Pollution prevention and control (PPC)

This page provides links to the full text of key pieces of PPC environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Control of Pollution Act 1974 40 Part III

Sets out local authorities' duty to inspect and exercise powers concerning noise abatement zones, and the process for dealing with excess noise and noise from construction sites.

Control of Pollution (Amendment) Act 1989 c.14

Requires carriers of controlled waste to register with the Environment Agency or SEPA and outlines the penalties (including seizure and disposal) for vehicles shown to have been used for illegal waste disposal.

Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 SSI 531

Requires anyone with custody or control of a crop being made into silage or of livestock slurry to carry out works and take steps to prevent pollution of the water environment. Fuel oil provisions revoked by 2006/133.

The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018

These Regulations make amendments to legislation concerning environmental protection, flood risk management, waste and a number of pieces of legislation related to animal health. The amendments update references to a number of EU instruments referred to in the legislation, and make consequential repeals and revocations of primary and secondary legislation due to updates in EU law.

Environment Act 1995

Establishes the Environment Agency and SEPA as the regulating bodies for contaminated land, abandoned mines, national parks, pollution control of pollution, conservation of natural resources, conservation or enhancement of the environment, and fisheries.

Environmental Protection Act 1990

Establishes in England, Scotland and Wales the structure and authority for waste management and control of emissions into the environment.

EU Regulation allowing voluntary participation by organisations in a community eco-management and audit scheme (EMAS) 761 2001

Revises the EU eco-management and audit scheme (EMAS), a voluntary scheme businesses wanting to evaluate and improve their environmental performance.

Pollution Prevention and Control (Scotland) Regulations 2012 (SSI 2012/360)

Sets out a system to control pollution from any installation or mobile plant carrying out specified activities through permits, inspections and control of emissions. Covers the inclusion of best available techniques (BAT) and standard rules in permits. Replaces (revokes) previous PPC legislation.

The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 No. 267

These regulations amend the PPC regulations 2012 and transpose Directive 2012/27/EU (The energy efficiency directive). The new Schedule 1A applies to specified installations and requires a cost-benefit analysis to be carried out for the purposes of the Energy Efficiency Directive. There is also a requirement for new permits for solvent activities to include a requirement to inform SEPA of an incident or accident that could significantly affect the environment.

The Pollution Prevention and Control (Scotland) Amendment Regulations SSI 2016/39

Amends the 2012 PPC Regulations to take account of Commission Directive 2014/99/EU concerning the capture systems for petrol vapour at refuelling sites.

The Pollution Prevention and Control (Scotland) Amendment Regulations 2017

These Regulations provide that no Medium Combustion Plant (MCP) brought into operation after 20th December 2018 can operate without a permit or being registered. In relation to MCPs already in operation at that date:

• those with a rated thermal input above 5 MW are brought within the permitting regime from 1st January 2024
• those with a rated thermal input of 1 to 5 MW are brought within the permitting regime from 1st January 2029.

MCPs are required to comply with emission limit values for sulphur dioxide, nitrogen oxides and fine particulate matter, subject to specified exceptions.

The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

These Regulations make amendments to legislation in the fields of environmental protection, water, water industry, waste and bathing waters. They make amendments to  the 2012 PPC regulations including to industrial emissions, with definitions of combustion, incineration and co-incineration plants. 

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.