New environmental legislation in Scotland

This page provides a list of key environmental legislation that has come into force in Scotland in the past twelve months. There are links to more detailed guidance on topics where relevant. 

You can keep up to date with new environmental legislation by subscribing to the free monthly business environmental update.     

We provide this list as a guide to key environmental legislation that may apply to your business. We review it periodically but it does not include every piece of legislation that may affect your business. As there may be additional legislation that applies to your particular activities and circumstances, you should check with your environmental regulator, legal advisor or environmental consultant to find out if there are any more legal requirements that apply to you.

Date in force	Legislation
4 October 2011	Pollution Prevention and Control (Scotland) (Amendment) Regulations 2011 SSI 285 Amends 200/323 to remove ‘general binding rules’ and allows Scottish Ministers or SEPA to make ‘standard rules’. Removes the burning of waste oil, recovered oil or waste-derived fuel from PPC regulation.
1 October 2011	Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011 Amends the definition of radioactive material and radioactive waste in the 1993 Act. Removes some of the provisions relating to clocks and watches.
1 October 2011	Radioactive Substances Exemption (Scotland) Order 2011 Removes the 21 exemption orders made under the 1993 and 1960 Radioactive Substances Acts and replaces them with a single exemption order. Some types of clocks and watches that contain radium are no longer exempt.
20 July 2011	Energy Information Regulations 2011 SI 1524 Applies to energy-related products which have a significant impact on energy consumption. Requires information to be provided to customers. Includes powers of enforcement  to improve the environmental performance of products.
10 June 2011	EU Regulation 494/2011 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (Adobe PDF - 722KB) Amends 1907/2006 by adding criteria to Annex XVII for controlling the use of cadmium in plastics, paints, brazing fillers and jewellery.
7 April 2011	Wildlife and Natural Environment (Scotland) Act 2011 Amends several acts to introduce tougher powers against wildlife crimes. Imposes stricter regulations on animal snares, including the training of operators. Landowners may be made accountable if their employees kill or take a wild bird.
1 April 2011	CRC Energy Efficiency Scheme (Amendment) Order 2011 SI 234 Amends 2010/768 by extending phase one of the trading scheme to 1 April 2014.  Reduces the second and sixth phases from seven to six years. The second phase will start on 1 April 2013. Each phase will overlap the previous phase by one year instead of two.
31 March 2011	Water Environment (Controlled Activities) (Scotland) Regulations 2011 SSI 209 Replaces CAR 2005/348 (as amended). Increases the transparency and efficiency of processing applications for water use licences, and introduces greater flexibility to deal with emergency situations where there are imminent risks of serious harm to people, property or the environment.
27 March 2011	Waste (Scotland) Regulations 2011 SSI 226 Enables the partial suspension, revocation, transfer and surrender of site licences, and allows licences held by the same person to be consolidated if they cover the same site or more than one mobile plant.
27 March 2011	Waste Management Licensing (Scotland) Regulations 2011 SSI 228 Consolidates 1994/1056 and amendments. Adds new exemptions. Removes need for licence holders to have a certificate of technical competence. Requires businesses carrying their own waste to register as waste carriers.
15 March 2011	EU Regulation 253/2011 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (Adobe PDF - 727KB)  Amends 1907/2006 by replacing Annex XIII relating to the identification of persistent, bioaccumulative and toxic substances and very persistent and very bioaccumulative substances.
4 March 2011	Animal By-Products (Enforcement) (Scotland) Regulations 2011 SS1 171 Details the enforcement authorities, processes and procedures under the Animal By-Products Regulations.
21 February 2011	EU Regulation 143/2011 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (Adobe PDF - 727KB) Amends 1907/2006 Annex XIV by adding six substances that are not to be placed on the market or used after a certain date, unless an authorisation has been granted.
10 January 2011	Waste Information (Scotland) Regulations 2010 SSI 435 Requires businesses to provide waste data returns to the Scottish Environment Protection Agency upon request.
26 November 2010	Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 Amends 2007/871, establishing waste recovery and recycling targets for 2011 and 2012 and making other technical changes.