Environment law

The Scottish Environment Protection Agency (SEPA) are Scotland’s principal environmental regulator, protecting and improving Scotland’s environment. 

This 2025 consultation proposes changes to a) the SEPA guidance on public participation by adding a requirement for prospective applicants to engage in public consultation at the pre-application stage in the Public Participation Statement and b) the SEPA guidance on the criteria we will apply in determining whether a person is a fit and proper person to hold a registration or permit (‘the Fit and Proper Person’ Test). 

The Scottish Government held a consultation seeking views on proposals to treat Ramsar sites and natural features in the same way as European sites, for the purposes of the Habitats Regulations Appraisal process.

The Scottish Government and the Scottish Environmental Protection Agency (SEPA) held consultations on proposed amendments to the Environmental Authorisations (Scotland) Regulations 2018. The Environmental Law Sub-committee wrote to both the Scottish Government and SEPA with comments regarding both consultations.

The Scottish Government held a consultation seeking views on a range of topics and proposals related to biodiversity in Scotland and the Biodiversity Strategic Framework. This included: the Scottish Biodiversity Strategy; the first five-year Delivery Plan; the proposed Natural Environment Bill, which will provide a framework for establishing statutory nature targets; and proposed changes to National Parks legislation.

The Department for Environment, Food and Rural Affairs (DEFRA) held a consultation on the proposed ban of the manufacture, supply, and sale of wet wipes containing plastic.

The Scottish Government held a consultation seeking views on a number of topics relating to environmental governance in Scotland – including whether the current arrangements are effective and appropriate following the withdrawal of the United Kingdom from the EU, whether the law in Scotland on access to justice on environmental matters is sufficient, and whether the establishment of an environmental court could enhance governance arrangements.

The Department for Environment, Food and Rural Affairs (DEFRA), the Scottish Government, the Welsh Government and the Department of Agriculture, Environment and Rural Affairs (DAERA) are working together to develop a UK PVS Strategy spanning five years. They held a consultation to invite ideas from any interested parties across the UK to feed into the strategy.

The Scottish Government held a consultation seeking views on proposals on grouse moor licensing, muirburn and trapping.

The Scottish Government held a consultation seeking views for their Biodiversity Strategy, which is due for publication in 2022.

The Scottish Government held a consultation seeking views on proposals for legislation to develop Scotland’s circular economy. The consultation sets out a number of areas in which Scottish Government are seeking views on whether to take powers within a new Circular Economy Bill, including in relation to Strategic Interventions; Reduce and Reuse; Recycle; and Littering and Improving Enforcement.

Environmental Standards Scotland held a consultation seeking views and comments on ESS’ draft Strategic Plan - a statement about how ESS will work to scrutinise, investigate and secure improvements in public authorities’ compliance with environmental law, the effectiveness of environmental law, and the way it is being implemented and applied in Scotland.

Find out more on the Scottish Government website

Read our response

The Scottish Parliament's Rural Affairs, Islands and Natural Environment Committee held a call for views on Common Frameworks.

The Scottish Parliament's Net Zero, Energy and Transport Committee held a call for views on Environmental Common Frameworks.

Murdo Fraser MSP held a consultation on a proposal for a Bill to reduce the incidence of fly-tipping by introducing new measures and strengthening existing measures to prevent it, including by improving data collection, improving enforcement procedures, increasing penalties for offenders, and by making changes regarding liability for the removal of fly-tipped waste.

 

DEFRA held a consultation seeking views on proposals to address the identified issues and improve the overall effectiveness of the system, including suggestions from the Advisory Committee on Packaging (ACP) and other industry bodies.

SEPA held a consultation about proposals to change the way in which they calculate the Disproportionately Expenses Test.

DEFRA held a consultation on the Nature Recovery Green Paper: Protected Sites and Species which includes options to bring clarity and coherence to the framework for protected sites; to reform species protections; and to modernise funding arrangements.

The UK Government, the Scottish Government, the Welsh Government and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland are working together to develop a central digital waste tracking service and held a joint consultation to seek views on the implementation of this service.

 

The UK Parliament's Environment, Food and Rural Affairs Committee sought views from interested individuals and organisations on the DEFRA Common Frameworks.

Marine Scotland held a consultation as one of the final stages in the process of updating the Marine Litter Strategy for Scotland. The consultation seeks input from the public and other organisations to finalise the strategy and action plan before it is published.

The Scottish Government held a consultation – which was drafted in partnership with Zero Waste Scotland, Keep Scotland Beautiful and Scottish Environment Protection Agency (SEPA) – seeking views on the aims, objectives and actions that will sit under the new National Litter and Flytipping Strategy for Scotland.

The Scottish Government has committed to reviewing the role of incineration in the waste hierarchy in Scotland, to ensure that how residual waste is managed in Scotland aligns with Scotland’s carbon reduction ambitions. As part of the review, the Scottish Government launched a call for evidence to obtain views and evidence on a range of topics.

The Scottish Government held a consultation seeking views on draft guidance under the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 concerning the duty to have due regard to five guiding principles on the environment. The purpose of the consultation was to ensure that the statutory guidance meets its aim of supporting and guiding Ministers and public authorities in meeting their legal obligations.

The Scottish Government launched a consultation to obtain views to help inform and shape Scottish Government policy for onshore wind.

Transport Scotland held a consultation seeking views on how to realise the Scottish Government's vision for aviation.

The Scottish Government held a consultation regarding the application of Scottish Landfill Tax (SLfT) and proposed amendment to the Scottish Landfill Tax (Prescribed Landfill Site Activities) Order 2014.

The UK Government has set a target of eliminating all 'avoidable' plastic waste by 2042, with a shorter-term ambition to “work towards” only recyclable, reusable or compostable plastic packaging being placed on the market by 2025. Measures they have announced include a plastic packaging tax, a deposit return scheme, and banning some single-use plastics, like straws.   

This inquiry scrutinises the level of the Government’s ambition, whether current measures on plastic waste go far enough, and how alternatives to plastic consumption can be identified and supported.

In March 2021 the Department for Environment, Food & Rural Affairs (DEFRA) consulted on the draft policy statement on environmental principles which applies to England and sets out how those five internationally recognised environmental principles should be interpreted and proportionately applied.

  • Our response, submitted in June 2021, recognised the interaction with environmental principles for Scotland. 

The Scottish Government and SEPA are consulting on improvements to the way that we protect Scotland's Groundwaters from pollution.

 

We have responded to the Scottish Government’s consultation on Draft Environmental Protection (Single-use Plastic Products and Oxo-degradable Plastic Products) (Scotland) Regulations 2021.

The draft regulations propose introducing market restrictions – effectively a ban – for problematic single-use plastic (SUP) items and all oxo-degradable products in line with Article 5 of the EU Single-Use Plastics Directive (EU) 2019/904.

Read the Scottish Government consultation.

Read our response.

The House of Lords EU Environment sub-committee launched a short inquiry on the UK-EU Trade and Cooperation Agreement as it relates to its remit: energy, environment, health, food trade, agriculture, fishing, climate change and chemicals. The inquiry focuses on the provisions in the Agreement, any challenges that arise, and where UK-EU relations should go from here.

The Scottish Government launched a consultation on its draft new air quality strategy for Scotland in October 2020.

The Scottish Government published an update to Securing a Green Recovery on a Path to Net Zero: Climate Change Plan 2018–2032 in December 2020. The Scottish Parliament subsequently issued a short consultation across the Environment, Climate Change and Land Reform Committee; Economy, Energy and Fair Work Committee; Local Government and Communities Committee; and the Rural Economy and Connectivity Committee.

The Scottish Government held a consultation on proposals for establishing a Scottish Nitrogen Balance Sheet, as required by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019.

The Scottish Government held a consultation on proposals to introduce market restrictions – effectively a ban – on the most commonly littered single-use plastic items found on European beaches (October 2020)

The Scottish Government sought views on proposals for new or updated environmental standards for Scotland’s water environment, and updates to some of the assessment methods used for deriving such standards (October 2020).

 

The Scottish Environment Protection Agency (SEPA) has a statutory duty to consult on any revision to its guidance. They have proposed significant changes to their process for determining Variable Monetary Penalties (VMPs) and accordingly asked for views.

The Department for Environment, Food & Rural Affairs (Defra) issued a consultation seeking feedback on its draft 2021 Aarhus National Implementation Report.

The Scottish Government issued a consultation seeking views on its draft infrastructure investment plan, covering the financial years 2021-2022 to 2025-2026.

Our Mental Health and Disability, Environmental Law Sub-committees and Criminal Law Committee have responded to the Department for Transport and UK Space Agency’s consultation on Spaceport and spaceflight activities: regulations and guidance. 

Read our response

 

The UK Parliament's  Environmental Audit Committee launched an inquiry into biodiversity and ecosystems, examining how best to protect and enhance biodiversity, while considering nature-based solutions to climate change and the 2030 Sustainable Development Agenda.

The Scottish Environment Protection Agency (SEPA) issued a consultation seeking views on its proposal to vary a bespoke condition included in some permits granted under the Environmental Authorisations (Scotland) Regulations 2018 (EASR) on the receipt of radioactive waste and the holding of contaminated items.

The UK Government asked for views on areas of the plastic packaging tax design, which have been further refined ahead of the tax commencing in April 2022.

The Society's Mental Health and Disability and Environment Committees repsonded to this UK Government call for views.

The Scottish Government issued a consultation to seek views to inform the development of their final recommendations.

We provided a joint response to two SEPA consultations, Significant Water Management Issues for Scotland and The challenges facing our water environment in the Solway Tweed.

The UK Parliament's Environmental Audit Committee re-launched an inquiry into Electronic Waste and the Circular Economy.

The Scottish Government has issued a consultation to gather views from industry, regulators and other stakeholders on Scotland’s first industry guidance for the eventual decommissioning of offshore renewable energy infrastructure.

SEPA issued a consultation seeking feedback on key areas within the principles of their permit reform process, the key changes to the non-hazardous landfill permit and their regulatory approach.

The Scottish Government has issued a consultation on Scotland's Low Emission Zones: Regulations and Guidance to seek opinions on issues of a technical nature that underpin the operation and delivery of Low Emission Zones (LEZs), including the substantive issue of emission standards, exemptions and penalty charges.

SEPA has issued a consultation on their permit reform process.

The Department of Environment, Food and Rural Affairs has issued a consultation on controls on the import and export of hunting trophies.

The Scottish Government has issued a consultation on Developing Scotland's Circular Economy.

The Scottish Government has issued a consultation on the Deposit and Return Scheme for Scotland Regulations 2020.

The Scottish Government has issued a consultation on the role of public sector bodies in tackling climate change.

The Scottish Government has issued an inquiry on Scotland’s National Transport Strategy

The Scottish Government's Environment, Climate Change and Land Reform Committee has issued an inquiry on The Deposit and Return Scheme for Scotland Regulations 2020: accompanying statement and proposed regulations.

The U.K. Government has issued a consultation on standards for biodegradable, compostable and bio-based plastics.

The Scottish Environment Protection Agency has issued a consultation on the Scottish forestry and wood processing sector. 

 

The Scottish Government has issued a consultation on the Handling of waste: amendment to legislation

The Department for Environment, Food and Rural Affairs has issued a consultation on measures to reduce the amount of unnecessary and difficult to recycle packaging and increase the amount of packaging that can and is recycled.

The Scottish Government has issued a consultation to consider how Scotland maintains effective environmental governance following an exit from the European Union.

HM Treasury and the Department for Environment, Food & Rural Affairs have issued a consultation on the design of the tax on plastic packaging announced at Budget 2018.

The Scottish Government has issued a consultation on its draft Climate Change Adaptation Programme 2019-2024.

The Scottish Environment Protection Agency (SEPA) has issued a series of consultations on its sector plans for the challenges of tommorrow.

The Environment, Food and Rural Affairs Committee and the Environmental Audit Committee have launched a joint call for written evidence for pre-legislative scrutiny of the draft Environment (Principles and Governance) Bill.

The Scottish Environment Protection Agency (SEPA) has issued a consultation on its Finfish Aquaculture Sector Plan.

The Scottish Environment Protection Agency (SEPA) has issued a consultation on river basin management planning.

The Scottish Environment Protection Agency (SEPA) has issued a consultation on steps for the Solway Tweed river basin district.

The Scottish Government has issued a consultation on draft Noise Action Plans.

The Scottish Environment Protection Agency (SEPA) has issued a consultation on how it will work with the tyre sector; from those who commission, design and manufacture tyres through to the businesses and operators who use, collect, recycle and recover waste tyres.

The Scottish Parliament's Environment, Climate Change and Land Reform Committee received a notification from the Cabinet Secretary on the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018 on 2 October 2018.

The Scottish Government has issued a consultation on the options for distinct elements of a deposit return scheme on beverage containers, seeking views on which options will deliver the best results for Scotland.

The Scottish Government has issued a discussion paper inviting input to the development of an Environment Strategy for Scotland.

The Department for Environment, Food & Rural Affairs has issued a consultation on the actions being proposed to reduce air pollution and its effects.

The Department for Environment, Food & Rural Affairs (DEFRA) has issued a consultation on environmental principles and governance after EU exit.

The House of Commons Environmental Audit Committee launches an inquiry into the Government’s proposals for a new environmental watchdog and its proposals to bring environmental principles into UK law after leaving the EU.

The Scottish Environmental Protection Agency (SEPA) has issued consultations on their first three Sector Plans for the Scotch Whisky, metals and landfill industries.

The Scottish Parliament's Environment, Climate Change and Land Reform Committee has issued a call for evidence on EU Environmental and Animal Welfare Principles.

The Scottish Government and the Scottish Environment Protection Agency (SEPA) have issued a consultation on the supporting guidance for the Integrated Authorisation Framework.

The Scottish Government and the Scottish Environment Protection Agency (SEPA) have issued a consultation on the Draft Environmental Authorisations (Scotland) Regulations 2018.

The Scottish Civil Justice Council has issued a consultation to seek views on draft rules for Protective Expenses Orders (PEOs). The draft rules seek to ensure that, where applicable, the rules regulating applications for PEOs in environmental proceedings operate so as to give proper effect to the requirement under the Aarhus Convention and European Union Law that proceedings should be 'not prohibitively expensive'.

The Scottish Government and the Scottish Environmental Protection Agency (SEPA) have issued a consultation that sets out proposals for a new integrated environmental authorisation framework for SEPA. The new framework plans to bring together the authorisation, procedural and enforcement arrangements for existing environmental protection regimes relating to water, waste, radioactive substances and pollution prevention and control.

Environmental Law Sub-Committee

Our expert group on environmental law.

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Our input to parliamentary bills

To help shape good law, we regularly provide responses and briefings related to bills from Holyrood and Westminster.

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Influencing the law and policy

One of the main functions of our policy team, along with our network of volunteers, is to analyse and respond to proposed changes in the law.

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