The Environmental Authorisations (Scotland) Amendment Regulations 2025

Environment Act 1995

5.—(1) The Environment Act 1995(1) is amended in accordance with sub-paragraphs (2) to (6).

(2) In section 41(2) (power to make schemes imposing charges), after paragraph (g), insert—

““(h)“the review of an environmental licence,

“(i)“the consolidation of environmental licences,

“(j)“an application for commercial confidentiality in respect of an environmental licence.”.

(3) In section 56(1) (interpretation of part 1)(2), in the definition of “environmental licence”, in the application of Part 1 in relation to SEPA, omit sub-paragraphs (aa), (b), (d), (h), (j) and (ja).

(4) In section 108(15) (powers of enforcing authorities and persons authorised by them)—

(a)after the definition of “mobile plant”, insert—

““““pollution“” in relation to the water environment, means the direct or indirect introduction, as a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm, and ““harm“” means—

(b)in the definition of “pollution control functions”, after sub-paragraph (n), insert—

““(o)“in relation to SEPA, the Water Environment and Water Services (Scotland) Act 2003(3)“ or regulations made under that Act,

“(p)“in relation to SEPA, the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003(4)“, the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(5)“ and the Water Environment (Remedial Measures) (Scotland) Regulations 2016(6)“ as those regulations may be amended from time to time,”.

(5) In section 114(2)(a) (power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals)(7)—

(a)omit sub-paragraphs (ii), (vii) and (ix),

(b)in sub-paragraph (iii), omit “43,”,

(c)in sub-paragraph (viii), omit “under section 2 of the Pollution Prevention and Control Act 1999 extending to Scotland”.

(6) In paragraph 4(3) (holding of local inquiries and other hearings by appointed persons) of schedule 20 (delegation of appellate functions of the Secretary of State)(8)—

(a)omit head (d),

(b)for head (e) substitute—

““(e)“regulation 55(1)(o) or (p) of the Environmental Authorisations (Scotland) Regulations 2018(9)“.”.