CLIENT LOGIN

Waterman logo
Greenspace logo
Free trial button Client login button
Menu
 
Legal register

Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Synopsis

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.

 
 
 

Summary

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.

Water

Waste

Air Pollution and Permitting

Further Changes

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.

Revocation

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.

 

 

Greenspace subscribers receive full monthly updates summarising new and forthcoming legislation applicable to their organisation.

To receive these free updates by email, please subscribe to our mailing list. For a free trial and demonstration of Greenspace or a quotation, please contact us by email

Back to Free Updates
 

Waterman Group, Belgrave House, 47 Bank Street, Sheffield, S1 2DR
t +44 1142 298900, d +44 3300 602 764, e anne.turley@watermangroup.com
Privacy Policy / Data Protection Notice

SITE BY TIM POWELL
& DATABASECREATIONS.CO.UK
 

Free Legal Updates

* indicates required

Permissions

Waterman will email you a monthly update of developments in Environmental Legislation and occasional details about the Greenspace platform. You can unsubscibe at any time.

A Waterman consultant will email you login codes to trial the system along with a copy of the Greenspace Service Guide.

Thank You

Thank you for your subscribling to the Greenspace Mailing list. Please check your email to confirm your subscription.