The Environmental Authorisations (Scotland) Amendment Regulations 2025

• (a) any condition subject to which an existing water use licence is granted has effect as if it were a condition attached to the deemed permit,

• (b) the responsible person in relation to the existing water use licence is to be treated as the authorised person in respect of the deemed permit.

• (3) SEPA may not revoke a deemed permit on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity before the date falling 6 months after the relevant date.

• (4) In this paragraph, “responsible person” has the meaning in regulation 2 of the CAR Regulations.

Existing water registrations

3

• (1) Subject to sub-paragraph (5) below and to paragraphs 4 and 5, an existing water registration which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) in relation to which there are applicable standard conditions has effect on or after the water sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).

• (2) In accordance with sub-paragraph (1)—

• (a) the deemed registration is subject to the applicable standard conditions for that regulated activity,

• (b) except in relation to an existing water registration for a private sewage activity, the person notified by SEPA of the grant of the existing water registration or, as appropriate, the person who was given a consent under section 34 of the Control of Pollution Act 1974[^f00199] or, as appropriate, the person who held an authorisation or applied for an authorisation under regulation 18 of the Groundwater Regulations 1998[^f00200] to which paragraph 9 of schedule 10 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005[^f00201] applied, will be treated as the authorised person in respect of the deemed registration.

• (3) Subject to paragraphs 4 and 5, an existing water registration which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) in relation to which there are no applicable standard conditions, has effect on or after the water sunset date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).

• (4) In accordance with sub-paragraph (3)—

• (a) any condition subject to which an existing water registration is granted has effect as if it were a condition attached to the deemed permit,

• (b) the person notified by SEPA of the grant of the existing water registration or, as appropriate, the person who was given a consent under section 34 of the Control of Pollution Act 1974 or, as appropriate, the person who held an authorisation or applied for an authorisation under regulation 18 of the Groundwater Regulations 1998 to which paragraph 9 of schedule 10 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 applied, will be treated as the authorised person in respect of the deemed permit,

• (5) Where the person referred to in sub-paragraph (2)(b) or, in relation to an existing water registration for a private sewage activity, the person deemed to be the authorised person by paragraph 4(2) of schedule 10 of the 2018 Regulations applies for a permit under the 2018 Regulations in relation to the activity authorised by that registration before the water sunset date—

• (a) the existing water registration has effect from the date on which the application is made as if it were a permit (“a deemed permit”) until the application is determined under the 2018 Regulations,

• (b) any condition subject to which the existing water registration is granted has effect as if it were a condition attached to the deemed permit,

• (c) the applicant is to be treated as the authorised person until the date on which the application is determined under the 2018 Regulations.

• (6) SEPA may not revoke a deemed permit or a deemed registration under this paragraph on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity before the date falling 6 months after the water sunset date.

Existing water registrations: CAR closed culvert registration activity

4

• (1) An existing water registration which authorised a CAR closed culvert registration activity, to the extent that it authorised a CAR closed culvert registration activity, has effect on or after the water sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).

• (2) A deemed registration for a CAR closed culvert registration activity is subject to the standard conditions applicable to a crossing registration activity under the 2018 Regulations.

Existing water registrations: pipe/cable crossing registration activity

5

• (1) An existing water registration which authorised a pipe/cable crossing registration activity, to the extent that it authorised a pipe/cable crossing registration, has effect on or after the water sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).

• (2) A deemed registration for a pipe/cable crossing registration activity is subject to the standard conditions applicable to a crossing registration activity under the 2018 Regulations.

Existing water registrations: specified dates

6

An existing water registration which specifies a date after which an activity is no longer authorised to be carried on, which falls before the relevant date, ceases to have effect on the water sunset date to the extent that it authorises that activity and any conditions that only apply to that activity do not apply.

Existing water registration: period between relevant date and water sunset date

7

For the purposes of regulation 7 of the 2018 Regulations, an existing water registration is—

• (a) to be treated as an authorisation (“a deemed authorisation”) under the 2018 Regulations, and

• (b) any condition subject to which the existing water registration is granted has effect as if it were a condition attached to the deemed authorisation,

during the period between the relevant date and the earlier of the water sunset date or the date on which an application for a permit is made.

Existing water registration: activity meeting the description of activity 16 in the table in Chapter 2 of Part 1 of schedule 9

8

An existing water registration which authorises the direct discharge of substances or heat, which may give rise to harm to the water environment into groundwater as a result of construction or maintenance works in or on the ground which come into contact with groundwater as described in activity 16 in column 1 of the table in Chapter 2 of Part 1 of schedule 9 of the 2018 Regulations, where the activity consists only of the direct discharge into groundwater of grout used to facilitate ground stabilisation, ceases to have effect on the relevant date to the extent that it authorises that activity and any conditions that only apply to that activity do not apply.

PART 3 — Emissions Activities

Existing Part A PPC permits

9

• (1) An existing Part A PPC permit which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).

• (2) In accordance with sub-paragraph (1)—

• (a) any condition to which an existing Part A PPC permit is subject has effect as if it were a condition attached to the deemed permit,

• (b) the operator in relation to the existing Part A PPC permit is to be treated as the authorised person in respect of the deemed permit on the relevant date.

Existing Part B PPC permits

10

• (1) Subject to paragraph 12, an existing Part B PPC permit which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).

• (2) In accordance with sub-paragraph (1)—

• (a) any condition to which an existing Part B PPC permit is subject has effect as if it were a condition attached to the deemed permit,

• (b) the operator in relation to the existing Part B PPC permit is to be treated as the authorised person in respect of the deemed permit.

Existing solvents permits

11

• (1) Subject to paragraph 12, an existing solvents permit which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations), has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).

• (2) In accordance with sub-paragraph (1)—

• (a) any condition to which an existing solvents permit is subject has effect as if it were a condition attached to the deemed permit,

• (b) the operator in relation to the existing solvents permit is to be treated as the authorised person in respect of the deemed permit.

Existing Part B PPC permits and existing solvents permits: new registration activities

12

• (1) Subject to sub-paragraph (4), an existing Part B PPC permit or existing solvents permit which only authorises activities described in sub-paragraph (3) has effect on or after the PPC Part B sunset date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).

• (2) In accordance with sub-paragraph (1)—

• (a) the deemed registration is subject to the applicable standard conditions for that regulated activity or regulated activities (within the meaning of the 2018 Regulations),

• (b) the operator in relation to the existing Part B PPC permit is to be treated as the authorised person in respect of the deemed registration.

• (3) The activities are those described in—

• (a) Part B(b)(ii), (c), (d) and (e) of section 1.2 of Chapter 1 of part 1 of schedule 1 of the 2012 Regulations (petrol vapour recovery),

• (b) Part B(a)(ii) of section 3.1 of Chapter 3 of part 1 of schedule 1 of the 2012 Regulations (blending or use of cement in bulk),

• (c) Part B(e) of section 3.5 of Chapter 3 of part 1 of schedule 1 of the 2012 Regulations (roadstone coating with bitumen), excluding roadstone coating with tar,

• (d) Part B(a) of section 5.1 of Chapter 5 of part 1 of schedule 1 of the 2012 Regulations (incineration of biomass),

• (e) Part B(b) of section 6.4 of Chapter 6 of part 1 of schedule 1 of the 2012 Regulations (vehicle respraying),

• (f) Part B(a) and (b) of section 6.6 of Chapter 6 of part 1 of schedule 1 of the 2012 Regulations (timber manufacturing excluding chemical treatment),

• (g) Part B(c)(i) of section 6.8 of Chapter 6 of part 1 of schedule 1 of the 2012 Regulations (fish ensiling) ,

• (h) activity 12 in column 1 of table 1 of schedule 2 of the 2012 Regulations (dry cleaning).

• (4) Where the operator, in relation to an existing Part B PPC permit or existing solvents permit which authorises an activity described in sub-paragraph (3), applies for a permit under the 2018 Regulations before the PPC Part B sunset date—

• (a) the existing PPC Part B permit or existing solvents permit has effect from the date on which the application is made as if it were a permit (“a deemed permit”) until the application is determined under the 2018 Regulations,

• (b) any condition to which the existing Part B PPC permit or existing solvents permit is subject has effect as if it were a condition attached to the deemed permit,

• (c) the applicant is to be treated as the authorised person until the date on which the application is determined under the 2018 Regulations.

• (5) For the purposes of regulation 7 of the 2018 Regulations, an existing Part B PPC permit or existing solvents permit which authorises an activity described in sub-paragraph (3)—

• (a) to be treated as an authorisation (a “deemed authorisation”) under the 2018 Regulations,

• (b) any condition to which the existing Part B PPC permit is subject has effect as if it were a condition attached to the deemed authorisation, and

• (c) the operator in relation to the existing Part B PPC permit or existing solvents permit is to be treated as the authorised person in respect of the deemed authorisation,

during the period between the relevant date and the earlier of the PPC Part B sunset date or the date on which an application for a permit is made.

Existing PPC permit: activities described in Part B(a), (c) or (d) of section 3.5 of Chapter 3 of schedule 1 of the 2012 Regulations

13

An existing PPC permit which authorises an activity described in Part B(a) (crushing, grinding or other size reduction (other than the cutting of stone) or the grading, screening or heating any designated mineral product where the activity is unlikely to result in the release in the air of particulate matter), (c) (crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete) or (d) (screening) of section 3.5 of Chapter 3 of schedule 1 of the 2012 Regulations ceases to have effect on the relevant date if, and to the extent that, the activity is an activity included in activity 1 in column 1 of the table in Chapter 4 of Part 1 of schedule 9 of the 2018 Regulations and any conditions that only apply to that activity do not apply.

Deemed Permits: limitation of power to revoke under regulation 31

14

SEPA may not revoke, on the grounds that the authorised person is not in control of the regulated activity—

• (a) a deemed permit resulting from the operation of paragraphs 9 to 11, before the date falling 6 months after the relevant date,

• (b) a deemed registration resulting from the operation of paragraph 12(1), before the date falling 6 months after the PPC Part B sunset date.

Other emissions activities: activities not previously subject to regulation

15

• (1) Subject to sub-paragraphs (3) and (4), regulation 7 of the 2018 Regulations applies to the activities listed in column 1 of Table 1 from the date specified in column 2.

• (2) An application for an authorisation for an activity listed in column 1 of Table 1—

• (a) for activities described in paragraph 1 (combustion plant generating electricity in aggregate over 1 MW)—

• (i) may only be made on or after 28 February 2028, and

• (ii) must be received by SEPA by 30 June 2028,

• (b) for any other activity listed in column 1 of Table 1 may only be made on or after the date falling 4 months before the specified date for that activity in column 2.

• (3) Where an application for authorisation is received in accordance with sub-paragraph (2), and is not determined on or before the specified date for that activity, regulation 7 of the 2018 Regulations only applies from the date the application is determined.

• (4) This paragraph does not apply to activities meeting the description of activities listed in column 1 of Table 1 where that activity is, immediately before the relevant date, subject to regulation under the 2012 Regulations.

Other emissions activities in Part 3 of schedule 26 of the 2018 Regulations	Specified date
Activities described in paragraph 1 (combustion plants generating electricity in aggregate over 1 MW)	1 January 2029
Activities described in paragraph 68 (other carbon capture activities)	1 April 2027
Activities described in paragraph 69 (non-waste anaerobic digestion)	1 April 2028

Other emissions activities: medium combustion plants

16

• (1) Subject to sub-paragraph (4), regulation 7 of the 2018 Regulations does not apply to the operation of an existing medium combustion plant with a rated thermal input equal to or greater than 1 and less than or equal to 5 megawatts until 1 January 2029.

• (2) Paragraphs 8, 9 and 11 to 13 of schedule 27 of the 2018 Regulations apply to the operation of an existing medium combustion plant with a rated thermal input equal to or greater than 1 and less than or equal to 5 megawatts on or after 1 January 2030.

• (3) An application under the 2018 Regulations to operate an existing medium combustion plant where the rated thermal input of the plant is equal to or greater than 1 and less than or equal to 5 megawatts—

• (a) may only be made on or after 28 February 2028, and

• (b) must be received by SEPA by 30 June 2028.

• (4) Where an application is made in accordance with sub-paragraph (3), regulation 7 of the 2018 Regulations only applies from the date the application is determined.

PART 4 — Waste Activities

Existing waste management licence

17

• (1) An existing waste management licence which authorises an activity which is a regulated activity (within the meaning of the 2018 Regulations) has effect on or after the relevant date as if it were a permit (within the meaning of the 2018 Regulations) (“a deemed permit”).

• (2) In accordance with sub-paragraph (1)—

• (a) any condition to which an existing waste management licence is subject has effect as if it were a condition attached to the deemed permit,

• (b) the licence-holder in relation to the existing waste management licence is to be treated as the authorised person in respect of the deemed permit.

• (3) SEPA may not revoke a deemed permit under this paragraph on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity before 1 April 2026.

Existing waste exemptions and existing complex waste exemptions

18

• (1) Subject to sub-paragraphs (2) and (4), an existing waste exemption continues to be an exempt activity within the meaning of the 2011 Regulations until the waste exemptions sunset date.

• (2) An existing waste exemption under paragraph 8(1)(a) of schedule 1 of the 2011 Regulations ceases to have effect on the relevant date and is no longer an exempt activity within the meaning of the 2011 Regulations.

• (3) Subject to sub-paragraph (4), an existing complex waste exemption continues to be an exempt activity within the meaning of the 2011 Regulations until the earlier of—

• (a) the date the exemption is no longer registered under paragraph 4 of schedule 5 of the 2011 Regulations,

• (b) the waste exemptions sunset date.

• (4) An existing waste exemption or existing complex waste exemption ceases to have effect on the relevant date to the extent that the exempt activity is an activity included in column 1 of the table in Chapter 3 of Part 1 of schedule 9 of the 2018 Regulations.

• (5) Notwithstanding the revocation of the 2011 Regulations, and subject to sub-paragraphs (6) and (7), the 2011 Regulations continue to have effect in relation to an existing waste exemption and an existing complex waste exemption.

• (6) Regulations 24(2) and (3), and 27(2) and (3) of the 2011 Regulations do not have effect with respect to any existing complex waste exemption on or after 1 October 2025.

• (7) Regulation 26(2) of the 2011 Regulations does not have effect from the relevant date.

• (8) Regulation 7 of the 2018 Regulations does not apply to—

• (a) subject to head (c), an existing waste exemption until the waste exemptions sunset date,

• (b) subject to head (c), an existing complex waste exemption until the earlier of—

• (i) the date that the exemption is no longer registered under paragraph 4 of schedule 5 of the 2011 Regulations,

• (ii) the waste exemptions sunset date,

• (c) an existing waste exemption or existing complex waste exemption to which sub-paragraph (4) applies, until the relevant date.

Existing waste exemptions and existing complex waste exemptions: applications for authorisations under the 2018 Regulations

19

• (1) Where an application has been made for a permit or registration under the 2018 Regulations—

• (a) in relation to an existing waste exemption, before the waste exemptions sunset date,

• (b) in relation to an existing complex waste exemption, before the earlier of—

• (i) the waste exemptions sunset date, or

• (ii) the expiry of the existing complex waste registration,

the activity is deemed to be authorised (“a deemed authorisation”) until the application is concluded.

• (2) In accordance with sub-paragraph (1)—

• (a) any condition or limitation to which an existing waste exemption or existing complex waste exemption was subject to under the 2011 Regulations has effect as if it were a condition attached to the deemed authorisation,

• (b) the applicant is to be treated as the authorised person in respect of the deemed authorisation.

• (3) Where, in relation to an existing waste exemption or existing complex exemption, an activity is deemed authorised under sub-paragraph (1), the existing waste exemption or complex waste exemption (as the case may be)—

• (a) will cease to have effect, and

• (b) will be deemed to have been removed from the register maintained under regulation 20 of the 2011 regulations,

from the date on which the application for registration or permit is concluded.

Existing waste carrier registrations

20

• (1) An existing waste carrier registration which is in effect immediately before the relevant date has effect on or after the relevant date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).

• (2) In accordance with sub-paragraph (1)—

• (a) the deemed registration is subject to the applicable standard conditions for the authorised activity from 1 April 2026,

• (b) the registered carrier will be treated as the authorised person in respect of the deemed registration,

• (c) the deemed registration will cease to have effect on the date three years from—

• (i) the date of registration of the existing waste carrier registration, or

• (ii) if the existing waste carrier registration has been renewed, the date on which it was last renewed.

• (3) SEPA may not revoke a deemed registration under this paragraph before the date falling 6 months after the relevant date on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity.

Existing PCTW registrations

21

An existing PCTW registration has effect on or after the relevant date as if it were an authorisation under the 2018 Regulations (“a deemed authorisation”) until the PCTW expiry date.

Existing broker and dealer registrations

22

• (1) An existing broker or dealer registration has effect on or after the relevant date as if it were a registration (within the meaning of the 2018 Regulations) (“a deemed registration”).

• (2) In accordance with sub-paragraph (1)—

• (a) the deemed registration is subject to the applicable standard conditions for the authorised activity of acting as a broker or dealer,

• (b) the registered broker or dealer will be treated as the authorised person in respect of the deemed registration,

• (c) the deemed registration will cease to have effect on the date three years from—

• (i) the date of registration of the existing registration as a broker or dealer under paragraph 4 of schedule 5 of the 2011 Regulations,

• (ii) if the existing registration has been renewed, the date on which it was last renewed,

• (iii) if at the time of the last renewal, a request was made under paragraphs 7(2) or (3) of schedule 5 of the 2011 Regulations, the date of registration as a waste carrier.

• (3) SEPA may not revoke a deemed registration under this paragraph before the date falling 6 months after the relevant date on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity.

New waste carriers, brokers and dealers

23

• (1) Notwithstanding the coming into force of these Regulations, new applications for authorisation in relation to the collection and transportation of waste or acting as a broker or dealer may only be made under the 2018 Regulations on or after 1 April 2026.

• (2) During the period between and including 1 November 2025 and 31 March 2026, new applications for authorisation must be made in accordance with this sub-paragraph—

• (a) in relation to the collection and transportation of waste—

• (i) for registration as a waste carrier under the 1991 Regulations, or

• (ii) for a registration as a PCTW under paragraph 12 of schedule 4 of the 2011 Regulations,

• (b) in relation to acting as a broker or dealer, for registration as a broker or dealer under regulation 30 and paragraph 3 of schedule 5 of the 2011 Regulations.

• (3) Registrations granted in accordance with—

• (a) sub-paragraph (2)(a)(i), are to be treated as an existing waste carrier registration and as if in effect immediately before the relevant date,

• (b) sub-paragraph (2)(a)(ii), are to be treated as an existing PCTW registration and as if in effect immediately before the relevant date,

• (c) sub-paragraph (2)(b), are to be treated as an existing registration as a broker or dealer, and as if in effect immediately before the relevant date.

• (4) Notwithstanding the revocation of the 1989 Act and the 2011 Regulations—

• (a) sections 2, 3 and 4 of the 1989 Act[^f00202],

• (b) regulations 1 to 18, and schedules 2 and 3, of the 1991 Regulations, and

• (c) regulation 30 and schedules 4 and 5 of the 2011 Regulations,

continue to have effect in relation to any applications for registration made in accordance with this paragraph until the application has been concluded.

Existing waste carriers, brokers and dealers whose deemed registration expires between 1 November 2025 and 1 April 2026

24

• (1) Notwithstanding the coming into force of these Regulations, where—

• (a) a person holds a deemed registration under paragraph 20 or 22 of this schedule, and

• (b) that deemed registration expires during the period between and including 1 November 2025 and 1 April 2026,

applications for renewal of a deemed registration must be made in accordance with sub-paragraph (2), and sub-paragraphs (3) and (4) apply to those renewals.

• (2) An application for renewal of a deemed registration—

• (a) in relation to the collection and transportation of waste, should be made under the 1991 Regulations for registration as a waste carrier,

• (b) in relation to acting as a broker or dealer, should be made under regulation 30 and paragraph 3 of schedule 5 of the 2011 Regulations for registration as a broker or dealer.

• (3) Registrations granted in accordance with—

• (a) sub-paragraph (2)(a), are to be treated as an existing waste carrier registration and as if in effect immediately before the relevant date,

• (b) sub-paragraph (2)(b), are to be treated as an existing registration as a broker or dealer, and as if in effect immediately before the relevant date.

• (4) Notwithstanding the revocation of the 1989 Act and the 2011 Regulations—

• (a) sections 2, 3 and 4 of the 1989 Act,

• (b) regulations 1 to 18, and schedules 2 and 3, of the 1991 Regulations,

• (c) regulation 30 and schedules 4 and 5 of the 2011 Regulations,

continue to have effect in relation to any applications for registration made in accordance with this paragraph until the application has been concluded.

Applications for permits and registrations for waste to land activities

25

• (1) Where a person will be carrying on an activity described in schedule 18 to be inserted into the 2018 Regulations by schedule 9 of these Regulations on or after 1 November 2025, that person may apply for a permit or registration within the meaning of the 2018 Regulations on or after 1 June 2025.

• (2) An authorisation granted by SEPA before 1 November 2025 in respect of an application for a permit or registration made in accordance with sub-paragraph (1) before 1 November 2025 takes effect on 1 November 2025.

• (3) Where an application for authorisation is made in relation to an activity which is currently an exempt activity under paragraph 8(1)(a) of schedule 1 of the 2011 Regulations, or an activity which may be carried on in accordance with the Sludge (Use in Agriculture) Regulations 1989[^f00203], or both, and—

• (a) SEPA has not determined an application made under sub-paragraph (1) on or before 1 November 2025, or

• (b) SEPA has granted an authorisation, but the applicant has appealed against the conditions of that authorisation,

the activity, for the purposes of regulation 7 of the 2018 Regulations, is deemed to be authorised under the 2018 Regulations in accordance with the description of the activity given in the application made under sub-paragraph (1), and subject to the conditions in sub-paragraph (4) until the application has been concluded.

• (4) A deemed authorisation under sub-paragraph (3) is subject to the following conditions—

• (a) notwithstanding their revocation, the provisions of the Sludge (Use in Agriculture) Regulations 1989, and

• (b) where the applicant was, on the date the application was made, the holder of an exemption under paragraph 8(1)(a) of schedule 1 of the 2011 regulations, the conditions of that exemption as provided in paragraph 8(3) of schedule 1 of the 2011 Regulations.

• (5) The applicant is the authorised person in respect of any deemed authorisation under sub-paragraph (3).

• (6) Where—

• (a) SEPA grants an application for registration or permit under sub-paragraph (2), and

• (b) the applicant has registered a complex exemption for that activity under paragraphs 7 or 8(2) of schedule 1 of the 2011 Regulations which is in effect on 1 November 2025,

that registered exemption ceases to have effect on 1 November 2025 and will be deemed to have been removed from the register maintained under regulation 20 of the 2011 Regulations on that date.

PART 5 — Continuity of Existing Proceedings

Existing applications

26

• (1) If before the relevant date, a person has applied, or has been treated by SEPA as having applied for—

• (a) any of the following under the CAR Regulations—

• (i) a water use licence or registration under regulation 11,

• (ii) an authorisation under regulation 10,

• (iii) the variation of an authorisation under regulation 23 or 24,

• (iv) the transfer of an authorisation under regulation 25,

• (v) the surrender of an authorisation under regulation 27,

• (vi) a determination of commercial confidentiality under regulation 39,

• (b) any of the following under the 2012 Regulations—

• (i) a permit under regulation 13,

• (ii) the variation of a permit under regulation 46,

• (iii) the transfer of a permit under regulation 47,

• (iv) the surrender of a permit under regulation 48,

• (v) a determination of commercial confidentiality under regulation 66(2),

• (c) any of the following under the 1990 Act—

• (i) a waste management licence under section 36 of the 1990 Act,

• (ii) the variation of a waste management licence under section 37 of the 1990 Act,

• (iii) the transfer of a waste management licence under section 40 of the 1990 Act,

• (iv) the surrender of a waste management licence under section 39 of the 1990 Act,

• (v) a determination of commercial confidentiality under section 66 of the 1990 Act,

and that application has not been concluded before the relevant date, sub-paragraphs (2)-(5) apply.

• (2) Notwithstanding the revocation of the CAR Regulations, the CAR Regulations continue to have effect in relation to any application referred to in sub-paragraph (1)(a) until the application is concluded.

• (3) Notwithstanding the revocation of the 2012 Regulations, and subject to paragraph 27, the 2012 Regulations continue to have effect in relation any application referred to in sub-paragraph (1)(b) until the application is concluded.

• (4) Notwithstanding the revocation of the sections 35 to 44 of the 1990 Act and the 2011 Regulations, and subject to paragraph 27, those enactments continue to have effect in relation to any application referred to in sub-paragraph (1)(c).

• (5) A water licence or registration, a PPC permit, waste management licence, or variation, transfer, surrender or determination of commercial confidentiality, that is subsequently granted by SEPA following an application referred to in sub-paragraph (1)—

• (a) may only be granted to the extent that it could be granted under the 2018 Regulations,

• (b) is deemed to have been granted immediately before the relevant date.

Existing applications: fit and proper person

27

• (1) In relation to an application referred to in paragraph 26(1)(b) to which—

• (a) paragraph 26(3) applies, and

• (b) regulation 18 of the 2012 Regulations applies,

sub-paragraph (3) applies.

• (2) In relation to an application referred to in paragraph 26(1)(c) to which paragraph 26(4) applies, sub-paragraph (4) applies.

• (3) Where this paragraph applies, the meaning of “fit and proper person” is as set out in regulations 2(1), 66(1)(e) and 68 of the 2018 Regulations, and the provision made in regulation 18(3) and (4) of the 2012 Regulations does not apply in relation to the application.

• (4) Where this paragraph applies, the meaning of “fit and proper person” is as set out in regulations 2(1), 66(1)(e) and 68 of the 2018 Regulations, and section 74 of the 1990 Act does not apply in relation to the application.

Waste management licensing exemptions and renewals

28

• (1) This paragraph applies where, on or after 10 October 2025, a person has—

• (a) given written notice to SEPA of an exemption under regulation 25 of the 2011 Regulations and otherwise met the requirements of regulation 25(2), or

• (b) sent a renewal notice to SEPA and otherwise met the requirements of regulation 26(2) of the 2011 Regulations in relation to a renewal of an exemption.

• (2) Notwithstanding the revocation of the 2011 Regulations, the 2011 Regulations continue to have effect in relation to any notice referred to in sub-paragraph (1).

• (3) In the circumstances outlined in sub-paragraph (1)(a), if the particulars of an exemption are entered or remain on the register after 1 November 2025, the exemption is deemed to have been registered or renewed before the relevant date.

2012 Regulations: notifications of surrender, revocation or suspension

29

• (1) If, before the relevant date—

• (a) an operator has given notice to SEPA of a surrender of all or any part of a permit under regulation 49(2) of the 2012 Regulations, or

• (b) SEPA has given notice to an operator of—

• (i) a revocation of all or any part of a permit under regulation 50(1) of the 2012 Regulations,

• (ii) a suspension of all or any part of a permit under regulation 56(1) or (4) of the 2012 Regulations,

sub-paragraph (2) applies.

• (2) Notwithstanding the revocation of the 2012 Regulations, the 2012 Regulations continue to have effect in relation to any notice referred to in sub-paragraph (1).

PART 6 — Specific Activities

CHAPTER 1 — Waste Activities

Deemed condition(s): materials facilities

30

A deemed permit for the operation of a materials facility which does not include the condition or conditions giving effect to those required by paragraph 4 of schedule 14 to be inserted into the 2018 Regulations by schedule 5 of these Regulations is deemed to include that condition or conditions until such date as SEPA may vary the permit to include that condition or those conditions.

CHAPTER 2 — Industrial Emissions Activities

Deemed conditions: incidents, accidents and non-compliance

31

• (1) A deemed permit for an industrial emissions activity which does not include conditions as required by paragraph 9 (incidents, accidents and non-compliance) of schedule 19 to be inserted into the 2018 Regulations by schedule 10 of these Regulations is deemed to include the conditions in sub-paragraphs (2) and (3) until such date as SEPA may vary the permit to include those conditions.

• (2) In the event of an incident or accident that significantly affects the environment, the authorised person must—

• (a) inform SEPA immediately,

• (b) immediately take measures to limit the environmental consequences of the incident or accident, and

• (c) prevent further possible incidents or accidents.

• (3) In the event of a breach of conditions, the authorised person must—

• (a) immediately inform SEPA,

• (b) immediately take necessary measures to ensure that compliance is restored as soon as possible,

• (c) immediately cease operation of an installation or plant in the event of a breach of conditions that poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, until compliance is restored.

Deemed conditions: proposed change in operation

32

• (1) A deemed permit for a schedule 20 emissions activity which does not include conditions as required by paragraph 16 (proposed change in operation) of schedule 20 to be inserted into the 2018 Regulations by schedule 11 of these Regulations is deemed to include the condition in sub-paragraph (2) until such date as SEPA may vary the permit to include those conditions.

• (2) The authorised person must inform SEPA of a proposed change in operation which may have consequences for the environment in advance of making any such change unless an application for a variation of the permit has been made to SEPA which addresses the proposed change in operation.

Hazardous substances: baseline reports

33

• (1) Authorised persons holding a deemed permit for a schedule 20 emissions activity, where the activity involves the use, production or release of relevant hazardous substances, and which was in operation before 7 January 2013 (or where a complete application was submitted before that date and operation began no later than 7 January 2014) must submit a baseline report to SEPA in advance of the next update of the permit,

• (2) SEPA may, on request by the applicant, waive the requirement in sub-paragraph (1) to submit a baseline report, having regard for that purpose to the possibility of soil and groundwater contamination.

CHAPTER 3 — Other Emissions Activities

Medium combustion plants: deemed condition

34

• (1) A deemed permit for the operation of a medium combustion plant which does not include conditions as required by paragraph 14 (compliance) of schedule 27 of the 2018 Regulations is deemed to include the condition in sub-paragraph (2) until the date that SEPA varies the permit to include those conditions.

• (2) The authorised person must report any planned change to the medium combustion plant which would affect the applicable emission limit values to SEPA without undue delay.

Signed

GILLIAN MARTIN — A member of the Scottish Government — 27th May 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Environmental Authorisations (Scotland) Regulations 2018 (the “2018 Regulations”) to bring water, waste and industrial emissions activities into the framework for authorisation of environmental activities provided by the 2018 Regulations, which currently only apply to radioactive substances activities in Scotland.

As provided for in schedule 21, these Regulations revoke much of the current legislation underpinning the regulation of these environmental activities in Scotland, including the Landfill (Scotland) Regulations 2003, the Water Environment (Controlled Activities) (Scotland) Regulations 2011, the Waste Management Licensing (Scotland) Regulations 2011, and the Pollution Prevention and Control (Scotland) Regulations 2012, and provide for a new regulatory framework for these activities within the 2018 Regulations.

Regulation 1(2) in Part 1 provides for coming into force dates of the provisions, subject to the transitional and savings provisions in schedule 23. Activities which are currently regulated under the existing regimes by way of licence, permit or registration will generally be deemed to be authorised under the 2018 Regulations as amended by these Regulations. There is specific provision for activities which are exempt from the requirement to hold an authorisation under the Waste Management Licensing (Scotland) Regulations 2011, requiring in most cases that the activity be authorised under the 2018 Regulations by 1 April 2026. Specific provision is also made for activities involving the recovery of waste by application to land to enable applications for authorisation under the 2018 Regulations from 1 June 2025, and to enable a later transition for authorisations for the transportation of waste under the current regime.

Part 2 makes a number of amendments to the 2018 Regulations so as to bring these new activities within the regulatory framework provided by the 2018 Regulations. This includes amendments to definitions, including the definitions of regulated activities so as to include the new activities and changes to the provisions in respect of information and publicity in Part 8 of the 2018 Regulations so as to provide for pre-application public consultation in certain cases, and to modify the call-in procedure in Part 2 of schedule 1 of the 2018 Regulations. In addition, a number of technical amendments are made to the 2018 Regulations so as to ensure the better functioning of those Regulations and to correct minor technical errors in schedule 8 (radioactive substances activities).

Part 2 also amends schedule 9 (general binding rules) of the 2018 Regulations so as to provide for general binding rules in relation to certain water, waste, and emissions activities. Part 2 also provides new technical schedules to be inserted into the 2018 Regulations so as to define the scope of the new regulated activities as well as subsets of those activities, and to provide for specific technical requirements that apply to applications and authorisations for those activities. Schedules 1 to 19 of these Regulations provide for new technical schedules for water activities, waste management activities, industrial emissions activities, and other emissions activities which are inserted into the 2018 Regulations. As a subset of waste activities, new technical schedules (in schedules 3 to 9 of these Regulations) are provided in relation to hazardous waste activities, landfill activities, management of waste vehicles, management of waste electrical and electronic equipment, management of waste batteries and recovery of waste by application to land for the purpose of soil improvement. Subsets of industrial emissions activities are inserted into the 2018 Regulations by schedules 10 to 15 of these Regulations dealing with schedule 20 emissions activities, operating a large combustion plant, incineration and co-incineration of waste, organic solvents emissions activities, and titanium dioxide activities. Schedule 16 of these Regulations inserts a new schedule into the 2018 Regulations to provide for energy efficiency requirements for certain industrial emissions activities. Schedules 18 and 19 of these Regulations insert new technical schedules into the 2018 Regulations in relation to operating a medium combustion plant and petrol vapour recovery activities as subsets of “other emissions activities”.

Part 3 provides for amendments to the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013 which are necessary in consequence of these Regulations and for a new schedule to be inserted into those Regulations which provides for an indicative list of the main pollutants.

Part 4 provides for repeals and revocations, consequential modifications and transitional and savings provisions, the specifics of which are provided for in schedules 21, 22 and 23.

A Business and Regulatory Impact Assessment has been prepared and placed in the Environmental Quality Division, Directorate for Environment and Forestry, Victoria Quay, Edinburgh EH6 6QQ and is available online at legislation.gov.uk.

Footnotes

[^f00001]: 2014 asp 3. Section 16 makes provision relevant to the exercise of these powers; section 16 and schedule 2 were amended by S.S.I. 2019/436. Section 18 includes the power to make different provision for different purposes and incidental, supplemental, consequential, transitional, transitory or saving provision by virtue of section 58(1).

[^f00002]: S.S.I. 2013/323, amended by S.S.I. 2015/211, S.S.I. 2017/389, S.S.I. 2019/26 and S.S.I. 2023/374.

[^f00003]: S.S.I. 2018/219, amended by S.S.I. 2019/26 and S.S.I. 2023/374.

[^f00004]: EUD 2000/532, amended by S.I. 2019/620 and S.I. 2020/1540.

[^f00005]: S.S.I. 2013/323, amended by S.S.I. 2015/211, S.S.I. 2017/389, S.S.I. 2019/26 and S.S.I. 2023/374.

[^f00006]: EUR 1272/2008, amended by S.I. 2019/720.

[^f00007]: S.I. 1996/972, relevantly amended by S.S.I. 2019/26.

[^f00008]: 1968 c. 47. Section 59 was relevantly amended by the Water Industry (Scotland) Act 2002 (asp 3), schedule 5, paragraph 41(b)(iv) and the Water Environment and Water Services (Scotland) Act 2003 (asp 3), schedule 3, paragraph 23(a).

[^f00009]: 1990 c. 43. Section 75(2) was relevantly amended by S.S.I. 2011/226, S.S.I. 2018/219 and S.I. 2019/620. Section 75A was inserted by S.I. 2019/620, and amended by S.I. 2023/1424.

[^f00010]: OJ L 312, 22.11.2008, p. 3, as last amended by Directive (EU) 2018/851.

[^f00011]: ICRP, 2020. Dose Coefficients for external exposures to environmental sources. ICRP Publication 133. Ann. ICRP 49(2).

[^f00012]: EUR 2009/1107, amended by S.I. 2019/556, S.I. 2019/1410 and S.I. 2020/1376.

[^f00013]: 2003 asp 8.

[^f00014]: Published by the British Standards Institution on 31 July 2006 (ISBN 0-580-48267-7).

[^f00015]: Published by the British Standards Institution on 23 December 2004 (ISBN 978-0-580-83726-5).

[^f00016]: Published by the British Standards Institution on 28 February 2018 (ISBN 978-0-580-52033-4).

[^f00017]: Published by the British Standards Institution on 10 June 2003, last updated in 2013 (ISBN 978-0-580-78768-3).

[^f00018]: S.S.I. 2008/298, amended by S.S.I. 2008/394, S.S.I. 2009/447, S.S.I. 2011/228, S.S.I. 2012/360, S.S.I. 2013/123, S.S.I. 2014/373, S.S.I. 2015/376 and S.S.I. 2021/412.

[^f00019]: Published by the British Standards Institution on 15 April 1993, last updated in 2010 (ISBN 978-0-580-71245-6).

[^f00020]: S.S.I. 2008/298, amended by S.S.I. 2008/394, S.S.I. 2009/447, S.S.I. 2011/228, S.S.I. 2012/360, S.S.I. 2013/123, S.S.I. 2014/373, S.S.I. 2015/376 and S.S.I. 2021/412.

[^f00021]: Published by the British Standards Institution on 15 April 1993 and last updated in 2010 (ISBN 978-0-580-71245-6).

[^f00022]: 1990 c. 43. Section 75(2) was relevantly amended by S.S.I. 2011/226, S.S.I. 2018/219 and S.I. 2019/620. Section 75A was inserted by S.I. 2019/620 and amended by S.I. 2023/1424.

[^f00023]: 1981 c. 69. Section 14P was added by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), section 16.

[^f00024]: 1985 c. 48.

[^f00025]: 1968 c. 47. Section 59 was amended by the Water Environment and Water Services (Scotland) Act 2003 (asp 3), section 33(1).

[^f00026]: 1984 c. 54. Section 151 was amended by the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), schedule 2, paragraph 38(15)(b), the Forth Crossing Act 2011 (asp 2), section 12(7) and the Forth Road Bridge Act 2013 (asp 8), section 1(4).

[^f00027]: 1968 c. 47. Section 59 was relevantly amended by the Water Industry (Scotland) Act 2002 (asp 3), schedule 5, paragraph 41.

[^f00028]: 2003 asp 3. Section 9 was amended by the Aquaculture and Fisheries (Scotland) Act 2013, section 54(4).

[^f00029]: S.S.I. 2013/325, amended by S.S.I. 2022/138 and S.S.I. 2023/374.

[^f00030]: S.I. 2004/99, amended by S.I. 2016/139 and S.I. 2019/558.

[^f00031]: S.I. 2003/3245, amended by S.I. 2016/139, S.I. 2017/407 and S.I. 2019/558.

[^f00032]: S.S.I. 2013/325, amended by S.S.I. 2022/138 and S.S.I. 2023/374.

[^f00033]: S.I. 1994/2842, relevantly amended by S.I. 1996/973, S.S.I. 2003/273, S.S.I. 2018/391 and S.S.I. 2019/175.

[^f00034]: S.I. 1994/2716, relevantly amended by the Energy Act 2023 (c. 52), S.I. 1996/973, S.S.I. 2004/475, S.I. 2007/1843, S.S.I. 2007/80, S.S.I. 2007/349, S.S.I. 2008/425, S.S.I. 2012/228, S.S.I. 2019/113, S.S.I. 2019/320, S.S.I. 2019/364 and S.S.I. 2021/44.

[^f00035]: 2004 asp 6. Part 2 was relevantly amended by the Wildlife and Natural Environment (Scotland) Act 2011, section 37, S.S.I. 2004/475, S.S.I. 2011/155, and S.S.I. 2019/113.

[^f00036]: S.S.I. 2008/170, amended by S.S.I. 2012/243, S.S.I. 2019/26 and S.S.I. 2023/374.

[^f00037]: 2010 asp 5.

[^f00038]: S.S.I. 2010/60, to which there are no relevant amendments.

[^f00039]: EUDN 2003/33, amended by S.I. 2019/620.

[^f00040]: S.S.I. 2017/102, relevantly amended by S.S.I. 2017/168, S.S.I. 2018/219, S.S.I. 2019/80, S.S.I. 2020/310 and S.S.I. 2023/374.

[^f00041]: 1990 c. 43. Section 34(2I) was added by S.S.I. 2012/148.

[^f00042]: DOI: 10:1520/A0036_A0036M-19.

[^f00043]: Applicable as from 1 January 2023 (ECE/TRANS/326 (Vol.II)).

[^f00044]: 2004 asp 6.

[^f00045]: S.I. 1994/2716, relevantly amended by S.I. 2010/490, S.S.I. 2004/475S.S.I. 2015/249, and S.S.I. 2019/113.

[^f00046]: 1990 c. 43.

[^f00047]: Published on 8 July 2024 and available at: Waste management: code of practice on sampling and reporting at materials facilities - June 2024 ( https://www.gov.scot/publications/code-practice-sampling-reporting-materials-facilities-june-2024/).

[^f00048]: 1990 c. 43. Subsection (2I) was added by S.S.I. 2012/148.

[^f00049]: 1990 c. 43. Section 45(1) was amended by S.S.I. 2012/148.

[^f00050]: 1990 c. 43. Section 30(3)(c) was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), paragraph 167(3) of schedule 13.

[^f00051]: 1990 c. 43. Section 45C was inserted by S.S.I. 2012/148.

[^f00052]: S.I. 2003/2635, relevantly amended by S.I. 2005/263, S.I. 2010/1094, S.I. 2018/235, S.I. 2018/942, S.I. 2019/188, S.I. 2020/818, and S.S.I. 2011/226.

[^f00053]: EUR 1272/2008, amended by S.I. 2019/720.

[^f00054]: EUR 2018/858, amended by S.I. 2019/648, S.I. 2020/818, and S.I. 2022/1273.

[^f00055]: EUR 2013/168, amended by S.I. 2019/648, and S.I. 2020/818.

[^f00056]: OJ L 243, 24.9.1996.

[^f00057]: OJ L 343, 13.12.1997.

[^f00058]: EUR 1005/2009, amended by S.I. 2019/583.

[^f00059]: S.I. 2018/1407, relevantly amended by S.I. 2020/1313.

[^f00060]: S.I. 2019/473, to which there are no relevant amendments.

[^f00061]: OJ L 334, 17.12.2010, p. 17, as corrected by Corrigendum (OJ L 158, 19.6.2012, p. 25).

[^f00062]: OJ L 135, 30.5.1991, p. 40 as amended by Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29), Regulation 1882/2003 (OJ L 284, 31.10.2003, p. 1), Regulation 1137/2008 (OJ L 311, 21.11.2008, p. 1) and Directive 2013/64 (OJ L 353, 28.12.2013, p. 8).

[^f00063]: OJL125, 21.5.2009, p.75.

[^f00064]: OJL106, 17.4.2001, p.1.

[^f00065]: S.I. 2020/1265, relevantly amended by S.I. 2020/1557, S.I. 2021/1455 and S.I. 2024/192.

[^f00066]: S.S.I. 2017/102, relevantly amended by S.S.I. 2017/168, S.S.I. 2018/219, S.S.I. 2019/80, S.S.I. 2020/310 and S.S.I. 2023/374.

[^f00067]: OJ L 327, 22.12.2000, p.1 as amended by Decision No 2455/2001/EC (OJ L331, 15.12.2001, p.1), Directive 2008/32/EC (OJ L 81, 20.3.2008, p. 60), Directive 2008/105/EC (OJ L 348, 24.12.2008, p. 84), Directive 2009/31/EC (OJ L 140, 5.6. 2009, p. 114), Directive 2013/39 (OJ L 226, 24.8.2013, p. 1), Directive 2013/64/EU (OJ L 353, 28.12.2013, p. 8), and Directive 2014/101/EU (OJ L 311, 31.10.2014 at p 32).

[^f00068]: S.I. 2015/483 to which there are no relevant amendments.

[^f00069]: S.S.I. 2017/102, relevantly amended by S.S.I. 2017/168, S.S.I. 2018/219, S.S.I. 2019/80, S.S.I. 2020/310 and S.S.I. 2023/374.

[^f00070]: 1988 c. 36. Section 27B was added by the Courts Reform (Scotland) Act 2014 (asp 19), Part 3, Chapter 2, section 89.

[^f00071]: OJ L 140, 5.6.2009, p. 114 as amended by Directive 2011/92/EU (OK L 26, 28.1.2012, p. 1), Decision 2018/853 (OJ L 150, 14.6.2018, p. 155) and Regulation 2018/1999 (OJ L 328, 21.12.2018, p. 1).

[^f00072]: S.S.I. 2012/360 as amended by S.I. 2014/469, S.I. 2015/100, S.I. 2015/188, S.I. 2015/483, S.I. 2020/818, S.S.I. 2014/267, S.S.I. 2017/446, S.S.I. 2018/391, S.S.I. 2019/26, S.S.I. 2019/175, S.S.I. 2023/374 and S.S.I. 2024/191.

[^f00073]: S.S.I. 2000/323 to which there are no relevant amendments.

[^f00074]: EUD 2012/249, amended by S.I. 2018/1407.

[^f00075]: EUR 1069/2009, amended by S.I. 2019/170, S.I. 2019/588, S.I. 2019/1220, S.I. 2020/1388 and S.I. 2020/1463.

[^f00076]: 1990 c. 43. Section 34(2I) was inserted by S.S.I. 2012/148.

[^f00077]: EUR 1013/2006, amended by S.I. 2019/473, S.I. 2019/590 and S.I. 2020/1455.

[^f00078]: OJ L 135, 30.5.1991, p. 40 as amended by Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29), Regulation 1882/2003 (OJ L 284, 31.10.2003, p. 1), Regulation 1137/2008 (OJ L 311, 21.11.2008, p. 1) and Directive 2013/64 (OJ L 353, 28.12.2013, p.8).

[^f00079]: EUR 1907/2006, amended by S.I. 2019/720, S.I. 2019/758 and S.I. 2021/904.

[^f00080]: EUR 2018/858, amended by S.I. 2019/648 and S.I. 2022/1273.

[^f00081]: EUR 1272/2008, amended by S.I. 2019/720.

[^f00082]: 2008 c. 32. Section 18 was amended by paragraph 53 of schedule 1(1) of the Energy Act 2016 (c. 20), S.I. 2017/524 and 2011/2453.

[^f00083]: OJ L 315 1, 14.11.2012 as amended by Council Directive 2023/12/EU (OJ L 141 28, 28.5.2013), Directive (EU) 2018/844 (OJ 156 75, 19.6.2018), Directive (EU) 2018/2002 (OJ L 328 210, 21.12.2018), Regulation (EU) 2018/1999 (OJ L 328 1, 21.12.2018), Decision (EU) 2019/504 (OJ L 851 66, 27.3.2019), Commission Delegated Regulation (EU) 2019/826 (OJ L 137 3, 23.5.2019), and Directive (EU) 2019/944 (OJ L 158, 14.6.2019).

[^f00084]: 1980 c. 44. Section 135 was relevantly amended by the Registered Establishments (Scotland) Act 1987 (c. 4), section 2(2).

[^f00085]: Published by the British Standards Institution on 31 August 2024 (ISBN 978-0-539- 32862-2).

[^f00086]: 1965 c. 57. The definition of nuclear site licence was amended by paragraph 26(4) of schedule 12(2) of the Energy Act 2013 (c. 32).

[^f00087]: EUR 1069/2009, amended by S.I. 2019/170, S.I. 2019/588, S.I. 2019/1220, S.I. 2020/1388 and S.I. 2020/1463.

[^f00088]: EUR 2016/1628, amended by S.I. 2019/648 and S.I. 2020/1040.

[^f00089]: EUR 2009/1069, relevantly amended by S.I. 2020/1388.

[^f00090]: S.S.I. 2010/204, amended by S.S.I. 2016/376, S.S.I. 2017/446, S.I. 2018/391, S.S.I. 2022/138 and S.S.I. 2023/374.

[^f00091]: S.S.I. 2010/204, amended by S.S.I. 2016/376, S.S.I. 2017/446, S.I. 2018/391, S.S.I. 2022/138 and S.S.I. 2023/374.

[^f00092]: OJ L 152, 11.6.2008, p. 1-44, amended by Commission Directive (EU) 2015/1480 (OJ L 226 4, 29.8.2015) and Corrigendum, OJ L 072 141 (2015/1480).

[^f00093]: 1997 c. 8.

[^f00094]: 1968 c. 47.

[^f00095]: Section 29A was inserted by the Water Resources (Scotland) Act 2013 (asp 5), section 34(2).

[^f00096]: S.S.I. 2013/323.

[^f00097]: Sections 38A and 38C were inserted by the Water Resources (Scotland) Act 2013 (asp 5), section 37.

[^f00098]: Section 37 was inserted by the Water Resources (Scotland) Act 2013 (asp 5), section 37.

[^f00099]: S.S.I. 2018/219, amended by S.S.I. 2025/165.

[^f00100]: 2014 asp 3.

[^f00101]: 1990 c. 43.

[^f00102]: Section 33 was relevantly amended by the Regulatory Reform (Scotland) Act 2014 (asp 3) s. 61(2), schedule 3, paragraph 40(2) and S.S.I. 2009/247, S.S.I. 2011/226, S.S.I. 2019/26 and S.S.I. 2019/26.

[^f00103]: S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00104]: S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00105]: Section 34(1) was relevantly amended by the Environmental Protection Act 1990 (c. 43) schedule 16, paragraph 1, S.S.I. 2009/247 and S.S.I. 2012/360.

[^f00106]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00107]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00108]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00109]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00110]: Section 78A was inserted by the Environment Act 1995 (c. 25) section 57 and relevantly amended by S.S.I. 2005/658.

[^f00111]: Section 78YB was inserted by the Environment Act 1995 (c. 25) section 57 and relevantly amended by S.S.I. 2016/99.

[^f00112]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00113]: 1991 c. 34. Schedule 18 was relevantly amended by S.S.I. 2006/181 and S.I. 1999/648.

[^f00114]: 1995 c. 46. Schedule 9 paragraph 1 was relevantly amended by the Regulatory Reform (Scotland) Act 2014 (asp 3) schedule 3(5), paragraph 31(4)(b).

[^f00115]: 1995 c. 25.

[^f00116]: Section 56 was relevantly amended by the Environment Act 2021 (c. 30) section 64(4)(b) and S.I. 2019/458.

[^f00117]: 2003 asp 3.

[^f00118]: S.I. 2003/3245.

[^f00119]: S.I. 2004/99.

[^f00120]: S.S.I. 2016/19.

[^f00121]: Section 114(2)(a)(iii) was relevantly amended by the Pollution Prevention and Control Act 1999 schedule 3 paragraph 1, S.S.I. 2006/181 and S.S.I. 2011/226.

[^f00122]: Schedule 20, paragraph 4 was relevantly amended by S.S.I. 2006/181 and S.S.I. 2012/360.

[^f00123]: S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00124]: 1995 c. 23.

[^f00125]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00126]: 2011 asp 2.

[^f00127]: 2014 asp 3.

[^f00128]: 2013 asp 5; section 21(5)(b) was substituted by paragraph 10(3) of schedule 3(1) of the Regulatory Reform (Scotland) Act 2014.

[^f00129]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00130]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00131]: S.I. 1991/472. Regulation 3A(1) is relevantly amended by S.S.I. 2012/360.

[^f00132]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00133]: S.I. 1992/588, relevantly amended by S.S.I. 2005/22.

[^f00134]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00135]: S.I. 1994/2716. Regulations 83 and 84 are relevantly amended by S.S.I. 2007/1843. Regulation 84A is relevantly amended by S.S.I. 2000/323, S.S.I. 2007/1843 and 2012/360.

[^f00136]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00137]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00138]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00139]: S.I. 1996/1527, relevantly amended by S.S.I. 2012/360.

[^f00140]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00141]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00142]: S.I. 1996/972, relevantly amended by S.S.I. 2000/323, S.S.I. 2011/226, S.S.I. 2018/391 and S.S.I. 2019/175.

[^f00143]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00144]: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/165.

[^f00145]: S.S.I. 2004/99, relevantly amended by S.S.I. 2016/139.