EASR or the Environmental Authorisation (Scotland) Regulations 2018 now applies to businesses in Scotland. Back in 2018, the Scottish Government proposed new compliance rules for environmental consents under the EASR legislation. Holyrood considered that this reform would "create a single, streamlined system and a more consistent and simpler integrated authorisation framework" for regulated activities that affect the environment.
Effective from 1 November 2025, the new framework is based on the level of risk posed by an organisation's activities and aims to help businesses comply in a quicker and easier way with their environmental duties.
What does this mean for my business?
EASR will now apply to all industrial activities, water activities and waste activities; effectively any activities that could harm the environment will need an authorisation. That has always been the case, but what EASR will do is now replace the following (but not limited to) eight key pieces of environmental legislation, namely:-
- 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.
Previously, whether a business required a 'General Binding Rule' ("GBR") or 'Notification' (i.e. rules for low-risk activities), a 'Registration' (with standard conditions for slightly higher-risk activities), or 'Permits' (for higher-risk, or complex activities), these authorisations were applied for and then granted by the Scottish Environmental Protection Agency ("SEPA") individually.
These authorisations will all remain the same, but where a business operates multiple activities requiring different types of applications as noted above, they will no longer require separate authorisations. Instead, your organisation will need only one authorisation which will cover all activities, and that EASR authorisation will be allocated under the activity with the highest level of risk.
For authorisation holders, SEPA will initially decide whether you are:-
- ‘In control’ of the regulated activity; and
- Whether you are a ‘fit and proper person’ to hold or continue to hold an environmental authorisation before granting the same.
The test of being ‘in control’ is the same for all authorisations, and it is essential the correct person or entity is designed on the authorisation.
Previously the ‘fit and proper person’ test was largely confined to waste matters, but will now apply to all activities. The main aim of this test is to ensure regulated activities are carried out in accordance with the conditions, and to manage any environmental liabilities when the activity ceases.
The fit and proper person test will be assessed differently across different activities, reflecting the individual risks for each. However, the assessment criteria for suitability, SEPA will consider your compliance history, any criminal convictions, technical competence, financial provision and any other relevant criteria.
New activities requiring compliance
EASR has introduced new activities that prior to 1 November 2025, did not require an authorisation from SEPA. Your business will need to apply for EASR authorisation if any of the following activities are undertaken:-
- Pollution recovery of waste by application to land for the purpose of soil improvement, and sewage sludge to land;
- Burning of any fuel in combustion plants which generate electricity on the same site with an aggregated rated thermal input of 1 MW or more;
- Any activity in a technical unit for the capture of carbon dioxide for utilisation or storage; and/or
- Anaerobic digestion of non-waste materials and associated feedstock and digestate handling and storage.
What does this mean for my existing authorisations?
Most existing authorisations will have automatically moved to an EASR authorisation on 1 November 2025. In some cases, however, moving to EASR may mean a change to your authorisation’s conditions or having to apply for a new authorisation. Businesses should carefully review their authorisations to establish if the updates have indeed altered its conditions as action may require to be taken.
Annual fees and charges should largely remain the same. Should an authorisation holder's fees change under the new regime, SEPA will re-invoice those businesses after 1 November 2025 in such circumstances. Otherwise, holders can expect to be invoiced as normal in April 2026.
What is clear from the Regulations and will be of a major benefit to industry is that EASR will present a standardised procedure for compliance with the various environmental legislation, but also streamlining the enforcement and management of your activities making the complex journey of environmental compliance, that little bit easier. Time will tell, and we will watch with interest to see how this new consolidated framework translates into practice.
Contact us
Alasdair and the Regulatory SHE Advisory Team at DAC Beachcroft Scotland offer expert advice in environmental licencing, permitting matters and investigations, amongst other regulatory fields and compliance matters and related offences across various sectors and disciplines.
Should you have any queries at all, or require any advice on environmental or regulatory matters, please reach out.
