These regulations amend 14 items of legislation concerning environmental permitting, air pollution, water and waste.
References and definitions are updated to ensure that the legislation operates correctly after the UK's exit from the EU.
The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 will amend 14 items of environmental legislation on the date the UK leaves the EU (exit day).
Legislation is affected by this amendment in Scotland only.
What will be updated?
The 2019 regulations will update references and definitions within the following legislation in order to ensure it continues to function correctly after exit day.
Air Pollution and Permitting
In addition to the amendments necessary for the continued functioning of these regulations, duties are also revised significantly under the following legislation.
EEA Technical Standards
The Water Environment (Controlled Activities) (Scotland) Regulations 2011 are amended to remove the requirement on SEPA to recognise European Economic Area (EEA) technical standards with respect to equipment associated with activities subject to a general binding rule.
Removing mutual recognition eliminates the potential of preferential access to the Scottish market for EEA equipment.
Powers to Determine Hazardous (Special Waste)
The 2019 amendment will add regulations to the Special Waste Regulations 1996. These set a post-Brexit procedure so that the Scottish Ministers can determine whether non-hazardous waste is hazardous in the opinion of the Scottish Ministers or if non-hazardous waste should be treated as hazardous waste.
In the event a hazardous determination is made or a previous determination is revoked, the Scottish Ministers must issue a notice to all persons likely to be affected by this reclassification. Environmental regulators elsewhere in the UK, the Secretary of State and the Welsh National Assembly must also be informed regarding these determinations.
Determination of Best Available Techniques in Scotland
The Pollution Prevention and Control (Scotland) Regulations 2012 are also amended to permit SEPA to set permit conditions on the basis of Best Available Techniques (BAT) Conclusions published domestically by the Scottish Ministers after Brexit.
Previously, BAT Conclusions have been developed and published by the European Commission. SEPA is required to update pollution prevention and control permits to reflect BAT Conclusions for each sector within four years of publication.
The Water Environment and Water Services (Scotland) Act 2003 (Modification of Part 1) Regulations 2015 will also be revoked on exit day. These regulations previously updated references to EU legislation within the Water Environment and Water Services (Scotland) Act 2003.
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