In 2018, Scottish Government brought in the Environmental Authorisations (Scotland) Regulations 2018 (EASR). The aim of EASR is to provide a standardised, simplified, common framework for environmental authorisations in Scotland, known as an Integrated Authorisation Framework (IAF).

In September 2018, SEPA published two guidance documents to support the implementation of EASR:

  1. Public Participation Statement: Guidance under the Environmental Authorisations (Scotland) Regulations 2018 explains when and how SEPA involves the public and other interested bodies in decisions on environmental authorisations.
  2. Guidance On Who Can Hold an Authorisation: ‘In Control’ and ‘Fit and Proper Person’ Tests explains how SEPA decides who is ‘in control’ of the regulated activity and whether you are a ‘fit and proper person’ to hold or continue to hold an environmental authorisation.

In March 2024, Scottish Government closed its consultation on proposed amendments to EASR. These proposals extend the Integrated Authorisation Framework to include the regulation of water, waste management, and industrial activities, which are currently each regulated under different legislation. The proposals also included amendments to common procedures in EASR. As a result of the responses received, Scottish Government is proposing to amend EASR to:

  • Enhance the opportunities for public participation
  • no longer require a Fit and Proper Person test for private sewage activities

In addition to the amendments to EASR, the Scottish Government is also reviewing its approach to determining whether a person is ‘fit and proper’ to hold an authorisation to bring it into line with other UK environmental agencies and ensure only those that are ‘fit and proper’ can hold an authorisation.

Read the full consultation here. The deadline for responses is 30th March. Please forward and comments or feedback to inform the REA response to Megan ([email protected]) by 19th March.