Environmental Authorisations (Scotland) Regulations 2018: process for considering third party representations

Ministers are keen to ensure communities are engaged in environmental decision-making, and this policy statement sets out the circumstances under which third parties may ask Ministers to determine EAR applications.

1. Introduction

The Regulatory Reform (Scotland) Act 2014 provides for the introduction of regulations establishing a framework of environmental authorisations. The Environmental Authorisations (Scotland) Regulations 2018 (" EAR 2018") introduce a framework of common procedures relating to the authorisation of activities concerning water, waste management, radioactive substances and pollution prevention and control. The purpose of EAR 2018 is to set out the steps that the Scottish Environment Protection Agency (" SEPA") must apply in determining whether to grant the authorisation, variation or surrender of a regulated activity.

This Policy Statement supports the wider environmental justice agenda by ensuring third party interests in the environment can be fully considered during SEPA's determination process, and outlines the way in which SEPA will give consideration to third party issues raised during that process.

It also describes how Scottish Ministers may choose to call in an application for their own determination, and outlines the criteria Scottish Ministers will use to help decide whether they wish to exercise that power in any given circumstances.

We expect SEPA to publicise these procedures to ensure all third parties are aware of these opportunities.


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