Scotland’s environmental regulator is proposing to stop routinely sending draft permit decisions to people who have already objected to or commented on applications involving waste, water and industrial activities.
The Scottish Environment Protection Agency (SEPA) is consulting on changes to its Public Participation Statement, with responses due by 24 August.
At present, people who submit representations during a permit consultation can be contacted again with information about SEPA’s draft permit and draft decision.
SEPA is proposing to remove that routine step.
Under the proposed system, information about final decisions would instead be made available through SEPA’s Consultation Hub or Public Register. In most cases, there would be no further consultation on a draft decision before it was finalised.
The change would apply across environmental authorisations covering activities including waste management, water use and industrial operations.
SEPA says the proposal follows changes to the law which removed an earlier third-party call-in procedure. It says the current wording of its guidance no longer reflects the legal process.
The regulator is therefore asking whether the requirement to contact everyone who responded to a permit consultation should be removed.
The proposal does not end public consultation on environmental permits.
People would still be able to submit representations when an application is first consulted upon.
Certain industrial emissions applications would also continue to be subject to a statutory 28-day consultation on draft decisions, while SEPA could choose to carry out further consultation in other cases where there was substantial public interest.
For most applications, however, people who had already raised concerns would no longer routinely receive the draft permit or draft decision directly.
Instead, they would need to check SEPA’s online consultation system or public register to find the outcome.
That distinction could be important for communities following applications involving potential pollution, waste facilities, water abstraction or other regulated activities.
SEPA’s own Public Participation Statement says public involvement can improve environmental decision-making and that communities should be able to participate in decisions which may affect them.
The proposed amendment would reduce one of the points at which SEPA currently returns directly to people who have already taken part in the process.
SEPA says this reflects the current legislation rather than a decision to remove the initial right to comment.
The consultation document also states that relevant regulatory information would be available either online or on request, although SEPA acknowledges that it may not be able to publish all relevant material on its website.
The wider Environmental Authorisations regime was expanded on 1 November 2025 to bring water, waste and industrial activities under the same regulatory framework used for environmental permissions in Scotland.
Permits are generally required for higher-risk or more complex activities and can include specific conditions intended to limit environmental harm.
The consultation asks respondents directly whether they agree that SEPA should remove the requirement to contact everyone who responded to a permit consultation with the draft permit and draft decision.
The consultation closes on 24 August.
Sources
Scottish Environment Protection Agency (SEPA) — Proposed Changes to Environmental Regulation Guidance on Who Can Hold an Authorisation, Public Participation, Types of Authorisations and Amendments to Standard Conditions for Registration Level Activities for Water, Waste and Industrial Activities. Opened 29 June 2026; consultation closes 24 August 2026.
https://consultation.sepa.org.uk/regulatory-services/proposed-changes-to-environmental-regulation-guida/
Scottish Environment Protection Agency (SEPA) — Environmental Authorisations (Scotland) Regulations 2018: Proposed Changes to SEPA Guidance on Who Can Hold an Authorisation; Public Participation; Types of Authorisations; and Amendments to Standard Conditions for Registration Level Activities for Water, Waste and Industrial Activities — EASR Consultation 2026. Published June 2026.
https://consultation.sepa.org.uk/regulatory-services/proposed-changes-to-environmental-regulation-guida/supporting_documents/260416_draft_easr_consultation_amendments_standard_conditions_iots-1pdf
Scottish Government, Environment and Forestry Directorate — Environmental Authorisations (Scotland) Regulations: call-in guidance. Published 20 October 2025.
https://www.gov.scot/publications/call-guidance-under-environmental-authorisations-scotland-regulations-2018-amended-environmental-authorisations-scotland-amendment-regulations-2025-schedule-1-parts-2-3-regulations-16-19-21-25-26/
