Important changes are happening in environmental regulation in Scotland. Scott Crawford, Senior Permitting Manager at the Scottish Environment Protection Agency (SEPA), explains what the changes are and what this means for waste management in Scotland.
At the start of November, the regulation of water, waste management and industrial activities moved under the Environmental Authorisations (Scotland) Regulations 2018 (EASR). This provides a streamlined environmental regulatory framework, simplifying the processes for authorising, enforcing and managing activities that may impact the environment.
Previously, only radioactive substances activities were regulated under EASR, but recent amendments extend the framework to now include water, waste management and industrial activities. The joined-up approach provided by the regulations is designed to support more effective and efficient regulation; reducing regulatory burden and ensuring consistency in how SEPA regulates.
The changes took effect from 1 November and will change the way that SEPA authorise and regulate activities, including waste management.
What does this change mean for you?
The Environmental Authorisations (Scotland) Regulations 2018 has replaced eight different regulations. These are:
- The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR).
- Pollution Prevention & Control (Scotland) Regulations 2012 (PPC).
- The Waste Management Licensing (Scotland) Regulations 2011.
- Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991.
- Sludge (Use in Agriculture) Regulations 1989.
- Special Waste Regulations 1996.
- End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.
- Landfill (Scotland) Regulations 2003.
If you or your business currently holds an authorisation under any of the regulations listed above, the move to EASR may affect you.
Most waste management authorisations have automatically become EASR authorisations, and in most cases the conditions of your authorisation will stay the same. But for some, the authorisation conditions have changed, or the type of authorisation you had previously is no longer available so you might need to apply for a new authorisation to remain compliant.
What you need to do will depend on the type of existing authorisation you have and the activity you’re doing.
What does this mean for your existing waste authorisation?
Waste management licences
If you have a waste management licence, this automatically became an EASR permit on 1 November 2025, and your authorisation conditions have not changed.
Waste exemptions
Waste exemptions will no longer be granted for new activities. You will need to apply for a new EASR authorisation.
If you have an existing simple waste exemption, this will no longer apply from 1 November 2026. The new EASR authorisation you need will depend on your activity. This could be a registration or permit, which you will need to apply for, or your activity may be covered by a low-risk waste position statement or an EASR waste General Binding Rule.
If you have an existing complex waste exemption, you will no longer be able to renew it. You will need to apply for a new EASR authorisation before your existing exemption expires.
Unlike the previous waste exemption system, once you have an EASR authorisation, you do not have to apply to renew it. Your authorisation will stay in place until you surrender it, transfer it to someone else or it is revoked by SEPA.
Waste carriers registration
If you have a waste carriers registration, this automatically became an EASR registration on 1 November 2025. New standard conditions will apply from 1 April 2026, until then the conditions in your EASR registration will be the same as your current conditions. Your new EASR registration will have the same expiry date as your waste carriers registration, so you will need to apply for a new EASR registration before this date.
Waste brokers and dealers registration
If you have a waste brokers and dealers registration, this automatically became an EASR registration on 1 November 2025. Your new EASR registration has standard conditions that you must comply with from 1 November. Your new registration will have the same expiry date as your waste brokers and dealer registration, so you will need to apply for a new EASR registration before this date.
Professional collector and transporter of waste (PCTW) registration
If you have a PCTW registration, this automatically became an EASR authorisation on 1 November 2025. You will need to apply for a new EASR registration by 1 April 2027. Your EASR authorisation will have the same conditions as your existing PCTW registration and remain valid until then.
Applying for a new EASR authorisation
Types of authorisation
New types of authorisation have been brought in. This means the type of authorisation required better reflects the risk of harm an activity poses to the environment and human health, with more assessment and tighter controls in place for activities that pose a higher risk.
There are four different types, which are used for all activities, regardless of whether the activity is related to water, waste management, industrial activities or radioactive substances. These are General Binding Rules (GBRs), notifications, registrations and permits.
All authorisations have conditions or rules that must be complied with. For registrations, these are standard conditions. When you apply for a registration, you must confirm that you can comply with the standard conditions associated with that activity.
If you’re unable to meet the standard conditions, you may need to apply for a permit instead. For permits, the conditions are tailored to your specific activity and location and will be determined during the assessment of your application. This is to ensure appropriate safeguards are in place to minimise pollution and protect the environment.
In control and Fit and Proper Person test
Whether applying for a new registration or a permit, you will also now be subject to an in control and a Fit and Proper Person check. SEPA will carry out this assessment before they grant an authorisation to determine whether the applicant is in control of the activity and suitable to hold the authorisation.
This helps ensure regulated activities are carried out following the conditions in an authorisation and the environment is protected. As part of the assessment, you will be required to disclose any relevant convictions held by you or any individuals involved in your operation.
Next steps for businesses
It’s important to find out and understand how your existing authorisation has transitioned to EASR. If you do need to apply for a new authorisation, plan ahead and prepare to avoid any disruption to your operations.
Read SEPA’s Navigating regulatory change guide and visit the SEPA website for more detailed information on how your authorisation has transitioned to EASR.
You can also find descriptions of all waste activities and the type of authorisation that applies to each, along with descriptions for all other activities that will be regulated under EASR and information on how to apply for a new authorisation.
If you need help navigating the changes, get in touch with SEPA for guidance and support and to talk through your options.
