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Continuing a planned regulatory path, the Environmental Authorisations regime is being extended to include all four areas of the Scottish Environment Protection Agency’s focus in one piece of legislation, resulting in a simplified and streamlined process.
The Environmental Authorisations (Scotland) Amendment Regulations SSI 2025/165 will take full effect on 1 November. They are designed to restructure the existing fragmented environmental licensing, permitting and registration regimes in Scotland, consolidating them into one document, while expanding the scope to include activities such as carbon capture, utilisation and storage, non-waste anaerobic digestion plants processing non-waste biomass, electricity generators, and sewage sludge to land.
The Scottish Deposit Return Scheme (DRS) has been delayed for what should be the final time. The date for it to come fully into force has moved from 1 October 2025 to 1 October 2027 – in line with similar schemes in England and Northern Ireland.
The concept of a DRS is simple. When someone buys a drink contained in single-use PET plastic, steel or aluminium that holds between 150ml and 3l of liquid, they are charged a deposit. If they return the used packaging to a designated return point, they get the deposit back, a financial incentive to recycle.
The Environment Agency (EA) is consulting on proposed new hourly rates for businesses failing to comply with the requirements of the ‘simpler recycling: workplace recycling’ scheme in England. From 31 March 2025, businesses must separate dry recyclable waste, food waste and residual waste from each other, in accordance with arrangements made with their waste collector. The EA recommends an hourly rate of £118 for non-compliance.
Ongoing reviews of environmental rules in Wales and Scotland
The Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill aims to establish a robust framework for environmental governance, which will address three core challenges: the impact of climate and nature emergencies; protecting the environment from harm; and responding to changes in environmental governance structures since the UK left the EU.
Environmental Standards Scotland is consulting on its draft strategy for 2026-2031, which outlines how the organisation will oversee and improve implementation of environmental law over the next five years.
The Scottish government is proposing to introduce minimum energy efficiency standard regulations in the domestic private rented sector. It would compel all privately rented properties to reach Energy Performance Certificate heat retention rating band C from 2028 for new tenancies and by 2033 for all privately rented homes.
The Health and Safety Executive has unveiled a wide-reaching programme of reforms to modernise Britain’s chemicals regulatory framework.
Thames Water has been issued with another record fine by the water regular, Ofwat, this time of £122.7m, for failing to operate and manage its water and sewage treatment network effectively, which resulted in several sewage pollution incidents.
In Richards v Environment Agency [2025], the High Court is reviewing the Environment Agency’s regulation of hydrogen sulphide emissions from a landfill site, after the mother of a young boy with chronic respiratory illness claimed that prolonged exposure from the site has seriously harmed his health.
Neil Howe PISEP is head of writing at Barbour EHS
