste, including all components, subassemblies and consumables which are part of the product at the time of discarding,

“waste management activity” has the meaning given in regulation 4 and schedule 11,

“water activity” has the meaning given in regulation 4 and schedule 10,

“WEEE” means waste electrical and electronic equipment,

“wetland” means an area of ground the ecological, chemical and hydrological characteristics of which are attributable to frequent inundation or saturation by water and which is directly dependent, with regard to its waters needs, on a body of groundwater or a body of surface water.

(2) In these Regulations a reference to anything done in writing includes reference to an electronic communication as long as it is capable of being reproduced in written form.

Interpretation: regulated activity

3

(1) In these Regulations, “regulated activity” means—

(a) a radioactive substances activity,

(b) a water activity,

(d) an industrial emissions activity,

(e) an other emissions activity.

(2) A person does not carry on a regulated activity where the activity is a domestic activity carried on in connection with—

(a) the person's private dwelling; or

(b) a place where the person is resident (whether temporarily or otherwise).

(2A) Paragraph 2 does not apply to a person carrying on a water activity.

(2B) For the purposes of paragraph 2, in relation to a waste management activity (other than the transportation of waste), “domestic activity” does not include an activity in relation to household waste carried on outwith the curtilage of the private dwelling or place of residence from which the waste arises.

(3) In these Regulations—

(a) a reference to a regulated activity includes part of a regulated activity;

(b) a reference to an “activity” is a reference to a regulated activity, or any class or description of such an activity.

Interpretation: radioactive substances activity Interpretation: regulated activities

4

In these Regulations—

“industrial emissions activity” means—an activity listed in Part 4 of schedule 20 (“a schedule 20 emissions activity”),operating a large combustion plant,incineration and co-incineration of liquid and solid waste at a waste incineration plant or waste co-incineration plant,an organic solvent emissions activity,a titanium dioxide activity,

“other emissions activity” means—an activity listed in Part 3 of schedule 26,operating a medium combustion plant,a petrol vapour recovery activity,

“radioactive substances activity” means an activity involving either or both—radioactive material,radioactive waste,

“waste management activity” means—the storage, treatment (including sorting), recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites,the collection and transport of waste on a professional basis,acting as a dealer or broker,in or on land, or in the vicinity of land when connected with a waste management activity taking place on land,

“water activity” means—any activity liable to cause the direct or indirect introduction, as a result of human activity, of any substance or heat into the water environment which may give rise to harm to the water environment,abstraction of water from the water environment,construction or alteration of impounding works in inland water (other than in groundwater) or wetland,operation of impounding works in surface water or wetland,carrying out building or engineering works, or works other than those referred to in sub-paragraphs (c) or (d)—in inland water (other than groundwater) or wetland, orin the vicinity of inland water (other than groundwater) or wetland and having or likely to have a significant adverse impact on the water environment,artificial recharge or augmentation of groundwater,the direct or indirect discharge, and any activity likely to cause a direct or indirect discharge, into groundwater of—any groundwater hazardous substance, orany other substance or heat liable to cause harm to the water environment,any other activity which directly or indirectly has or is likely to have a significant adverse impact on the water environment.

Interpretation: authorised person

5

(1) In these Regulations, “authorised person” means—

(a) any person to whom—

(i) a permit has been granted or transferred in accordance with regulation 23 or 27; or

(ii) a registration has been granted or transferred in accordance with regulation 18 or 27;

(b) any person in control of the carrying on of a regulated activity—

(i) which is subject to general binding rules; or

(ii) which has been notified in accordance with regulation 12.

(2) The definition of authorised person in paragraph (1) includes—

(a) where an authorised person has been adjudged bankrupt or the estate of the authorised person is sequestrated, the trustee in bankruptcy;

(b) where an executor has been appointed to an authorised person's estate, the executor;

(i) a receiver has been appointed, the receiver;

(ii) an administrator has been appointed, the administrator;

(iii) a liquidator has been appointed, the liquidator;

(d) where an authorised person is a partnership which is dissolved, any person who was a partner immediately before dissolution.

(3) Where a person becomes an authorised person—

(a) as a result of the operation of paragraph (2); and

(b) in respect of an activity which is carried on in accordance with a permit or a registration or which has been notified,

that person must notify SEPA that the person is an authorised person as soon as is practicable.

(4) Where a person becomes an authorised person—

(a) as a result of the operation of paragraph (2),

(b) in respect of an activity which is carried on in accordance with a permit or a registration, and

(c) there is a regulatory notice, surrender notice or costs recovery notice in effect in respect of that permit or registration,

the duty to comply with the notice is transferred to that person.

Interpretation: technical schedule

6

(1) The technical schedules are—

(a) schedule 8 (radioactive substances activities),

(b) schedule 10 (water activities),

(d) schedule 12 (hazardous waste mixing and waste oil mixing, and treatment of waste oil activities),

(e) schedule 13 (landfill activities),

(f) schedule 14 (management of separately collected recyclable waste and operation of a materials facility),

(g) schedule 15 (management of waste vehicles),

(h) schedule 16 (management of waste electrical and electronic equipment),

(i) schedule 17 (management of waste batteries),

(j) schedule 18 (recovery of waste by application to land for the purpose of soil improvement),

(k) schedule 19 (industrial emissions activities),

(l) schedule 20 (schedule 20 emissions activities),

(m) schedule 21 (operating a large combustion plant),

(n) schedule 22 (incineration and co-incineration of waste at a waste incineration plant or waste co-incineration plant),

(o) schedule 23 (organic solvent emissions activities),

(p) schedule 24 (titanium dioxide activities),

(q) schedule 25 (energy efficiency requirements for specified activities),

(r) schedule 26 (other emissions activities),

(s) schedule 27 (operating a medium combustion plant),

(t) schedule 28 (petrol vapour recovery activities).

(2) If a provision of a technical schedule is inconsistent with any other provision of these Regulations, the provision in the technical schedule prevails to the extent of that inconsistency.

Prohibition

7

A person must not carry on a regulated activity except in so far as it is—

(a) authorised under these Regulations; and

(b) carried on in accordance with, and to the extent authorised by, that authorisation.

Responsibility of authorised person

8

Where a regulated activity is authorised under these Regulations, an authorised person must ensure that the activity is carried on in accordance with, and to the extent authorised by, the authorisation.

General aims

9

(1) SEPA must take the general aims into account when carrying out a relevant function.

(2) The general aims are that all appropriate measures are taken—

(a) to prevent or, where that is not practicable, to minimise environmental harm;

(b) to prevent and to limit the consequences of accidents which could have an impact on the environment; and

in the carrying on, and decommissioning, of regulated activities and following cessation of the carrying on of the regulated activity.

PART 2 — General binding rules

General binding rules

10

(1) Subject to paragraph (4), a regulated activity specified in column 1 of the relevant Chapter of Part 1 of schedule 9 is authorised under these Regulations if it is carried on in compliance with the rules (“general binding rules”) specified for that activity in column 2 of the corresponding Chapter in Part 1 of the schedule.

(2) Parts 2 and 3 of schedule 9 have effect for the purposes of the interpretation of that schedule.

(3) Where SEPA requires that a regulated activity is to be authorised by means of notification in accordance with regulation 12, the activity is not authorised unless—

(a) it is carried on in compliance with the general binding rules specified for that activity; and

(b) a notification of the type required is in effect.

(4) A regulated activity specified in Chapter 1 of Part 1 of schedule 9, is authorised under these Regulations to the extent that any substance is a radioactive substance and is not authorised to the extent that the activity would, if no account were to be taken of any radioactive substance, constitute a regulated activity.

PART 3 — Notifications

Notification and application of general binding rules

11

SEPA may require that a regulated activity is to be authorised by means of notification whether or not the carrying on of the regulated activity is also subject to general binding rules.

Notifications

12

(1) A regulated activity to which paragraph (2) applies is authorised where—

(a) SEPA has been notified, in accordance with this Part, that the activity is being, or is proposed to be, carried on (“notification”); and

(b) the activity is carried on in compliance with any general binding rules specified for that activity.

(2) This paragraph applies to an activity specified in guidance published under regulation 66(1)(a) as being subject to a requirement to notify.

(3) A notification must—

(a) be made by a person who is, or will be, in control of the activity;

(b) be in such form as SEPA may from time to time require; and

(i) the name and address of the person making the notification;

(ii) a description of the regulated activity;

(iii) the place at which the activity will be carried on;

(iv) any particulars required by virtue of the technical schedule; and

(v) any such other particulars as SEPA may reasonably require.

(4) A notification must be accompanied by any fee that is payable under a charging scheme.

(5) Where a notification is made in accordance with this regulation, SEPA must—

(a) place the particulars specified in paragraph (3)(c) on the register within 7 days of the notification being made;

(b) inform the authorised person within 7 days of the notification being made—

(i) that the notification has been placed on the register;

(ii) of the date, if any, on which the notification ceases to have effect.

Effect and cessation of notifications

13

(1) A notification has effect from the date on which SEPA informs the authorised person that it has been placed on the register.

(2) A notification ceases to have effect on—

(a) the date the notification is surrendered; or

(b) the date, if any, of which the authorised person was informed under regulation 12(5)(b)(ii) as being the date on which the notification ceases to have effect.

Surrender of notifications

14

(1) An authorised person who has notified an activity may surrender the notification by giving notice to SEPA.

(2) A notice under this regulation must be in a form specified by SEPA and must include such information as SEPA may reasonably require.

(3) Where SEPA is notified of a surrender in accordance with paragraph (1), SEPA must—

(a) remove the associated entry from the register; and

(b) inform the authorised person of the date on which it does so,

within 7 days of the notice being given.

(4) The notification ceases to have effect on the date on which SEPA informs the authorised person that it has removed the associated entry from the register.

PART 4 — Registrations

Registrations

15

A regulated activity is authorised under these Regulations where an authorised person has been granted a registration by SEPA for the carrying on of the activity.

Application for a registration

16

An application to SEPA for a registration must be made in accordance with schedule 1 by a person who has, or will have, control over the regulated activity sought to be authorised.

Form and content of a registration

17

(1) A registration granted by SEPA must be in writing and must specify—

(a) the activity authorised;

(b) the authorised person;

(d) the date on which the registration takes effect; and

(e) the authorised place.

(2) A registration has effect subject to any standard conditions specified in accordance with paragraph (1)(c) and (5) and regulation 19(4).

(3) A reference in a registration to standard conditions is to the conditions as revised from time to time.

(4) SEPA may specify in a registration that the registration ceases to have effect on a specified date.

(5) SEPA may, after a registration is granted, from time to time specify in writing that a registration is to be subject to ...—

(a) different standard conditions;

(b) additional standard conditions ,

(c) any standard conditions, in circumstances where no standard conditions were specified at the time the registration was granted.

Grant of a registration

18

(1) SEPA may grant a registration authorising the carrying on of one or more regulated activities.

(2) SEPA may grant a registration authorising a regulated activity at one or more than one place.

(3) SEPA must not grant a registration unless it is satisfied that the applicant—

(a) is the person who has or will have control over the regulated activity; and

(b) is a fit and proper person to be in control of the activity.

Variation of registrations

19

(1) SEPA may vary a registration in accordance with schedule 1 on the application of the authorised person (“an application for variation”) for one or more of the purposes specified in paragraph (2).

(2) The purposes are to—

(a) increase the number of regulated activities authorised by the registration;

(b) increase the extent of the site of an authorised place;

(3) SEPA must not grant an application for variation unless it is satisfied that the authorised person—

(a) is the person who will have control over the regulated activities which would be authorised by the registration if the application for variation were granted; and

(b) is a fit and proper person to be in control of the regulated activities which would be authorised by the registration if the application for variation were granted.

(4) Where SEPA grants an application for variation, it may—

(a) specify that the registration is to be subject to different standard conditions; and

(b) specify that the registration is to be subject to additional standard conditions,

to take account of the variation.

PART 5 — Permits

Permits

20

A regulated activity is authorised under these Regulations where an authorised person has been granted a permit by SEPA for the carrying on of the activity.

Applications for permits

21

An application to SEPA for a permit must be made in accordance with schedule 1 by a person who has, or will have, control over the regulated activity sought to be authorised.

Form and content of permits

22

(1) A permit must be granted by SEPA in writing and must specify—

(a) the activity authorised;

(b) the authorised person;

(d) the date on which the permit takes effect; and

(e) the authorised place.

(2) SEPA may specify in a permit that the permit ceases to have effect on a specified date.

(3) In granting or varying a permit, SEPA may impose such conditions as it thinks fit including, in particular, either or both—

(a) standard conditions;

(b) an off-site condition in accordance with schedule 2.

(4) SEPA may impose standard conditions in a permit by specifying the standard conditions which are to be conditions of the permit.

(5) A reference in a permit to standard conditions is to the conditions as revised from time to time.

(6) Where a standard condition is inconsistent with any other condition of a permit, the other condition shall prevail to the extent of that inconsistency.

(7) Schedule 2 has effect in relation to off-site conditions.

Grant of permit

23

(1) SEPA may grant a permit authorising the carrying on of one or more regulated activities.

(2) SEPA may grant a permit authorising the carrying on of a regulated activity at one or more than one place.

(3) SEPA must not grant a permit unless it is satisfied that the applicant—

(a) is the person who has, or will have, control over the regulated activity; and

(b) is a fit and proper person to be in control of the activity.

Review of permits

24

(1) SEPA may review the conditions of a permit at any time.

(2) Where SEPA carries out a review under paragraph (1), any fee payable under a charging scheme for that review is payable by the authorised person.

Variation of permits

25

(1) SEPA may vary a permit at any time in accordance with schedule 1, either on the application of the authorised person (“an application for variation”) or on its own initiative (“a SEPA initiated variation”).

(2) A variation under this regulation must not reduce the geographical extent of an authorised place.

(3) A variation under this regulation must not reduce the number of regulated activities authorised by the permit.

(4) This regulation applies to a variation of a provision of a permit in the same manner as it applies to the variation of a condition.

(5) SEPA must not grant an application for variation unless it is satisfied that the authorised person—

(a) is the person who will have control over the regulated activities which would be authorised by the permit if the application for variation were granted; and

(b) is a fit and proper person to be in control of the regulated activities which would be authorised by the permit if the application for variation were granted.

PART 6 — Provisions relating to registrations and permits

Schedule 1

26

Schedule 1 has effect.

Transfer of a registration or permit

27

(1) Subject to paragraphs (2), (3) and (4), a registration or permit may not be transferred by the authorised person.

(2) SEPA may transfer (in whole or in part) a registration or permit to a person (“the proposed transferee”) on the joint application of the authorised person or authorised persons and the proposed transferee.

(3) SEPA may transfer (in whole or in part) a registration or permit on the application of the proposed transferee where the proposed transferee has demonstrated to SEPA's satisfaction that no authorised person can be found.

(4) SEPA may transfer (in whole or in part) a registration or permit on the joint application of those authorised persons who can be found and the proposed transferee where—

(a) there is more than one authorised person; and

(b) the proposed transferee has demonstrated to SEPA's satisfaction that one or more of those persons cannot be found.

(5) The authorised person or, where there is more than one authorised person, all the authorised persons and the proposed transferee must make an application to SEPA for transfer of a registration or permit where—

(a) the authorised person intends to cease or has ceased to be the person in control of the carrying on of the activity; and

(b) the proposed transferee is, or will be, in control of the carrying on of the activity.

(6) SEPA must not grant an application for transfer of a registration or permit unless it is satisfied that the proposed transferee—

(a) has or will have control over the regulated activity; and

(b) is a fit and proper person or persons to be in control of the activity.

(7) SEPA may vary the registration or permit if it considers it necessary to do so to take account of the transfer.

Effect of transfer

28

(1) With effect from the date on which SEPA grants an application for transfer of a registration or permit, the person who was the authorised person immediately before the transfer ceases to be an authorised person (in respect of the part of the registration or permit being transferred).

(2) Where—

(a) a regulatory notice or a surrender notice is in force in respect of a permit or registration; and

(b) the permit or registration is transferred to the proposed transferee, either in whole or in part,

the duty to comply with the notice is also transferred to the proposed transferee to the extent that it relates to the permit or registration (or part of the permit or registration) transferred.

Transfer of revocation notice

29

(1) Where a revocation notice is in force in respect of a permit or registration, SEPA may transfer (in whole or in part) the duty to comply with the revocation notice to a person (“the proposed transferee”) on the joint application of the authorised person or authorised persons and the proposed transferee.

(2) SEPA may transfer (in whole or in part) the duty to comply with a revocation notice on the application of the proposed transferee where the proposed transferee has demonstrated to SEPA's satisfaction that no authorised person can be found.

(3) SEPA may transfer (in whole or in part) the duty to comply with a revocation notice on the joint application of those authorised persons who can be found and the proposed transferee where—

(a) there is more than one authorised person; and

(b) the proposed transferee has demonstrated to SEPA's satisfaction that one or more of those persons cannot be found.

(4) SEPA must not grant an application to transfer the duty to comply with a revocation notice unless it is satisfied that the proposed transferee—

(a) has or will have control over the regulated activity;

(b) will ensure that the steps specified in the revocation notice are complied with; and

(5) Where SEPA grants an application to transfer the duty to comply with a revocation notice, the duty to comply with the notice is transferred from the authorised person to the proposed transferee to the extent notified to the proposed transferee and the authorised person by SEPA.

Surrender of registration or permit

30

(1) This paragraph applies where a registration or permit is in force and—

(a) it is intended that the regulated activity (in whole or in part) will cease, or has ceased, to be carried on;

(b) it is intended that the geographical extent of an authorised place will be reduced; or

(i) is no longer the person who has control over the activity; and

(ii) has not made an application for the transfer of the registration or permit.

(2) Where paragraph (1) applies, the authorised person must apply to SEPA to surrender (in whole or in part) the registration or permit, and SEPA must grant or refuse that application.

Revocation of permits and registrations

31

(1) SEPA may at any time revoke (in whole or in part) a permit or registration by—

(a) serving a notice (a “revocation notice”) on the authorised person, or

(b) where paragraph (2) or (3) applies—

(i) publishing a revocation notice on its website, and

(ii) sending a copy of the revocation notice to the last known address of the authorised person.

(2) This paragraph applies where the authorised person is a sole operator who has died and—

(a) an executor has not been appointed to that person’s estate, or

(b) following the appointment of an executor, the estate has been wound up and the executor discharged.

(3) This paragraph applies where the authorised person is a body corporate that has been dissolved.

(4) In this regulation—

“dissolved” means dissolved under the law of Scotland, England and Wales, or Northern Ireland (whether or not by a process referred to as dissolution),

“wound up” means wound up under the law of Scotland, England and Wales or Northern Ireland.

Subsistence of a registration or permit

32

(1) A registration or permit ceases to have effect only on a date specified in paragraph (2).

(2) The dates specified are—

(a) in the case of a registration or permit, the date on which it is—

(i) surrendered in whole in accordance with regulation 30; or

(ii) revoked in whole in accordance with regulation 31,

(b) in the case of a registration, the date, if any, which SEPA specifies in the registration in accordance with regulation 17(4); and

PART 7 — Standard conditions procedure

Determining and revising standard conditions

33

(1) SEPA may determine standard conditions in accordance with this Part.

(2) SEPA may revise standard conditions at any time.

(3) In this Part, a reference to revising standard conditions means—

(a) replacing conditions;

(b) amending conditions;

(d) adding new conditions.

(4) SEPA may include such conditions as it thinks fit in any standard conditions.

Standard conditions: consultation

34

(1) In determining or revising standard conditions SEPA must consult such persons as it considers appropriate.

(2) But SEPA is not required to consult if it considers that a revision makes only minor administrative changes to standard conditions.

(3) The duty in paragraph (1) may be treated as satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

Standard conditions: publication

35

(1) SEPA must publish any standard conditions it determines or revises.

(2) But SEPA is not required to publish details of a revision which removes standard conditions (“the removed conditions”) after the expiry of the period of 1 year beginning with the date on which the last authorisation which specified the removed conditions ceased to have effect.

(3) A standard condition may be specified in a permit or registration from the day following the date of publication of the standard condition.

Notification of revisions of standard conditions

36

(1) This regulation applies where SEPA revises standard conditions.

(2) Before publishing the revised conditions in accordance with regulation 35(1), SEPA must inform any person who has been granted a relevant authorisation—

(a) of the proposed revision;

(b) of the date on which the revised conditions are expected to be published;

(d) whether SEPA considers the revisions to be minor administrative changes; and

(e) that on the date on which the revised conditions take effect the person's authorisation will have effect subject to the revised conditions.

(3) The revised conditions take effect—

(a) where the revision makes only minor administrative changes, on the day following the date of publication; or

(b) in any other case, three months after the date of publication.

(4) In this regulation, “relevant authorisation” means a registration or permit which will be affected by the proposed revisions if the revisions were made.

PART 8 — Information and publicity

Power to require the provision of information

37

(1) For the purposes of exercising or discharging its functions under these Regulations, SEPA or the Scottish Ministers may, by notice served on a person (whether or not the person is carrying on a regulated activity), require that person to provide such information in such form and within such period as is specified in the notice.

(2) For the purposes of this regulation the—

(a) discharge by the Scottish Ministers of an obligation of the United Kingdom under any assimilated law or any international agreement relating to the environment is treated as a function of the Scottish Ministers under these Regulations; and

(b) compilation of information (for an inventory or otherwise)—

(i) on emissions;

(ii) on energy consumption or the efficiency with which energy is used;

(iii) on waste , including radioactive waste, and on the origins and destinations of waste , including radioactive waste,

is treated as a function of SEPA or the Scottish Ministers (as applicable) under these Regulations.

(3) The information which a person may be required to provide under paragraph (1) includes information which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to obtain for the purposes of complying with the notice.

(4) Nothing in this regulation authorises the Scottish Ministers or SEPA to require disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.

Register

38

(1) SEPA must maintain a register (“the register”) containing the information described in Table 1 of schedule 3.

(2) SEPA must make the register available for inspection by the public—

(a) free of charge; and

(b) at all reasonable times.

(3) The register may be kept in any form (including electronic form) unless otherwise specified in relation to a particular entry.

(4) Schedule 3 has effect.

(5) Information contained in the register as to a permit or registration, the authorised person in relation to that permit or registration, the conditions of that permit or registration, and whether it is in force, suspended or revoked is, in the absence of evidence to the contrary, proof in any proceedings of that permit or registration, the authorised person in relation to that permit or registration, the conditions of that permit or registration and whether it is in force, suspended or has been revoked.

(6) A certified extract from the register is admissible without further proof in evidence in any proceedings.

(7) For avoidance of doubt, this regulation applies to information contained in the register as to a deemed permit or deemed registration.

(8) In this regulation, “a certified extract” means a document certified to be a true extract from the register by any person having authority from SEPA to certify it.

Register – exclusions

39

(1) In any case where SEPA does not include on the register a representation made to it in response to a consultation or to a notice advising of an appeal on request of the person who made it, SEPA must include on the register confirmation that—

(a) a representation has been made; and

(b) the person has not requested it be made public.

(2) SEPA must not include on the register a confirmation which would allow identification of the person.

(3) Where an application is withdrawn by the applicant, or is deemed withdrawn, before it is determined, SEPA must not include on the register any particulars of that application after a period of 3 months has passed beginning with the date on which the application was withdrawn or deemed withdrawn.

(4) Nothing in regulation 38(1) requires SEPA to include on the register—

(a) particulars relating to an authorisation (including applications and any other information relating to the authorisation) if a period longer than 12 months has passed beginning with the last date on which the authorisation was in force;

(b) particulars relating to an application if a period longer than 12 months has passed beginning with the later of the dates on which—

(i) SEPA refused the application; or

(ii) the Scottish Ministers affirmed SEPA's refusal of the application on appeal;

(c) monitoring information provided by an authorised person relating to a particular regulated activity if a period longer than 6 years has passed beginning with the date on which the measurement to which the monitoring information relates was made;

(d) information relating to a regulated activity which has been superseded by new information relating to that activity for a period longer than 6 years after that new information is made available; or

(e) information contained in an application form relating to convictions for offences by an individual subject to the Rehabilitation of Offenders Act 1974 .

(5) Paragraph (4)(c) does not apply to any aggregated monitoring data relating to activities generally or for any class of activities.

Commercially confidential information

40

(1) For the purposes of these Regulations, information is commercially confidential to the extent that its disclosure would, or would be likely to, prejudice substantially the confidentiality of commercial or industrial information where such confidentiality is provided for by law to protect a legitimate economic interest.

(2) Information which is commercially confidential may only be included in the register if the person giving the information to SEPA consents to its inclusion.

(3) Nothing in this regulation prevents SEPA from including information in the register where it is contained in or otherwise held with other information not made available unless the information is not reasonably capable of being separated for the purposes of inclusion.

Application for commercial confidentiality

41

(1) Where information is given to SEPA for the purposes of these Regulations, the person giving it may apply to SEPA, at the same time the information is given to SEPA, to have the information excluded from the register on the ground that it is commercially confidential (as regards that person or another person).

(1A) Where an application for commercial confidentiality is made to SEPA, any fee payable under a charging scheme for the application is payable by the applicant or the authorised person, as appropriate.

(2) The application under paragraph (1) must include representations indicating why the applicant considers the information commercially confidential, together with such further information in support of the application as the applicant considers appropriate.

(3) The provisions of paragraph 6(2) and (3) of schedule 1 apply to an application under paragraph (1) as they do to any other application.

(4) SEPA must decide whether the information is commercially confidential and must give notice of its decision to the applicant within 28 days beginning with the date on which the application is received or within such longer period as SEPA may agree with the applicant in writing.

(5) If SEPA fails to give notice of its decision within the period allowed under paragraph (4), the information must be treated as commercially confidential.

Review of decision on commercial confidentiality

42

(1) SEPA may review a decision under this Part that information is commercially confidential.

(2) In carrying out a review under paragraph (1), SEPA must—

(a) give the person to whom the decision relates notice that it is reviewing that decision; and

(b) give the person a reasonable opportunity of making representations regarding the commercial confidentiality of the information, including an indication of why the person may consider that the information remains commercially confidential, together with such further information in support of those representations as the person considers appropriate.

(3) The provisions of paragraph 6(2) of schedule 1 apply to representations made under paragraph (2) as they do to an application.

(4) SEPA must decide whether or not the information remains commercially confidential and must give notice of its decision to the person.

Effect of decision

43

Subject to regulation 57(2)(d), if SEPA has decided under this Part that information is not commercially confidential, the information must not be included on the register until the end of the period of 28 days beginning with the date on which the decision was notified.

Information relating to criminal proceedings

44

Nothing in this Part requires SEPA to include information on the register to the extent that its disclosure would, or would be likely to, prejudice substantially the course of justice, the ability of a person to receive a fair trial or the ability of any public authority to conduct an inquiry of a criminal or disciplinary nature.

Register – exclusion of information affecting national security

45

(1) Information must not be included in the register if and so long as a direction by the Secretary of State or the Scottish Ministers is in force in relation to that information under section 21 of the 1990 Act (exclusion from registers of information affecting national security).

(2) Information must not be included in the register if and so long as a direction by the Secretary of State is in force in relation to that information under section 20(6) of the 1990 Act.

(3) A direction under section 21(2) of the 1990 Act applies to the register as it applies to the register maintained under section 20 of that Act (“the 1990 Act register”), and no information referred by SEPA under section 21(2)(b) of the 1990 Act is to be included in the register until the question of its inclusion is determined for the purposes of that section.

(4) A direction under section 20(6) of the 1990 Act applies to the register as it applies to the 1990 Act register.

(5) Section 21(3) and (4) of the 1990 Act applies to the register as it applies to the 1990 Act register, and no information notified under section 21(4)(b) of the 1990 Act may be included in the register until the question of its inclusion is determined for the purposes of section 21 of the 1990 Act.

(6) In this regulation, “the 1990 Act” means the Environmental Protection Act 1990 .

PART 9 — Enforcement

Regulatory notices

46

(1) This regulation applies where SEPA is of the opinion that—

(a) a person has carried on or is carrying on a regulated activity or is in control of or has been in control of the carrying on of a regulated activity; and

(b) at least one of the following apply—

(i) steps are required to be taken to prevent or mitigate environmental harm caused, being caused or likely to be caused by the regulated activity;

(ii) steps are required to be taken to restore the environment affected or likely to be affected by the regulated activity;

(iii) the person has contravened, is contravening, or is likely to contravene a condition, or other provision, of a permit or registration or a general binding rule;

(iv) the person has committed an offence under these Regulations;

(v) the person has ceased to be a fit and proper person.

(2) Where this regulation applies SEPA may serve a notice (a “regulatory notice”) on—

(a) a person who has carried on or is carrying on a regulated activity;

(b) a person who is in control of or has been in control of the carrying on of a regulated activity.

(3) A regulatory notice must specify—

(a) the activity;

(b) if SEPA is of the opinion that steps are required to be taken to prevent or mitigate environmental harm caused, being caused or likely to be caused by the regulated activity, the reasons why SEPA is of that opinion;

(c) if SEPA is of the opinion that steps are required to be taken to restore the environment affected or likely to be affected by the regulated activity, the reasons why SEPA is of that opinion;

(d) if SEPA is of the opinion that the carrying on of the activity has contravened, is contravening, or is likely to contravene any condition, or other provision, of a permit or registration or a general binding rule, the matters constituting the contravention or likely contravention;

(e) if SEPA is of the opinion that the person has committed an offence under these Regulations, the matters constituting the offence;

(f) if SEPA is of the opinion that the person has ceased to be a fit and proper person, the reasons why SEPA is of that opinion;

(g) the steps to be taken by the person which SEPA considers to be necessary or appropriate to—

(i) prevent or mitigate environmental harm caused, being caused or likely to be caused by the regulated activity;

(ii) restore the environment affected, being affected or likely to be affected by the regulated activity;

(iii) comply with a condition, or other provision, of a permit or registration or a general binding rule;

(iv) stop or prevent the commission of an offence under these Regulations;

(v) ensure that person is a fit and proper person; and

(h) the date from which the notice has effect.

(4) Where a regulatory notice is served on more than one person it must—

(a) identify each recipient; and

(b) specify whether each step is to be undertaken—

(i) by an individual recipient and, if so, which recipient; or

(ii) jointly by two or more recipients and, if so, which recipients.

(5) The steps referred to in paragraph (3)(g) may include any or all of the following—

(a) steps to remedy or mitigate any environmental harm caused by the contravention or offence or the carrying on of the activity;

(b) the removal of waste , including radioactive waste, deposited on, in or under, land or in inland water;

(6) SEPA may impose such time limits as it considers appropriate in a regulatory notice and may describe a time limit by reference to the completion of steps or any other requirement specified in that notice.

(7) A person on whom a regulatory notice is served must comply with the notice from the date on which it has effect (as stated in the notice).

SEPA: regulatory notices requiring cessation

47

(1) Where SEPA serves a regulatory notice requiring the cessation of an activity authorised by a permit, registration or notification—

(a) the permit, registration or notification ceases to have effect to authorise the activity on the date and to the extent specified in the notice; and

(b) the notice must specify—

(i) the extent to which the permit, registration or notification ceases to have effect;

(ii) that the permit, registration or notification shall, until the regulatory notice is withdrawn, cease to have effect to authorise the activity to the extent specified;

(iii) the limitations or conditions to which any permit or registration that is not wholly suspended is to be subject until the regulatory notice is withdrawn; and

(iv) the date on which the notice takes effect (which must not be earlier than the date on which the notice is served).

(2) Where SEPA serves a regulatory notice on a person requiring the cessation of an activity to which general binding rules apply—

(a) regulation 10(1) has no effect to authorise the carrying on of the activity by the person from the date specified in the notice; and

(b) the notice must specify—

(i) that the activity ceases to be authorised until the regulatory notice is withdrawn;

(ii) the date on which the notice takes effect (which must not be earlier than the date on which the notice is served).

Withdrawing regulatory notices

48

(1) SEPA must withdraw a regulatory notice if it is satisfied that the steps required by the notice have been taken.

(2) A notice withdrawing a regulatory notice must specify—

(a) the date on which the withdrawal takes effect; and

(b) the reasons for the withdrawal of the notice.

Regulatory notices: off-site conditions

49

SEPA may impose an off-site condition in a regulatory notice.

Enforcement by the courts

50

SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance (whether or not it has taken other steps for that purpose) with any or all of the following:—

(a) these Regulations;

(b) a general binding rule;

(d) a regulatory notice;

(e) a surrender notice;

(f) a revocation notice.

PART 10 — Costs recovery notices

Costs recovery notices

51

(1) SEPA may serve a notice on a person specified in paragraph (2) requiring that person to pay the costs necessarily incurred by SEPA in relation to —

(a) a regulatory notice,

(b) a revocation notice,

up to the time of service of the notice (a “costs recovery notice”) under this regulation.

(2) The persons specified are—

(a) a person on whom a regulatory notice has been served or to whom the duty to comply with the notice has transferred as a result of regulation 28(2),

(b) a person on whom a revocation notice has been servedor to whom the duty to comply with the notice has transferred as a result of regulation 29(5),

(c) where SEPA takes steps, or arranges for steps to be taken, to remove or reduce a risk of significant environmental harm under regulation 62(1), the authorised person;

(d) where SEPA takes steps, or arranges for steps to be taken, under regulation 62(2) or (3)—

(i) the person on whom the regulatory notice, surrender notice or revocation notice was served,

(ii) the person who would have been served with the regulatory notice, surrender notice or revocation notice, or

(iii) the person to whom a duty to comply with the regulatory notice, surrender notice or revocation notice has transferred under regulation 28(2) or 29(5).

(3) In this regulation, “costs” include—

(a) investigation costs (including the costs of monitoring the environment to determine the harm to which the notice relates);

(b) costs incurred by SEPA in taking steps, or arranging for steps to be taken, under regulation 62 (including any compensation paid to the grantors of any rights as were necessary for SEPA to take the steps, or arrange for the steps to be taken);

(d) costs of obtaining expert advice (including legal advice).

(4) The costs recovery notice must specify—

(a) the amount required to be paid;

(b) how payment may be made;

(d) that SEPA may be required to provide a detailed breakdown of the amount (unless such a breakdown is provided by SEPA with the notice itself);

(e) the rights of appeal; and

(f) the consequences of non-payment as set out in regulation 53.

(5) The person on whom the notice is served may require SEPA to provide a detailed breakdown of the amount required to be paid (unless such a breakdown has already been provided).

(6) SEPA must take such steps as are reasonable to ensure that the detailed breakdown is sent to the person requesting it within a period of 21 days beginning with the date of the request.

Payment requirements for costs recovery notices

52

(1) The amount required to be paid under the costs recovery notice must be paid by the person on whom the notice is served within such period as SEPA may specify in the notice.

(2) In the case of an appeal, any costs which fall to be paid (whether because the notice was upheld or because the appeal was withdrawn) are payable within—

(a) the period referred to in the costs recovery notice by virtue of regulation 51(4)(c);

(b) the period of 28 days beginning with the day the appeal is determined or withdrawn; or

whichever period ends the latest.

Recovery of payments

53

SEPA may recover as a civil debt any costs required to be paid under a costs recovery notice.

PART 11 — Notices

Notices – general provisions

54

(1) Any notice served or given under these Regulations by the Scottish Ministers or SEPA—

(a) must be in writing; and

(b) may be withdrawn, varied or revoked by a further notice in writing (whether before or after the notice has come into effect).

(2) Any notice may be served on or given to a person by leaving it at that person's proper address or by sending it by post to that person at that address or, where paragraph 2A applies, by being sent to the person using electronic communication.

(2A) This paragraph applies where, before the notice is served, SEPA and the person upon whom it is to be served agree in writing that the notice may be sent to the person by being transmitted to an agreed electronic address, and in an agreed electronic form.

(3) Any such notice may—

(a) in the case of a body corporate, be served on a director, secretary, clerk or other officer of that body;

(b) in the case of a partnership (other than a limited liability partnership), be served on or given to a partner or person having the control or management of the partnership business; and

(4) For the purpose of this regulation the proper address of a person is to be construed in accordance with section 26(4) of the Interpretation and Legislative Reform (Scotland) Act 2010 .

(5) Where a document is served as mentioned under paragraph (2) to a postal address in the United Kingdom or by electronic communication to an electronic address, it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.

PART 12 — Appeals

Appeals to the Scottish Ministers

55

(1) A person—

(a) who has been refused, in whole or in part, the grant of a registration or permit under paragraph 9 of schedule 1;

(b) who is deemed to have been refused the grant of a registration or permit under paragraph 10(1) of schedule 1;

(c) whose application for a registration or permit has been deemed withdrawn by SEPA under paragraph 6(3) or 8(3) of schedule 1;

(d) who is aggrieved by the conditions attached to the person's permit (including the specification of standard conditions, but not the standard conditions themselves)—

(i) following an application for a permit under regulation 21;

(ii) by variation, either following an application under regulation 25 or otherwise;

(e) who has been granted a form of authorisation or has been treated as having notified an activity under regulation 60 or 61 which is different from the form of authorisation which that person believes ought to have been granted;

(f) whose application for variation of an authorisation under regulation 25 has been refused (in whole or in part) or deemed refused;

(g) on whom a notice requiring the provision of information under regulation 37 has been served;

(h) whose application for transfer of an authorisation under regulation 27 has been refused or deemed refused, or who is aggrieved by the conditions attached to the person's authorisation to take account of a transfer;

(i) whose application to surrender an authorisation under regulation 30 has been refused or deemed refused;

(j) who is aggrieved by a step specified in the surrender notice served by SEPA under paragraph 15 of schedule 1;

(k) on whom a revocation notice has been served;

(l) whose application for the transfer of a duty to comply with a revocation notice under regulation 29 has been refused or deemed refused;

(m) on whom a regulatory notice has been served;

(n) on whom a costs recovery notice has been served and either or both of the following apply—

(i) the person is aggrieved by service of the notice;

(ii) the person believes that some or all of the costs were not incurred or were unnecessarily incurred;

(o) who has applied under regulation 41(1) to have information excluded from the register on the ground that it is commercially confidential and SEPA has decided the information is not commercially confidential;

(p) who is aggrieved by a decision by SEPA under regulation 42(4) that information is no longer commercially confidential;

(q) whose consent is required for the authorised person to comply with an off-site condition which has been included in an authorisation; or

(r) whose authorisation or authorisations have been consolidated by a SEPA initiated consolidation under regulation 64(2),

may appeal to the Scottish Ministers against the decision or determination.

(2) Paragraph (1) does not apply where the decision or notice (as the case may be) gives effect to a direction under regulation 56(1) or paragraph 23(3) of schedule 1.

(3) Paragraph (1)(d) does not apply to a condition attached to a permit following variation of the permit under regulation 25 or consolidation under regulation 64 if the condition (or an equivalent condition) was attached to the permit immediately prior to the variation or to a non-consolidated authorisation immediately prior to consolidation.

(4) In this regulation, “person” includes a person to whom a permit or registration has been transferred after the decision which is the subject of the appeal has been made or the notice which is the subject of the appeal has been served.

(5) Schedule 4 has effect.

Determination of appeals

56

(1) On determining an appeal against a decision of SEPA referred to in regulation 55(1), the Scottish Ministers may—

(a) affirm the decision, or any part of it;

(b) where the decision is a refusal to—

(i) grant an authorisation;

(ii) grant a form of authorisation; or

(iii) vary a condition of an authorisation,

direct SEPA to grant the authorisation or the form of authorisation or vary the conditions of the authorisation, as the case may be;

(c) where the decision relates to the conditions attached to an authorisation, direct SEPA to vary any or all of the conditions of the authorisation;

(d) if the decision is a refusal to effect the transfer of, or accept the surrender of, an authorisation, direct SEPA to effect the transfer or accept the surrender, as the case may be;

(e) where the decision is to serve a notice—

(i) direct SEPA to withdraw the notice;

(ii) affirm the notice in its original form; or

(iii) direct SEPA to vary the notice as the Scottish Ministers think fit;

(f) where the decision is a decision that information is not commercially confidential, either affirm the decision or direct SEPA to treat the information as commercially confidential.

(2) SEPA must comply with a direction given to it under this regulation.

(3) A determination of an appeal by the Scottish Ministers is final.

(4) The determination or disposal of an appeal which relates to a decision to specify standard conditions in a permit does not affect the continued validity of the standard conditions published under regulation 35.

Effect of notices etc. during consideration of appeal

57

(1) An appeal does not have the effect of suspending—

(a) a decision of SEPA;

(b) a notice;

(d) the refusal (or deemed refusal) of an application.

(2) But if an appeal is against a—

(a) SEPA initiated variation notice under regulation 25, the notice does not take effect until the day following the day on which—

(i) the appeal is withdrawn; or

(ii) the appeal is finally determined and service of the notice is affirmed (with or without modifications);

(b) notice requiring the provision of information under regulation 37, the notice does not take effect until the day following the day on which—

(i) the appeal is withdrawn; or

(ii) the appeal is finally determined and service of the notice is affirmed (with or without modifications);

(i) the appeal is withdrawn; or

(ii) the appeal is finally determined and service of the notice is affirmed (with or without modifications);

(d) decision under regulation 41(4) or 42(4) that information is not commercially confidential, the information must not be made available to the public until the day following the day on which—

(i) the appeal is withdrawn; or

(ii) the appeal is finally determined and the decision that the information is not commercially confidential is affirmed;

(e) costs recovery notice under regulation 51, the notice does not take effect until the day following the day on which—

(i) the appeal is withdrawn; or

(ii) the appeal is finally determined and the service of the notice is affirmed (with or without modifications);

(f) SEPA initiated consolidation under regulation 64(2), the consolidation does not take effect until the day following the day on which—

(i) the appeal is withdrawn; or

(ii) the appeal is finally determined and the consolidation is affirmed,

(g) an off-site condition under regulation 22(3)(b) by a person whose consent is required in order for the authorised person to comply with it, the appealed condition does not take effect until the day following the day on which—

(i) the appeal is withdrawn, or

(ii) the appeal is finally determined, and the condition is affirmed.

Appeals – miscellaneous

58

(1) This regulation applies to a function of the Scottish Ministers in connection with—

(a) the determination of an appeal under these Regulations; and

(b) any other matter connected with an appeal.

(2) Where this regulation applies, the Scottish Ministers may—

(a) appoint a person to exercise any such function on their behalf, with or without payment; or

(b) refer a matter to a person they may appoint for the purpose, with or without payment.

PART 13 — Duties and functions of SEPA

Duty on SEPA to exercise its functions in accordance with the technical schedules

59

SEPA must exercise its relevant functions in accordance with the technical schedules.

Power of SEPA to impose authorisations

60

(1) Where it appears to SEPA that a person is carrying on (or is likely to carry on) a regulated activity which has not been authorised, SEPA may treat the activity as an activity—

(a) which has been notified;

(b) in respect of which an application for a registration has been made; or

as SEPA thinks fit.

(2) Where SEPA decides to treat an activity as being notified, or as an activity in respect of which an application for a registration or permit has been made, in accordance with paragraph (1)—

(a) any fee payable under a charging scheme for that notification or application, is payable; and

(b) these Regulations apply as if such a notification or application had been made.

(3) SEPA must give notice to the person who appears to SEPA to be in control of the carrying on of the activity and to the person carrying on the activity, that it is treating the activity in accordance with paragraph (1).

(4) Where SEPA treats an activity in accordance with paragraph (1)(b) or (c), SEPA must grant an authorisation to the person or persons it considers to be in control of the carrying on of the activity.

(5) Where SEPA treats an activity in accordance with paragraph (1), the person or persons it considers to be in control of the carrying on of the activity are to be treated for the purposes of these Regulations as—

(a) in relation to treatment as a notification, the person who makes a notification in accordance with regulation 12(3),

(b) in relation to treatment as a permit or registration, the applicant.

Power of SEPA to escalate or de-escalate authorisations

61

(1) Where it appears to SEPA that a person is carrying on (or is likely to carry on) a regulated activity under an authorisation (“the original authorisation”), but that it should be authorised by a different type of authorisation (“the replacement authorisation”), SEPA may treat the activity as an activity—

(a) which has been notified;

(b) in respect of which an application for a registration has been made; or

as SEPA thinks fit.

(2) Where SEPA decides to treat an activity as being notified, or as an activity in respect of which an application for a registration or permit has been made, in accordance with paragraph (1)—

(a) any fee payable under a charging scheme for that notification or application is payable;

(b) these Regulations apply as if such a notification or application had been made; and

(i) SEPA informs the authorised person that the replacement authorisation has been placed on the register, if it is a notification; or

(ii) SEPA grants the replacement authorisation, if it is a registration or permit.

(3) Where SEPA decides to treat an activity as being notified, or as an activity in respect of which an application for a registration or permit has been made, SEPA must give notice that it is treating the activity in accordance with paragraph (1) to the person it considers will be the authorised person in the event that the replacement authorisation is granted or placed on the register.

Action by SEPA

62

(1) SEPA may take steps or arrange for steps to be taken to remove or reduce a risk of significant environmental harm (whether or not it has taken other steps for that purpose) if it considers that the—

(a) carrying on of a regulated activity;

(b) carrying on of a regulated activity in a particular manner; or

involves such a risk.

(2) Where SEPA considers that a regulatory notice should be served, SEPA may take steps or arrange for any steps that would have been identified in that notice to be taken (whether or not it has taken other steps for that purpose), if it appears to SEPA, after reasonable inquiry, that no person can be found on whom to serve the notice.

(3) Where paragraph (4) applies, SEPA may take or arrange for any or all of the steps specified in the notice to be taken (whether or not it has taken other steps for that purpose), on giving at least 7 days' notice of the steps to be taken to the person on whom the notice was served , or to whom the notice or the duty to comply with the notice has transferred.

(4) This paragraph applies where—

(a) SEPA has served any of a—

(i) regulatory notice;

(ii) surrender notice;

(iii) revocation notice; and

(b) the person on whom the notice was served , or to whom the notice or the duty to comply with the notice has transferred, has failed to comply with it (in whole or in part).

(5) Where SEPA has taken steps or arranged for steps to be taken under paragraph (1), (2) or (3), SEPA may recover by costs recovery notice the costs of doing so (including any compensation paid to the grantors of any rights) from the authorised person or the person on whom—

(a) SEPA served, or would have served, a regulatory notice , or to whom the duty to comply with a regulatory notice has transferred; or

(b) SEPA served a surrender notice or upon whom the duty to comply with a surrender notice has transferred, or.

(6) A person whose consent would be required for steps under paragraph (1), (2) or (3) to be taken must grant (or join in granting) such rights as are necessary for SEPA to take or arrange for those steps to be taken.

(7) A person who grants, or joins in granting, any rights necessary for SEPA to take steps or arrange for steps under paragraph (1), (2) or (3) to be taken may apply for compensation, in accordance with schedule 2, of such amount and in such manner as may be determined under that schedule.

Accelerated applications

63

(1) This paragraph applies where SEPA considers that, by reason of an emergency—

(a) an application for a registration or permit requires to be determined within a shorter period of time than the procedures specified in schedule 1 allow; or

(b) a variation of a permit or registration (whether on the application of the authorised person or initiated by SEPA in relation to a permit) requires to be determined within a shorter time than the procedures specified in schedule 1 allow.

(2) Where paragraph (1) applies, regulations 17(1) and 22(1), and paragraphs 1, 5, 7, 8, 10, 11, 12 and 13 of schedule 1 and paragraph 3 of schedule 2, do not apply.

(3) Where paragraph (1) applies, SEPA must comply with regulations 18(3), 19(3), 23(3) and 25(5) only insofar as it is practicable to do so.

(4) Where paragraph (1) applies, an application—

(a) must be made in such form and must be accompanied by such information as SEPA may require (and, if SEPA so determines, need not be in writing); and

(b) must be accompanied by any fee payable in accordance with a charging scheme.

(5) SEPA must decide whether to grant or refuse (in whole or in part) an accelerated application within such time period as it considers appropriate in all the circumstances.

(6) Where SEPA decides to grant an accelerated application, it must notify the authorised person ... of—

(a) the activity authorised;

(b) the authorised person;

(d) the date on which the authorisation takes effect; and

(e) the authorised place.

(7) Where SEPA determines the variation of an authorisation under this regulation (whether or not initiated by SEPA), it must notify the authorised person of—

(a) the variations being made to the authorisation; and

(b) the date on which the variations are to take effect.

(8) Where SEPA notifies a person other than in writing of a determination under paragraph (6) or (7), SEPA must also notify the person in writing when it is practicable to do so.

(9) In this regulation—

“accelerated application” means an application or SEPA initiated variation to which this regulation applies in accordance with paragraph (1)(a) or (b); and

“emergency” has the same meaning as it does in section 1 of the Civil Contingencies Act 2004 .

Consolidation of permits and registrations

64

(1) Paragraph (2) applies where an authorised person holds more than one non-consolidated authorisation.

(2) SEPA may replace the non-consolidated authorisations at any time with a single authorisation (“a consolidated authorisation”) in accordance with paragraph (3).

(3) Where the non-consolidated authorisations consist of—

(a) permits only, SEPA may replace the permits with a consolidated permit;

(b) registrations only, SEPA may replace the registrations with a consolidated registration;

(c) a combination of permits and registrations, SEPA may replace the non-consolidated authorisations with a consolidated permit.

(4) SEPA may replace a non-consolidated authorisation which has been—

(a) varied;

(b) partially transferred;

(d) partially surrendered,

with a consolidated authorisation.

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