On 2 June, the Scottish Environment Protection Agency (SEPA) said it was informing businesses in Scotland of important changes to the regulation of the use of waste on land for soil improvement. This includes changes to how to apply for an authorisation.
The move will create a single regulatory framework for the application of waste to land, said SEPA, “offering greater fairness and environmental safeguards.”
From 1 November 2025, the spreading of waste and treated sewage sludge to land for soil improvement activities will be regulated under the Environmental Authorisation (Scotland) Regulations 2018 (EASR). This consolidates and replaces the Sludge (Use in Agriculture) Regulations 1989 and Paragraph 7 and 8 exemptions under the Waste Management Licensing (Scotland) Regulations 2011 (WML).
Scott Crawford, Senior Permitting Manager at SEPA, said: “Our new approach to regulating this activity will provide better environmental protection, while providing consistency, clarity, and a level playing field for operators across the sector.
“As part of the application process, operators must demonstrate they are suitable to undertake this activity and can meet the conditions of the authorisation. This includes conditions on the type and quantity of material spread to land to minimise the impact on the environment, and requires the operator to carry out monitoring and reporting.”
What this means for businesses
SEPA said businesses can apply now for a new EASR authorisation for the application of waste to land, including treated sewage sludge. Any authorisations granted during this period will not come into effect until 1 November 2025.
Everyone that carries out the application of waste to land for the purpose of soil improvement activities will have to apply for a new EASR authorisation. When they apply will depend on their current arrangements.
Operators planning new waste-to-land activities prior to 1 November will have the option to either apply for a new EASR authorisation or register a new exemption. Any new exemption will be valid for 12 months from date of issue but cannot be renewed once expired. Operators will have to apply for an EASR authorisation before the expiry date.
Those that already carry out activity under an exemption that is due to expire before the 1 November have the option to either apply for a new EASR authorisation or renew their existing exemption. Renewed exemptions will be valid for 12 months from date of renewal but cannot be renewed beyond this. Operators will have to apply for an EASR authorisation before the expiry date.
Those with exemptions expiring after 1 November 2025 must apply for a new EASR authorisation before the expiry date if they wish to continue carrying out this activity. Renewals under the current waste management licencing framework will no longer be possible beyond this date.
Applying for a new authorisation
Under EASR, there are two types of authorisations available for use of waste-to-land for soil improvement activities:
- Registration: For single-site waste to land activities, with standard conditions. SEPA will determine applications within 28 days.
- Permit: For multi-site activities or operations requiring site-specific conditions. Permits may take up to four months for determination.
The type of authorisation a business applies for will depend on what works best for their operational circumstances.
Applicants will be required to submit detailed information including site details and operational processes. The applicant will undergo a Fit and Proper Person test to ensure they are suitable to be in control of the activity and responsible for overall compliance with authorisation conditions.
Unlike the current exemption system, EASR authorisations will not require annual renewal and will remain valid until surrendered or revoked. However, annual activity fees will apply.
To ease the transition, SEPA has introduced a temporary regulatory position allowing businesses with expiring exemptions between June and November 2025 to continue operating, provided they have submitted an EASR application that covers the same site.
Operators must comply with existing exemption conditions until their new authorisation comes into effect, says SEPA, or the application process concludes.
Businesses seeking help completing applications or further support with the transition are encouraged to contact SEPA for assistance.
