Environmental Authorisations (Scotland) Regulations 2018
In 2018 the Scottish Government introduced new rules under the Environmental Authorisation (Scotland) Regulations (EASR).
These rules create a single, simpler integrated authorisation framework for providing authorisation for activities that affect the environment.
The framework is based on the level of risk posed by the activities and aims to help businesses comply in a quicker ands easier way [1].
Content Title
The Environmental Authorisations (Scotland) Regulations 2018 aim to create a more streamlined and integrated system for environmental authorisations in Scotland. They bring together the processes for authorising, enforcing, and managing activities that may impact the environment, including [2]:
- Water activities
- Waste management activities
- Industrial activities
- Radioactive substances
The Regulations set out a common framework that integrates the authorisation, procedural and enforcement arrangements and standardises the process for complying with environmentla legislation in Scotland.
The Regulations came into force in September 2018, when radioactive substances became the first activities to be brought under EASR.
Types of Authorisations
Under EASR, the same types of authorisation are used for all activities, regardless of whether the activity is related to water, waste management, industrial activities, or radioactive substances. This provides a consistent approach to how SEPA authorise regulated activities and creates a level playing field for operators.
The level of authorisation needed for an activity is decided by considering the risk to the environment and human health, legislative requirements, fairness to the operator, vulnerability to misuse (e.g. waste crime), and public and third-party interests.
There are four different types of authorisation:
- General Binding Rules
- Notification
- Registration
- Permit
General Binding Rules (GBNs) [2]
General Binding Rules (GBRs) are mandatory rules that apply to low-risk activities. If the activity being undertaken is covered by a GBR, as long as the rules are complied with in full, the operator is authorised; there is no need to apply for any other authorisation and there is no need to let SEPA know.
If limits set out in a GBR are exceeded or an operator cannot comply with all the rules, then a different type of authorisation will be required.
Notifications [2]
Notifications are used for low-risk activities which SEPA need to be aware of, including needing to know who is carrying out the activity and where. SEPA do not decide whether to grant or refuse an authorisation, the activity is considered authorised as soon as they have been notified.
Notifications may be associated with GBRs that must be complied with.
Notifications do not expire (unless specifically stated), and the authorisation exists until it is surrendered or revoked
Registration [2]
Registrations are used for activities that need a simple assessment before SEPA decide to grant or refuse the authorisation. An operator will need to apply for a registration at which point SEPA have 28 days to determine a registration application.
Activities that are authorised by a registration have standard conditions (rules) that apply and must be complied with. If an operator is unable to comply with the standard conditions that apply to the activity then another permit must be applied for instead.
Registrations do not expire (unless specifically stated), and the authorisation exists until it is surrendered or revoked.
Standard conditions for all registration activities have been consulted on and are available on the relevant activity pages of the SEPA website.
Permits [2]
Permits are used for higher risk and non-standard activities that need a rigorous assessment before SEPA decide to grant or refuse the application. Activities that need a detailed Fit and Proper Person assessment, bespoke conditions or involve public consultation will be authorised under a permit. An operator will need to apply for a permit and SEPA have four months to determine a permit application.
Permits can include standard conditions and bespoke conditions (conditions specific to the activity in the application that SEPA think are needed to mitigate risk of environmental harm).
Permits do not expire (unless specifically stated), and the authorisation exists until it is surrendered or revoked.
Combined Authorisations [2]
Operators carrying out multiple regulated activities will only need to apply for one authorisation that covers all their activities. The type of authorisation required will be decided by the highest level of authorisation needed for each activity.
