Scotland has a new streamlined environmental authorisations regime system, consolidating an array of environmental permitting / licensing regulations previously applying to industrial activities.
From 1 November 2025, waste, water management, industrial activities and radioactive substances are now all regulated under the Environmental Authorisation (Scotland) Regulations 2018 (EASR), (as amended by the Environmental Authorisations (Scotland) Amendment Regulations 2025).
This is a sweeping change. The EASR has replaced the previous patchwork of eight different sets of regulations (and associated consents):
- controlled activities regulations licences (relating to the water environment)
- pollution prevention control permits (relating to processes with potential for environmental pollution)
- waste management licensing and
- consenting/licensing of controlled and special waste, end-of-life vehicles, sludge and landfill operations.
Where previously operators often required various consents under the various regulations, subject to differing conditions, operators shall only require one of four levels of authorisations under the EASR:
- General Binding Rules (GBRs) – low risk activities - so long as mandatory requirements are complied with, no authorisation is required;
- Notification – low risk activities - SEPA is notified the activities are being carried out and by whom, but no consent or approval from SEPA is required;
- Registration – higher risk activities – SEPA undertake a simple assessment of the activity and standard conditions are imposed; and
- Permit – highest risk / non-standard activities – a more substantial assessment is undertaken by SEPA, including a fit and proper person assessment, and either standard or bespoke conditions are imposed.
Where a single authorisation is to authorise a number of activities, the level of authorisation is determined by the highest risk activity.
Most existing authorisations from the pre-EASR regulations will have automatically transitioned under EASR, with the same conditions being imposed as under the previous consent/licence, and the named operator shall become the authorised person on the new authorisation. For some authorisations, moving to EASR may mean having to apply for a new authorisation or changing the authorisation conditions, and in some instances there is a transition period (ending 28 February 2026) to allow time to adjust activities to comply.
Some activities, such as non-waste anaerobic digestion and sewage sludge application, now require authorisation under EASR.
For those who had submitted applications for a new or varied permit/licence under the previous regulatory regime(s), the application will continue to be dealt with under the previous regulations and will automatically transfer to an EASR authorisation upon grant.
Comment
The new consolidated EASR regime is akin to the introduction of the Environmental Permitting Regulations in England in 2016 and will no doubt be appreciated by operators of relevant facilities – only requiring to navigate one set of regulations and obtain one consent for their operations.
It is unsurprising if there is a bedding in period as operators and practitioners get used to the new regime, and SEPA has extensive guidance on the new system and what happens to exiting permits / licences / consents. However, it is important that those potentially affected by the previous regulations (and therefore the EASR) seek legal and technical advice to ensure compliance.
Contributors
Senior Associate
Trainee Solicitor
