Changes coming to how complex waste exemptions are authorised

From 1st November 2025, Scotland’s approach to waste regulation is getting a major upgrade. The Environmental Authorisations (Scotland) Regulations 2018 (EASR) will officially take the reins.

This shift will bring a wide range of complex waste exemptions under one simplified, modern framework. Replacing outdated systems such as The Waste Management Licensing (Scotland) Regulations 2011.

Currently, complex exemptions allow certain waste activities to be carried out without a full licence and typically include activities such as composting biodegradable waste, using waste in construction, the storage and treatment of waste vehicles and metals, and the storing or refurbishing of waste electrical and electronic equipment (WEEE). Each exemption is defined by a paragraph in the Waste Management Licensing (Scotland) Regulations 2011.

If your business holds a complex waste exemption or exemptions, from 1st November 2025, you’ll need to apply for an EASR authorisation to stay compliant.

What does this mean for me and what do I need to do?

If your existing exemption expires before 1st November 2025, you can apply to renew it before the expiry date for a further 12 months. After that, you must apply for an EASR authorisation.

If your existing exemption expires on or after 1st November 2025:

• You can apply to renew it until 31st October 2025. The exemption will be valid until 1st November 2026. After that, you must apply for an EASR authorisation; or
• You can apply for an EASR authorisation from 1st November 2025. You will still be authorised to carry on the activity until your application is determined, providing you comply with the conditions of your current exemption.

From 1st November 2025 all new activities will need an EASR authorisation. Exemptions will no longer be granted for new activities.

Unlike the current system, you don’t have to renew your authorisation annually. Your authorisation will stay in place until you surrender it, transfer it to someone else or is revoked by SEPA.

What will my authorisation change to?

The type of authorisation you should apply for after 1st November 2025, will depend on the activity you undertake.

Registrations

For those activities moving to registration, your application will only be granted if you can confirm you are able to comply with the standard conditions for that activity. It’s an offence if you do not comply with the conditions.

If you cannot comply with the standard conditions, but still want to carry out your activity, you may be authorised to do so with a permit.

Permits

For some activities, you may be required to apply for a permit, which contains conditions specific to your activity and location. The conditions of your permit will be decided when we assess your application. This is to ensure that the appropriate limits and controls are in place to minimise pollution and protect the environment.

If you carry out an activity under a permit authorisation, you must comply with the conditions set out in your authorisation. It’s an offence if you do not comply with the conditions.

Fit and Proper Person test

Also, as part of your application for both registration and permit authorisations, we’ll carry out a Fit and Proper Person test to assess your suitability to carry out the proposed activity. When you apply for a permit or registration under EASR, we’ll assess whether you are:

• The person who will have control over the regulated activity.
• A fit and proper person to be in control of the regulated activity.

We take several criteria into account when deciding if a person is fit and proper. This can include:

• Compliance history.
• Relevant convictions - published on SEPA website.
• Technical competence.
• Financial provision.

Full guidance on who can hold an authorisation is published on our website.

Processing times

Once we’ve received your application, we’ll assess it and tell you of our decision. The statutory timescales for processing a registration is within 28 days and four months for a permit. On occasion, there may be circumstances where these timescales might need to be extended. It’s therefore essential that you consider our processing times when renewing your authorisation under EASR to allow time before your current authorisation expires.

Why the change?

The move to EASR is part of Scotland’s effort to simplify and strengthen environmental regulation. It creates a more consistent framework, improves clarity for operators, and enhances environmental safeguards.

Further information

We encourage you to begin preparing for this transition now.

For further information, you can download our Navigating Regulatory Change guidance, which supports your transition to EASR or visit our website.