A new era for environmental permitting in Scotland: The Environmental Authorisations (Scotland) Regulations 2018

The Scottish Environment Protection Agency’s (SEPA) integrated authorisation framework will shortly become an operational reality. From 1 November 2025, the Environmental Authorisations (Scotland) Regulations 2018 (EASR) will replace the patchwork of existing water, waste and industrial permitting regimes . While most existing permissions will be “lifted and shifted” into the new system automatically, there are important changes to terminology, renewal cycles, and, in some instances, compliance obligations and the identity of the legal person responsible for regulatory compliance. Businesses should use the upcoming transition period to audit their consents, ensure the correct party is listed as the “Authorised Person”,  and plan for any works needed to meet new standard conditions that will begin to bite in 2026.

Scope

EASR replaces eight different regulatory regimes currently in place in Scotland:

• 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

The aim is to reduce administrative burden and provide a common authorisation structure - General Binding Rules (GBRs), Notifications, Registrations and Permits – across environmental media. The practical impact, however, will differ between sectors.

Existing Applications

Applications submitted under outgoing regimes but not determined by 1 November 2025 will continue to be processed under the old rules, then migrated into EASR.

Existing Authorisations

Most existing authorisations will transfer automatically, but there are some exceptions.

• CAR

For water environment activities, CAR registrations and licences will become EASR registrations and permits. The “responsible person” under CAR becomes the “Authorised Person” under EASR, and that person must have actual control of the activity. If this is not the case there is a six month grace period to transfer the permit. Where a CAR registration now qualifies as a standardised EASR registration the transfer occurs in two stages, with legacy conditions remaining in force until 1 March 2026.

• PPC

Industrial operators with PPC permits will see a similar transition, with most permits converting directly to EASR permits and existing conditions carried forward. Some smaller installations will move to the registration tier, with the introduction of standard conditions on 1 March 2026. Certain activities will be also downgraded to GBRs, removing the need for individual authorisation but still requiring strict compliance with the relevant rules.

• Waste

Waste management licences will become EASR permits, preserving site-specific conditions. However, unless fully covered by a new GBR, businesses relying on waste exemptions must apply for an EASR registration or permit by 1 November 2026 or the expiry of the current exemption. Exemptions renewed just before 1 November 2025 will only be valid for twelve months, ending perpetual renewals. Operators should reassess projects that assume ongoing exempt status.

Waste carriers, brokers, and dealers will have their registrations converted directly, with standard conditions applying from 1 April 2026 for carriers and immediately for brokers and dealers. Businesses with multiple divisions must ensure the correct legal entity holds the registration, or transfer within six months. Professional collectors and transporters of waste must apply for a new EASR registration by 1 April 2027.

New Activities

EASR introduces new regulated activities, such as land application of sewage sludge, carbon capture units, and certain combustion and anaerobic digestion plants, each with designated application windows between 2025 and 2028. Operators should plan accordingly to avoid delays.

Subsistence Fees

SEPA has confirmed that annual subsistence fees will generally remain unchanged. Where recalculation is needed, SEPA will issue an adjusted invoice after 1 November 2025. Businesses should anticipate possible future changes to the charging scheme.

Practical Steps

Businesses are advised to compile a register of all permits and exemptions, check future status against SEPA’s conversion tables^[1], ensure the correct Authorised Person is named, review standard conditions and GBRs for required changes, and budget for potential fee adjustments and new submission costs.

EASR is the most significant overhaul of Scottish environmental permitting in decades. Early engagement with the new regime and proactive dialogue with SEPA where deviations from standard conditions are anticipated will be essential to ensure uninterrupted operations and demonstrate robust environmental compliance.
 

^[1] Moving to the new Regulations | Beta | SEPA | Scottish Environment Protection Agency