Accessing Scotland's geothermal resource: regulatory guidance

Regulation of geothermal operations

There are a number of public bodies involved in the regulation and control of activities which may be undertaken during the exploration and exploitation of geothermal heat.

The Scottish Environment Protection Agency (SEPA) regulates the activities associated with geothermal energy through the Water Environment (Controlled Activities) (Scotland) Regulations 2011. The construction of a borehole, the abstraction of water, and the subsequent return of water to the water environment all require authorisation from SEPA.

Significant physical works and changes in the use of land and buildings will require planning permission. Applications for planning permission are made, in the first instance, to the relevant planning authority for the area, usually the local council. The planning authority is, in most cases, responsible for the granting of planning permission for works associated with borehole construction and wellhead development. The decision would be either a refusal of planning permission, a grant of planning permission or a grant of planning permission with conditions.

Any activity which intersects, disturbs or enters coal seams requires prior written authorisation from the Coal Authority (CA). A Permit to Drill for the purpose of a Mine Water Heat Scheme is required for the drilling of boreholes and a Mine Water Heat Access Agreement must be sought in respect of any geothermal operations involving mine water.

The Health and Safety Executive (HSE) regulates the health and safety aspects of geothermal projects. The broad framework of the Health and Safety at Work etc Act 1974 applies to all workplaces and will be utilised when inspecting geothermal developments.