The Environmental Authorisations (Scotland) Amendment Regulations 2025 Final Business and Regulatory Impact Assessment

Section 4: Additional implementation considerations

Enforcement/ compliance

SEPA is the principle environmental regulator in Scotland. SEPA will benefit from the simplified processes that the 2025 Regulations will make possible through reductions in administration requirements. The 2025 Regulations will however result in an increase in work and resource requirements for SEPA around regulation of the new activities, but this will be covered by the organisation’s cost recovery model when setting chargeable fees. SEPA has been consulted throughout the process of drafting and proposing the 2025 Regulations.

SEPA has various powers it can use to enforce its environmental regulation where it has reason to suspect non-compliance or negligence on the part of an operator. These range from advice and guidance, through statutory notices and monetary penalties, to criminal proceedings.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

The Regulations will bring Scotland into closer alignment with England and Wales. There are no implications for the Internal Market Act or for Common Framework Agreements.

International Trade Implications

None

EU Alignment consideration

The 2025 Regulations are broadly aligned with similar community or national-level regulation in the EU and reflect the further development of legislation that is derived from EU Directives and that was previously transposed into Scottish law.

Legal Aid

None

Digital impact

Not relevant for the subject of this BRIA

Business forms

The 2025 Regulations themselves do not mean any new forms are required, but in implementing the regulations SEPA may make changes to the way regulated business submit information or the way in which SEPA communicate or catalogue regulatory information.