The Scottish Environment Protection Agency (SEPA) consulted on their proposed changes to the Environmental Authorisations (Scotland) Regulations 2018 (EASR) in January 2024 and recently published their consultation analysis here (read the REA member briefing here). 

Some of the proposed authorisations under the new framework will require new or amended subsistence charges. SEPA has released a consultation for feedback on the proposed charging scheme (here). This consultation will close at midnight on Sunday, the 29th of September. Please submit any feedback or questions on the consultation to Claire at [email protected] by Friday, the 20th of September so REA can develop a draft response.

Changes to Waste Management Activity Charges

We have summarised the most impactful changes to waste activity charges below, but you can read the full list of changes here.

Activities formerly regulated by Paragraph 7 and 8(2) exemptions (landspreading) are now categorized under “Use of waste on land for the purpose of soil improvement,” divided into three types:

1. 1. 1. Single Location: Requires Registration with a £851 application fee and £659 subsistence charge (no change).
      2. Multiple Locations ≤1500 hectares: Requires a Permit with a £5,676 application fee  (567% increase) and £12,036 subsistence charge (1726% increase). 
      3. Multiple Locations >1500 hectares: Requires a Permit with a £5,676 application fee (567% increase) and £20,460 (3005% increase).

Activities formerly regulated by Paragraph 12 exemption (composting) are separated into three categories:

1. 1. 1. Composting at the place of waste production: requires no authorisation or charge.
      2. >500 tonnes of waste for composting at any one time unless covered by a low-risk waste position: £659 application fee and £524 subsidence charge (threshold increased).
      3. <500 tonnes of waste for composting at any one time: requires a permit and falls into one of four charging categories (references 12620, 12630, 12640 and 12510).

The thresholds for activities formerly regulated by Paragraphs 9 and 19 exemptions (reclamation & land improvement) have increased and the charges will be separated into four bands:

1. 1. 1. >300 tonnes per year: No charges (threshold increased)
      2. 300-15,000 tonnes per year: £1,703 application fee and £851 subsidence charge (threshold increased)
      3. 15,001-100,000 tonnes per year: £2,838 application fee and £1,703 subsidence charge (no change).
      4. NEW <100,000 tonnes per year: £7,095 application fee (150% increase) and £5,852 subsidence charge (244% increase).

SEPA proposes a new charging structure for waste mobile plant licenses. The environmental charge has been removed and the following steps are proposed:

1. 1. 1. Licenses: Require a £2,838 application fee (50% decrease) and £1,706 subsidence charge (71% decrease). The subsidence fee mothballing option is removed.
      2. Deployment: A deployment plan submission is required for each deployment with approval within 28 days for each location. Deployments are subject to a £4,137 charge per standard (<10,000 tonnes) deployment and a £7,034 charge per large-scale deployment (≥10,000 tonnes).

New Charging Activities

For new activities, SEPA calculated charges by adopting the same charge as a similar, existing activity, or by calculating the cost of carrying out regulatory tasks, developing supporting systems and services, and the nature of the activity and its risk to the environment. The new charges are listed below:

• • AD using >100 tonnes of biowaste per day requires a £659 application fee and £851 subsidence charge.
  • Non-waste AD using >100 tonnes of biowaste per day requires Registration with a £659 application fee and £851 subsidence charge.
  • Non-waste AD using <100 tonnes of biowaste per day requires a Permit with a £14,190 application fee and £6,363 subsidence charge.
  • Combustion plants that generate electricity aggregating to 1MW or more require a Registration with a £659 application fee and £322 subsidence charge.
  • Storage and treatment of >25m3 of used cooking oil at one time to manufacture biodiesel requires a  £659 application fee and £524 subsidence charge
  • Storage and treatment of >500 tonnes of segregated non-hazardous waste for recycling at one time requires a £659 application fee and £524 subsidence charge

Incineration or co-incineration with a capacity of 50 kilograms per hour, transporting your waste, and storage and preparation for reuse of waste will not have charges. Any other Waste Management Activity subject to Registration will require a  £659 application fee and £524 subsidence charge.

Changes to the Charging System

SEPA has also introduced proposals changing the delivery of the charging system.

They are consulting on options for consolidation of authorisations. SEPA plans to continue to offer discounts for multiple activities under one authorisation if they are geographically connected, but for a period after the implementation of the Regulations, SEPA will only accept applications for activities at multiple locations where they are inter-connected. They’ve suggested three categories for authorisation consolidation:

1. 1. 1. Single Authorisation with Multiple Variations: Consolidation into one document will incur a standard variation charge of 30% of the application fee, plus any additional fees for variations or surrenders.
      2. Multiple Connected Authorisations: Consolidation will incur a standard variation charge of 30% of the application fees for each authorisation, with discounted fees for connected activities applying.
      3. Multiple Unconnected Authorisations: Consolidation into a Corporate Permit will be considered only for interconnected activities initially, with potential new charging systems under review. 

For transfer applications, a standard transfer fee applies for basic assessments (£185 for waste and water activities) and a substantial transfer fee applies for detailed assessments of permit transfers (£1,788). SEPA has removed the free administrative transfer option. For transferring a Revocation Notice to another party, a £1,788 charge for assessing compliance and the fee for transferring the authorisation itself applies. 

The proposals also allow SEPA to adjust authorisation levels for unauthorised activities, with the appropriate application fee plus an additional 25% charge, and introduce charges for determining the commercial confidentiality of information submitted in response to an Information or Regulatory Notice, at £120 per hour.