The Environmental Authorisations (Scotland) Regulations 2018
Added on: 30/07/2018
These Regulations introduce the basis for an integrated framework of environmental authorisations. The purpose of the framework is to integrate the authorisation, procedural and enforcement arrangements relating to the existing water, waste, radioactive substances and pollution prevention and control regimes (regulated activities).
They are the first step towards the delivery of this integrated framework. They put in place the common framework and introduce the technical provisions relating to the radioactive substances regime.
The Regulations also transpose key elements of the Basic Safety Standards Directive (Directive 2013/59/EURATOM). They repeal the Radioactive Substances Act 1993 (1993 c.12), and provide a new regulatory framework for radioactive substances activities.
An existing registration or authorisation under the Radioactive Substances Act 1993 is deemed to be an authorisation for the purposes of these Regulations. Activities which are not regulated under the Radioactive Substances Act 1993 but which are 'radioactive substances activities' under these Regulations will generally require an authorisation by the date falling after the end of a period of 6 months from the date these Regulations come into force (1st September 2018).
In these Regulations, “radioactive substances activity” means an activity involving either or both:
- radioactive material
- radioactive waste
Part 1 of these Regulations provides for meaning of terms used in these Regulations, and the requirement for a person in control of a regulated activity to have an authorisation. Regulation 9 provides for general aims which SEPA must take into account when carrying out its functions.
Part 2 of these Regulations provides that regulated activities are authorised if they are carried out in accordance with the "general binding rules". Schedule 9 sets out the "general binding rules" which are specified for radioactive substances activities.
Part 3 of these Regulations provides for the carrying on of regulated activities in accordance with a notification, including cessation of the activity and surrender of the notification. SEPA may require that a regulated activity is to be authorised by means of notification whether or not the carrying on of the regulated activity is also subject to general binding rules.
Part 4 of these Regulations provides for the carrying on of regulated activities in accordance with a registration, including the form of applications, the content of a registration and the grant and variation of a registration.
Part 5 of these Regulations provides for the carrying on of regulated activities in accordance with a permit, including the form of an application, the content of a permit and the grant, variation and review of a permit. Schedule 1 makes further provision for the procedures for applying for and granting a registration or permit, and schedule 2 provides for the imposition by SEPA of requirements in permits and notices relating to land not controlled by the authorised person.
Part 6 of these Regulations provides for the transfer, revocation and surrender of registrations and permits.
Part 7 allows for determination of standard rules. A permit or a registration may be subject to standard rules.
Part 8 of these Regulations provides for the Scottish Ministers and SEPA having power to require information for specified purposes and for the requirement for SEPA to make information available to the public via a register. Provision is made for certain categories of information to be excluded from the register. Schedule 3 sets out the information to be included in the register.
Part 9 of these Regulations provides for enforcement. SEPA has power under regulation 46 to serve regulatory notices which can include a requirement for a regulated activity to cease. Regulatory notices may require action to be taken on land not in control of the authorised person.
Under Part 10 of these Regulations SEPA may serve a cost recovery notice requiring payment of the costs incurred in serving a regulatory notice or a remediation notice. Regulation 51 sets out the costs that may be recovered and the requirements for a notice. Regulation 54 contains provisions for the service of all forms of notice provided for in these Regulations.
Part 11 contains provision for the service of notices under these Regulations by SEPA and the Scottish Ministers.
Part 12 of these Regulations provides for appeals to the Scottish Ministers, for the effect of an appeal on the matter being appealed, and the determination of appeals by the Scottish Ministers. Schedule 4 makes further provision in relation to appeals.
Part 13 of these Regulations provide for SEPA’s functions and duties. SEPA is given power to impose authorisations, to escalate or de-escalate authorisations and to consolidate authorisations. Regulation 59 requires SEPA to carry out its functions in accordance with the technical schedule. Part 14 of these Regulations provides for the publication of guidance by SEPA.
Part 15 of these Regulations provides for the creation of criminal offences, as well as the creation of a defence and provision relating to the admissibility of evidence. Regulation 75 gives power to a court to order an offence to be remedied.
Part 16 allows the Scottish Ministers to give guidance to SEPA in relation to SEPA’s functions under these Regulations and in connection with the carrying on of a regulated activity by SEPA.